Loading...
HomeMy WebLinkAboutReso 1998-18893 RESOLUTION NO. 18893 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING THE RESULTS OF THE BALLOT TABULATION, CONFIRMING THE ASSESSMENT, ORDERING THE ACQUISITION OF IMPROVEMENTS, TOGETHER WITH APPURTENANCES, AND APPROVING THE ASSESSMENT ENGINEER'S REPORT IN ASSESSMENT DISTRICT NO. 97-2 (OTAY RANCH, VILLAGE ONE) WHEREAS, the City Council of the City of Chula Vista, 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. 97-2 (OTAY RANCH, VILLAGE ONE) (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 "Implementation Act") (the Improvement Act, Article XIIID and the Implementation Act are referred to herein collectively as the "Assessment Law"), was presented, considered and approved; and WHEREAS, the Assessment Engineer's Report, as approved, was prepared and contained all the matters and items called for pursuant to the provisions of the Assessment Law, including the following: 1. Plans and specifications of the improvements proposed to be acquired; 2. Estimate of cost of acquisition of the improvements proposed to be acquired; 3. Diagram of Assessment District identifying all parcels which will receive a special benefit conferred upon them from the acquisition of the improvements and upon which an assessment is proposed to be imposed; 4. An assessment proportionate to the special benefit to be conferred upon each parcel to be assessed; 5. A description of the works of improvement proposed 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 Assessment Law and as evidenced by a certificate on file with the transcript of these proceedings, and at this time all assessment ballots submitted pursuant to the Assessment Law have been tabulated, and a full hearing has been given, all in the manner provided by the Assessment Law; and Resolution 18893 Page 2 WHEREAS, at this time this City Council determines that the assessment ballots received by the City in favor of the proposed assessment and weighted as required by Assessment Law exceeded the assessment ballots received in opposition to the assessment and similarly weighted and, therefore, a majority protest pursuant to 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 BE IT RESOLVED as follows: RECITALS SECTION 1. The above recitals are all true and correct. ASSESSMENT BALLOT TABULATION PURSUANT TO THE ASSESSMENT LAW SECTION 2. The assessment ballots submitted pursuant to the Assessment Law in favor of the assessment and weighted as required by 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 the 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 entirely 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. A contribution shall be made by the owner of the property to be developed within the Assessment District equal to the special benefit to any parcels within the proposed Assessment District which are owned or used by any agency as such term is defined in the Assessment Law. Resolution 18893 Page 3 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, 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 ENGINEER'S 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 thereof; 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. Uponconfirmationoftheassessmentsandrecordationoftheassessment roll and diagram, a certified copy of the assessment diagram shall be immediately 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 3114 of the Streets and Highways Code of the State of California. Resolution 18893 Page 4 1'. MAILED NOTICE SECTION 9. 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 1915". 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 8582 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. 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 and/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 rand 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. r Resolution 18893 Page 5 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. Prepared by Approved as to form by Resolution 18893 Page 6 ,T' PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 10th day of February, 1998, by the following vote: AYES: Councilmembers: Moot, Padilia, Rindone, Salas and Horton NAYES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None ATTEST: Bev~erly A. A;Jthelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 18893 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 10th day of February, 1998. Executed this 10th day of February, 1998. ~Authelet, City Clerk