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HomeMy WebLinkAboutReso 1995-17911 RESOLUTION NO. 17911 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING REASSESSMENT REPORT, CONFIRMING AND ORDERING THE REASSESSMENT PURSUANT TO SUMMARY PROCEEDINGS AND DIRECTING ACTIONS WITH RESPECT THERETO CITY OF CHULA VISTA Reassessment District of 1995 WHEREAS, on April 4, 1995, this City Council adopted the Resolution of Intention to Levy Reassessments and to Issue Refunding Bonds Upon the Security Thereof (the "Resolution of Intention"), in and for the City's Reassessment District of 1995 (the "District"), 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 Bends, Division 11.5 of the Streets and Highways Code of California (the "Act"); WHEREAS, the Report was duly made and filed, and duly considered by this City Council and found to 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, BE IT RESOLVED by the City Council of the City of Chula Vista as follows: 1. Conditions Satisfied. Pursuant to Section 9525 of the Act, and based upon the Report this City Council finds that all of the following conditions are satisfied that: {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 District; (b) The number of years to maturity of all refunding bonds proposed to be issued under the Resolution of Intention is not more than the number of years to the last maturity of the bonds proposed to be 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 District. 2. Public Interest. The public interest, convenience and necessity require that said reassessment be made. 3. Boundaries A~l~roved. The District benefited by the reassessment and to be reassessed to pay the costs and expenses thereof, and the exterior boundaries thereof, are as shown by the reassessment diagram thereof on file in the office of the City Clerk, which diagram is made a part hereof by reference thereto. I 1IF Resolution No. 17911 Page 2 4. Report AD0roved. Pursuant to the findings hereinabove expressed with respect to Section 9525 of the Act, said conditions, and all of them are deemed satisfied and that the following elements of the Report are hereby finally approved and confirmed without further proceedings, including the conduct of a public hearing under the Act; to wit: (a) a schedule setting forth the unpaid principal and interest on the Prior Bonds proposed to be refunded and the total amounts thereof; (b) an estimate of the total principal amount of the reassessment and of the refunding bonds and the maximum 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 all unpaid original assessments and the total amounts thereof; (d) the estimated amount of each reassessment, identified by reassessment number corresponding to the reassessment number of the 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 District and the boundaries and dimensions of the subdivisions of land and the zones therein. Final adoption and approval of the Report as a whole, 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 City Council. 5. Pindinqs and Determinations. Based on the oral and documentary evidence, including the Report, offered and received by the City Council, this City Council expressly finds and determines: (a) that each of said several subdivisions of land within the District will be specially benefited by said reassessment at least in the amount, if not more than the amount, of the reassessment apportioned against said 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 Levy. Said reassessment, including all costs and expenses thereof, is Resolution No. 17911 Page 3 hereby levied, Pursuant to the provisions of the Act, reference is hereby made to said Resolution of Intention for further particulars. 7. Recording Directed. The City Clerk shall forthwith cause: (a) the reassessment to be delivered to the Street Superintendent for the City, together with said reassessment diagram, as approved and confirmed by this City Council, with a certificate of such confirmation and of the date thereof, executed by the Clerk, attached thereto. The Street Superintendent 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, and such recordation shall be and constitute the reassessment roll therein; (b) a copy of the reassessment diagram and a notice of assessment, substantially in the form specified in Section 3114 of the Streets and Highways Code of California and executed by the Clerk, to be filed and recorded, respectively, in the office of the County Recorder of the County of San Diego; 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 said 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 said 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 of officers of the city are hereby authorized to pay any and all fees required by law in connection with the above. 8. Effective Date. This resolution shall take effect upon the date of its adoption. Presented by Ap/ t f, rm ce M. Boogaard R Director of Finance City Attorney Resolution No. 17911 Page 4 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 23rd day of May, 1995, by the following vote: YES: Councilmembers: Alevy, Moot, Rindone, Horton NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: Padilia Shirley Horton, Mayor ATTEST: Vicki C. Soderquist, DepG{~City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Vicki C. Soderquist, Deputy City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 1791 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 23rd day of May, 1995. Executed this 23rd day of May, 1995. Vicki C. Soderquist, DepUty City Clerk