HomeMy WebLinkAbout1997-11-18; City Council; Resolution 97-6950 0
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RESOLUTION NO. 97-695
A RESOLUTION ADOPTING REASSESSMENT REPORT FOR
REASSESSMENT DISTRICT NO. 97-1, CONFIRMING AND ORDERING
THE REASSESSMENT BY SUMMARY PROCEEDINGS AND DIRECTING
ACTIONS WITH RESPECT THERETO
RESOLVED, by the City Council (the “Council”) of the City of
Carlsbad (the “City”), County of San Diego, State of California,
that:
WHEREAS, on October 28, 1997 this Council adopted a Resolution
Making Preliminary Determinations, Making Appointments, and
Declaring Intention to Issue Refunding Bonds for Special Assessment
Districts Nos. 85-2 and 88-1, and Ordering a Report Thereon and
therein directed the making and filing of a reassessment report
(the “Report”) in writing in accordance with and pursuant to the
Refunding Act of 1984 for 1915 Improvement Act Bonds, Division 11.5
of the Streets and Highways Code of California (the “Act”) in and
for the City’s Reassessment District No. 97-1 (Alga Road and
College Boulevard) (the “Assessment District”);
WHEREAS, the Report was duly made and filed, and duly
considered by this Council with the aid of City staff and found tc
be sufficient in every particular, and the Report shall stand for
all subsequent proceedings under and pursuant to the aforesaid
Resolution of Intention.
NOW, THEREFORE, IT IS ORDERED, as follows:
1. Conditions Satisfied. Pursuant to Section 9525 of the
Act, and based upon the Report this Council finds that all of thc
following conditions are satisfied that:
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(a) Each of the estimated annual installments of
principal and interest on the reassessment as set forth in the
Report is less than the corresponding annual installment of
principal and interest on the original assessment as also set
forth in the Report, by the same percentage for all
subdivisions of land with the Assessment District;
(b) The number of years to maturity of all refunding
bonds proposed to be issued is no more than the number of
years to the last maturity of the bonds being refunded (the
“Prior Bonds”) ; and
(c) The principal amount of the reassessment on each
subdivision of land within the district is less than the
unpaid principal amount of the original assessment by the same
percentage for each subdivision of land in the Assessment
District.
2. Public Interest. The public interest, convenience and
necessity require that said reassessment be made.
3. Boundaries Amroved. The Assessment District benefited by
said reassessment and to be reassessed to pay the costs and
expenses thereof , and the exterior boundaries thereof , are as showr
by a map thereof heretofore filed in the office of the City Clerk,
which map is made a part hereof by reference thereto.
4. Report Approved. Pursuant to the findings hereinabovc
~ expressed with respect to Section 9525 of the Act, said conditions,
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and all of them are deemed satisfied and that the followinc
elements of the Report are hereby finally approved and confirmec
without further proceedings, to wit:
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(a) a schedule setting forth the unpaid principal and
interest on the Prior Bonds to be refunded and the total
amounts thereof (and assessments being continued);
(b) an estimate of the total principal amount of the
reassessment and of the refunding bonds and the maximu
interest thereon, together with an estimate of cost of the
reassessment and of issuing the refunding bonds, including
expenses incidental thereto;
(c) the auditor's record kept pursuant to Section 8682
of the Streets and Highways Code of California showing the
schedule of principal installments and interest on the Prior
Bonds and the total amounts thereof;
(d) the estimated amount of each reassessment,
identified by reassessment number corresponding to the
reassessment number ofthe reassessment diagram, together with
a proposed auditor's record for the reassessment prepared in
the manner described in said Section 8682; and
(e) a reassessment diagram showing the assessment
district and the boundaries and dimensions of the subdivisions
of land therein.
Final adoption and approval of the Report as a whole, the
estimate of the costs and expenses, the reassessment diagram and
the reassessment, as contained in the Report, as hereinabove
determined and ordered, is intended to and shall refer and apply to
the Report, or any portion thereof, as amended, modified, revised
or corrected by, or pursuant to and in accordance with, any
resolution or order, if any, heretofore duly adopted or made by
this Council.
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5. Findinss and Determinations. Based on the oral and
documentary evidence, including the Report, offered and received by
the Council, this Council expressly finds and determines:
(a) that each of said several subdivisions of land will
be specially benefited by the reassessment at least in the
amount, if not more than the amount, of the reassessment
apportioned against such subdivisions of land, respectively,
and
(b) that there is substantial evidence to support, and
the weight of said evidence preponderates in favor of, the
aforesaid finding and determination as to special benefits.
6. Reassessment Levied;. The reassessment, including all
costs and expenses thereof, is hereby levied upon the subdivisions
of land within the Assessment District.
7. Recordinss Directed. The City Clerk shall forthwith
cause:
(a) the reassessment to be delivered to the official of
the City who is the Superintendent of Streets of the City,
together with said reassessment diagram, as approved and
confirmed by this Council, with a certificate of such
confirmation and of the date thereof, executed by the Clerk,
attached thereto. The Superintendent of Streets, upon the
running of the limitations period specified in Section 9707 of
the Act, shall record said reassessment and reassessment
diagram in a suitable book to be kept for that purpose, and
append thereto a certificate of the date of such recording,
l and such recordation shall be and constitute the reassessment
roll herein;
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(b) a copy of said reassessment diagram and a notice of
reassessment, executed by the Clerk, to be filed and recorded,
respectively, upon the running of the limitations period
specified in Section 9707 of the Act, in the office of the
County Recorder of the County of San Diego, such notice to be
in substantially the form provided in Section 3114 of the
Streets and Highways Code of California; and
(c) a copy of this resolution to be provided to the
Auditor of the County of San Diego.
From the date of recording of the notice of reassessment, all
persons shall be deemed to have notice of the contents of such
reassessment, and each of such reassessments shall thereupon be a
lien upon the property against which it is made, and unless sooner
discharged such liens shall so continue for the period of ten (10)
years from the date of said recordation, or in the event bonds are
issued to represent the reassessments, then such liens shall
continue until the expiration of four (4) years after the due date
of the last installment upon said bonds or of the last installment
of principal of said bonds.
The appropriate officer or officers of the City are hereby
authorized to pay any and all fees required by law in connectior
with the above.
8. Effective Date. This resolution shall take effect fron
and after the date of its adoption.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad, held on the 18th day of November,
1997, by the following vote:
AYES: Council' Members Lewis, Finnila, Nygaard, Kulchin, and Hall
NOES: None
ABSENT : None
ATTEST:
" 00" t - 2- /c?
ALETHA L. RhTENKRANZ, City Clekk
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