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HomeMy WebLinkAbout2013-01-08; City Council; Resolution 2013-023Exhibit 2 RESOLUTION NO. 2013-023 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE 3 CITY OF CARLSBAD, CALIFORNIA, ADOPTING THE 4 REASSESSMENT REPORT, CONFIRMING AND 5 ORDERING THE REASSESSMENT BY SUMMARY 6 PROCEEDINGS, AND AUTHORIZING AND 7 DIRECTING RELATED ACTIONS 8 9 10 11 WHEREAS, the City Council (the "City Council") of the City of Cartsbad (the 12 "City") has previously formed its Assessment Distnct No. 2002-01 (Poinsettia Lane 13 East) ("Assessment Distnct No. 2002-01") and Benefit Area No. 1 of Assessment 14 Distnct No. 2003-01 (College Boulevard and Cannon Road East) (Calavera Hills II) 15 ("Benefit Area No. 1" and, together with Assessment Distnct No. 2002-01, the 16 "Assessment Distncts", each an "Assessment Distnct"), and confirmed assessments on 17 the vanous parcels located therein to pay the costs of certain improvements of special 18 local benefit to said parcels (the "Assessments", each an "Assessment"), all pursuant to 19 the Municipal Improvement Act of 1913 (Division 12 of the Streets and Highways Code 20 of California; and 21 WHEREAS, the City Council has previously caused bonds to be issued on behalf 22 of the Assessment Distncts (the "Prior Bonds") pursuant to the provisions of the 23 Improvement Bond Act of 1915 (Division 10 of the Streets and Highways Code of 24 California) (the "1915 Act") in order, among other things, to finance the costs of the 25 aforesaid improvements; and 26 WHEREAS, the Pnor Bonds are secured by the unpaid Assessments; and 27 WHEREAS, the City Council has previously adopted its "Resolution of the 28 Council of the City of Cartsbad Declanng its Intention to Levy Reassessments and to 29 Issue Refunding Bonds" (the "Resolution of Intention") In and for the "City of Cartsbad Exhibit 2 1 Reassessment Distnct No. 2012-1" (the "Reassessment District") in which it determined 2 that, in order to benefit taxpayers within the Assessment Districts, which are 3 encompassed by the Reassessment District, by reducing the amount of the installments 4 of the Assessments being levied each year on the parcels within the Assessment 5 Districts, the public interest and necessity required that the outstanding Prior Bonds be 6 refunded, and in which the City Council declared its intention to accomplish the 7 refunding through the levy of reassessments and the issuance of refunding bonds upon 8 the security thereof, all under and pursuant to the Refunding Act of 1984 for 1915 9 Improvement Act Bonds (Division 11.5, commencing with Section 9500, of the Streets 10 and Highways Code of California) (the "Act"); and 11 WHEREAS, among other things, in the Resolution of Intention, the City Council 12 directed the making and filing of a reassessment report (the "Report") in writing, all in 13 accordance with and pursuant to the Act; and 14 WHEREAS, the Report was duly made and filed with the City Clerk and has 15 been duly considered by the City Council and found to be sufficient in every particular; 16 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of 17 Carlsbad as follows: 18 1. The above recitals, and each of them, are true and correct. 19 2. Pursuant to Section 9525 of the Act, and based upon the Report, the City 20 Council finds that all of the following conditions are satisfied: 21 (a) Each estimated annual installment of principal and interest on the 22 reassessment for properties within the Assessment Districts as set forth in the Report is 23 less than the corresponding annual installment of principal and interest on the portion of 24 the original Assessment being superseded and supplanted as also set forth in the W Exhibit 2 1 Report, by the same percentage for all subdivisions of land within the applicable 2 Assessment District; 3 (b) The number of years to maturity of all refunding bonds proposed to 4 be issued is no more than the number of years to the last maturity of the Prior Bonds; 5 and 6 (c) The principal amount of the reassessment on each subdivision of 7 land within an Assessment District is less than the unpaid principal amount of the portion 8 of the original Assessment being superseded and supplanted by the same percentage 9 for each subdivision of land in such Assessment District. (For the purpose hereof, the 10 term "unpaid" shall not include installments which are posted to the tax roll for fiscal year 11 2012-13.); 12 3. The public interest, convenience and necessity require that the 13 reassessment be made as described in the Report. 14 4. Based upon the findings set forth above, and pursuant to and in 15 accordance with Section 9525 of the Act, the Report and each element thereof is 16 approved and confirmed without further proceedings, including the conduct of a public 17 hearing under the Act. 18 5. The reassessment, including all costs and expenses thereof, is hereby 19 approved, confirmed and levied, provided that the City Treasurer is hereby authorized 20 and directed to take certain actions with respect thereto as set forth in Section 8. 21 6. The City Clerk and other appropriate officer or officers of the City are 22 hereby authorized and directed to carry out the following, including the payment of any 23 and all fees required by law in connection therewith: Exhibit 2 1 (a) Deliver the reassessment to the official of the City who is its 2 Superintendent of Streets, together with the reassessment diagram, as approved and 3 confirmed hereby, with a certificate of such confirmation and of the date hereof, 4 executed by the City Clerk, attached thereto, whereupon the Superintendent of Streets 5 shall record each of the reassessments and the reassessment diagram in a suitable 6 book to be kept for that purpose and append thereto a certificate of the date of such 7 recording, and such recordation shall be and constitute the applicable reassessment roll. 8 (b) File and record, respectively, the reassessment diagram and a 9 notice of reassessment in substantially the form specified by Section 3114 of the Streets 10 and Highways Code of California and executed by the City Clerk in the office of the 11 County Recorder of the County of San Diego (the "County"). 12 (c) Provide a copy of this resolution to the Auditor of the County at the 13 time of the delivery of the debt service records for the refunding bonds secured by the 14 reassessments. 15 7. The City Treasurer shall keep the record showing the several installments 16 of principal and interest on the reassessments which are to be collected each fiscal year 17 during the term of the refunding bonds. An annual apportionment of each 18 reassessment, together with annual interest on said reassessment, shall be payable in 19 the same manner and at the same time and in the same installments as the general 20 fund ad valorem property taxes and shall be payable and become delinquent at the 21 same time and in the same proportionate amount; provided that any reassessments on 22 possessory interests shall be collected on the unsecured tax roll and shall be payable 23 and become delinquent at the same time as other taxes levied on said unsecured roll. 24 Each year the annual installments shall be submitted to the County Auditor for purposes Exhibit 2 1 of collection, and the County Auditor shall, at the close of the tax collecting period, 2 promptly render to the City Treasurer a detailed report showing the amount of such 3 installments, interest, penalties and percentages so collected 4 8. The City Treasurer is authorized and directed to: (a) revise the Report to 5 reduce the applicable reassessments, as confirmed pursuant hereto if and to the extent 6 necessary so that the aggregate amount thereof does not exceed the initial principal 7 amount of the refunding bonds, (b) amend the reassessment and reassessment 8 diagram to reflect such reductions, and (c) promptly record the reassessment, together 9 with the reassessment diagram, as so amended, in the office of the person acting as the 10 Superintendent of Streets of the City; and immediately thereafter, a copy of the 11 reassessment diagram, as so amended, shall be filed in the office of the County 12 Recorder and a Notice of Reassessment, referring to the reassessment diagram, shall 13 be recorded in the office of the County Recorder, all pursuant to the provisions of 14 Division 4.5 of the Streets and Highways Code of California. 15 // 16 // 17 // 18 // 19 // 20 // 21 // 22 // 23 // 24 // 25 // 26 // 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council of the City of Carisbad on the 8^^ day of January, 2013, by the following vote to wit: AYES: NOES: Council Members Hall, Packard, Wood, Blackburn and Douglas. None. ABSENT: None. MATT HALL, Mayor ATTEST: stant City Clerk (SEAL)