HomeMy WebLinkAbout1998-09-01; City Council; Resolution 98-2901
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RESOLUTION NO. 98-290
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, DECLARING THE RESULTS OF THE ASSESSMENT
BALLOT TABULATION, CONFIRMING THE ASSESSMENT,
ORDERING THE ACQUISITION OF IMPROVEMENTS, TOGETHER
WITH APPURTENANCES, AND APPROVING THE ASSESSMENT
ENGINEER’S REPORT IN ASSESSMENT DISTRICT NO. 96-1 (RANCHO
CARRILLO)
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD (the “City”),
CALIFORNIA, has previously adopted its Resolution of Intention and initiated proceedings for
the acquisition of certain public works of improvement, together with appurtenances and
appurtenant work, in a special assessment district pursuant to the terms and provisions of the
“Municipal Improvement Act of 1913”, being Division 12 of the Streets and Highways Code of
the State of California (the “Improvement Act”), said special assessment district known and
designated as ASSESSMENT DISTRICT NO. 96-1 (RANCHO CARRILLO) (hereinafter
referred to as the “Assessment District”); and,
WHEREAS, pursuant to said Resolution of Intention, a report of the Assessment
Engineer (the “Assessment Engineer’s Report”), as therein ordered and as required by the
Improvement Act, Article XIIID of the Constitution of the State of California (“Article XIIID”)
and the Proposition 218 Implementation Act (Government Code Section 53750 and following)
(the Improvement Act, Article XIIID and the Implementation Act are referred to herein
collectively as the “Assessment Law”), was presented, considered and approved; and,
WKEREAS, the Assessment Engineer’s Report, as preliminarily approved, was
prepared and contained all the matters and items called for pursuant to the provisions of the
Assessment Law, including the following:
A. The plans and specifications for the improvements proposed to be acquired;
B. The Assessment Engineer’s estimate of the itemized and total costs and
expenses of the acquisition of the improvements and of the incidental expenses
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C. The diagram showing the Assessment District, and also the boundaries and
dimensions of the respective subdivisions of land within said Assessment
District, each of which subdivisions have been given a separate number upon
said diagram;
D. The proposed assessment upon the several subdivisions of land in the
Assessment District, in proportion to the estimated special benefits to be
received by such subdivisions, respectively, from the improvements to be
acquired, and of the incidental expenses thereof;
E. The description of the improvements to be acquired; and,
WHEREAS, notices of said hearing accompanied by assessment ballot materials were
regularly mailed in the time, form and manner required by the Assessment Law and as
evidenced by a certificate on file with the transcript of these proceedings, a full hearing has
been given and, at this time, all assessment ballots submitted pursuant to the Assessment Law
have been tabulated, all in the manner provided by the Assessment Law; and,
WHEREAS, at this time this City Council determines that the assessment ballots
received by the District in favor of the proposed assessment and weighted as required by the
Assessment Law exceeded the assessment ballots received in opposition to the assessment and
similarly weighted and, therefore, a majority protest pursuant to the Assessment Law does not
exist; and
WHEREAS, this legislative body is now satisfied with the assessment and all matters
contained in the Assessment Engineer's Report as now updated and submitted.
NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERTWINED AND
ORDERED AS FOLLOWS:
Section 1. The above recitals are all true and correct.
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ASSESSMENT BALLOT TABULATION
Section 2. The assessment ballots submitted pursuant to the Assessment Law in
favor of the assessment and weighted as required by the Assessment Law exceed the
assessment ballots submitted in opposition to the assessment and similarly weighted and it is
therefore determined that a majority protest pursuant to Assessment Law does not exist.
SPECIAL BENEFITS RECEIVED
Section 3. Based upon the Assessment Engineer’s Report and the testimony and
other evidence received at the public hearing, it is hereby determined that:
A. All properties within the boundaries of the Assessment District receive
a special benefit from the works of improvement as proposed to be
acquired for said Assessment District;
B. The proportionate special benefit derived by each parcel proposed to
be assessed has been determined in relationship to the entirety of the
cost of the acquisition of the works of improvement;
C. No assessment is proposed to be imposed on any parcel which exceeds
the reasonable cost of the proportional special benefit to be conferred
on such parcel;
D. Only special benefits have been assessed; and
E. Parcels within the Assessment District which are owned or used by any
agency as such term is defined in Article XIIID, the State of California
or the United States of America have not been exempted from
assessment.
PUBLIC INTEREST AND CONVENIENCE
Section 4. The public interest and convenience require the acquisition of the
improvements, and therefore it is hereby ordered that the improvements be acquired, together
with appurtenances and appurtenant work in connection therewith, in said Assessment District,
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as set forth in the Resolution of Intention previously adopted and as set forth in the Assessment
Engineer's Report presented and considered, and as now approved.
ASSESSMENT ENGINEERS REPORT
Section 5. The Assessment Engineer's Report, as now submitted, updated and
amended as appropriate, is hereby approved and said Report shall stand as the report as
required by the Assessment Law for all future proceedings for this Assessment District.
CONFIRMATION OF ASSESSMENT
Section 6. The assessments, as now filed in the Assessment Engineer's Report and
diagram for the improvements to be acquired, together with appurtenances and appurtenant
work in connection therewith, are hereby confirmed.
The assessments contained in the Assessment Engineer's Report are hereby levied and
approved as follows:
A. The final assessments to represent the costs and expenses to finance acquisition
of the works of improvement, as authorized for these proceedings.
B. The annual assessment to pay for administrative costs in an amount not to
exceed the maximum annual assessment as set forth in the Assessment
Engineer's Report.
RECORDATION OF ASSESSMENT
Section 7. The City Clerk shall forthwith deliver to the Superintendent of Streets
the assessment, together with the diagram attached thereto and made a part thereof, as
confirmed, with his certificate of such confirmation attached and the date thereoc and that said
Superintendent of Streets shall then immediately record said diagram and assessment in his
Office in a suitable book to be kept for that purpose and attach thereto his certificate of the date
of such recording.
COUNTY RECORDER NOTICE
Section 8. Upon confirmation of the assessments and recordation of the
assessment roll and diagram, a certified copy of the assessment diagram shall be immediately
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filed in the Office of the County Recorder. Immediately thereafter, a copy of the notice of
assessment shall be recorded in the Office of the County Recorder in the manner and form as
set forth by law and specifically Section 3 1 14 of the Streets and Highways Code of the State of
California.
MAILED NOTICE
Section 9. That upon recordation of the diagram and assessment, a notice shall be
mailed to each owner of real property within the Assessment District at his last known address,
as said address appears on the last equalized tax rolls of the County, said notice to set forth a
statement containing a designation of the property assessed, as well as the amount of the final
confirmed assessment, and further indicating that bonds will be issued pursuant to the
"Improvement Bond Act of 19 15".
PUBLICATION
Section 10. Notice shall also be given by publication in the designated legal
newspaper, said notice setting forth the amount of the final assessment and indicating that said
assessment is now due and payable, and further indicating that if said assessment is not paid
within the allowed thirty (30) day cash collection period, bonds shall be issued as authorized by
law.
ASSESSMENT COLLECTION
Section 11. The County Auditor is hereby authorized and directed, in accordance
with the provisions of Section 8682 of the Streets and Highways Code of the State of
California, to enter into his assessment roll on which property taxes will next become due,
opposite each lot or parcel of land affected, in a space marked "public improvement
assessment" or by other suitable designation, the next and several installments of such
assessment coming due during the ensuing fiscal year covered by the assessment roll and that
said entry then shall be made each year during the life of the bonds for the proceedings for the
above-referenced Assessment District. This authorization is continual until all assessment
obligations have been discharged and the bonds terminated.
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As an alternate, and when determined to be in the best interests for bondholders of the
Assessment District, this legislative body may, by Resolution, designate an official other than
the County Tax Collector or other agent to collect and maintain records of the collection of the
assessments, including a procedure other than the normal property tax collection procedure.
In accordance with the provisions of Section 8685 of the Streets and Highways Code, if
any lot or parcel of land affected by any assessment is not separately assessed on the tax roll so
that the installment of the assessment to be collected can be conveniently entered thereon, then
the Auditor shall enter on the roll a description of the lot or parcel affected, with the name of
the owners, if known, but otherwise the owners may be described as "unknown owners", and
extend the proper installment opposite the same.
ASSESSMENT VERIFICATION STATEMENT
Section 12. The County Auditor shall, within 90 days after any special assessment
installment becomes delinquent, render and submit a detailed report showing the amounts of
the installments, interest, penalties and percentages so collected, for the preceding term and
installment date, and from what property collected, and further identify any properties which
are delinquent and the amount and length of time for said delinquency, and further set forth a
statement of percentages retained for the expenses of making such collections. This request is
specifically made pursuant to the authorization of Section 8683 of the Streets and Highways
Code of the State of California.
ASSESSMENT DISTRICT FUNDS
Section 13. The Finance Director is hereby authorized at this time, if not
previously done, to establish the following funds as necessary for the payment of costs and
expenses and administration of the proceedings for this Assessment District:
A. IMPROVEMENT FUND: All monies received from cash collections, proceeds
from the sale of bonds and applicable contributions shall be placed into the
Improvement Fund.
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B. RESERVE FUND: All monies as designated to assist in the payment of
delinquencies shall be placed into the Reserve Fund.
C. REDEMPTION FUND: All monies received from the payment of assessments
shall be placed in the Redemption Fund.
For particulars as to the administration and handling of the Funds, the specific terms
and conditions shall be set forth in a Bond Indenture to be approved by the subsequent adoption
of a Resolution Authorizing the Issuance of Bonds.
APPROVED and ADOPTED this ISt day ofSeptember, 1998.
ATTEST:
erk
KAREN R. KUNDTZ, Assistant City Clerk v
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