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HomeMy WebLinkAboutReso 1995-17877 RESOLUTION NO. 17877 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONFIRMING THE ASSESSMENT, ORDERING THE IMPROVEMENTS MADE, TOGETHER WITH APPURTENANCES, AND APPROVING THE ENGINEER'S "REPORT" IN ASSESSMENT DISTRICT NO. 94-1 (EASTLAKE GREENS II) WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, 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, including acquisition where appropriate, 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, said special assessment district known and designated as ASSESSMENT DISTRICT NO. 94-1 (EASTLAKE GREENS II) (hereinafter referred to as the "Assessment District"); and, WHEREAS, pursuant to the provisions of said "Municipal Improvement Act of 1913" and Part 7.5 of Division 4 of the States and Highways Code, a "Report" (hereinafter referred to as the "Report"), as authorized, has been provided, presented, considered and approved by this legislative body; and, WHEREAS, said "Report", as preliminarily approved, contained all the matters and items called for by law and as pursuant to the provisions of the "Municipal Improvement Act of 1913" including the following: 1. Plans and specifications of the proposed improvements; 2. Estimate of cost; 3. Diagram of Assessment District; 4. An assessment according to benefits; and, 5. A description of the works of improvement. WHEREAS, all protests have been heard and considered, and a full hearing has been given, all in the manner provided by law; and, WHEREAS, notices of said hearing were duly and regularly posted, mailed and published in the time, form and manner required by law and as evidenced by affidavits on file with the transcript of these proceedings; and, WHEREAS, the owners of one-half ( ¼ ) of the area assessed for the cost of the project did not file written protests against the said proposed improvements and acquisition where appropriate, and this legislative body did, after providing a full hearing, overrule and deny all protests and objections; and, WHEREAS, this legislative body is now satisfied with the assessment and all matters contained in the "Report" as now updated and submitted; and, WHEREAS, the City and EastLake Development Corporation did previously enter into an Acquisition/Financing Agreement dated as of May 10, 1994 (the Acquisition/Financing Resolution No. 17877 Page 2 Agreement") to establish the terms and conditions pursuant to which the works of improvement are to be acquired by the City; and, WHEREAS, there has been presented to this legislative body for its consideration the form of a proposed amendment to the Acquisition/Financing Agreement. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: RECITALS 1. That the above recitals are all true and correct. PROTESTS 2. That all protests and objections of every kind and nature be, and the same hereby are, overruled and denied, and it is further determined that said protests and objections are made by the owners of less than one-half (¼) of the area of property to be assessed for said improvements within said Assessment District. BENEFITS RECEIVED 3. That it is hereby determined that all properties within the boundaries of the Assessment District receive a local and direct benefit from the works of improvement as proposed for said Assessment District, and it is hereby further determined and declared that all assessable costs and expenses have been apportioned and spread over the properties within the boundaries of the Assessment District in direct proportion to the benefits received thereby. PUBLIC INTEREST AND CONVENIENCE 4. That the public interest and convenience require the proposed improvements to be acquired, and therefore it is hereby ordered that the work to be done and improvements to be made, together with appurtenances and appurtenant work in connection therewith, including acquisition where appropriate, in said Assessment District, as set forth in the Resolution of Intention previously adopted and as set forth in the "Report" presented and considered, and as now submitted. ENGINEER'S "REPORT" 5. That the "Report" of the Engineer, as now submitted, updated and amended as appropriate, is hereby approved and said "Report" shall stand as the "Report" for all future proceedings for this Assessment District. CONFIRMATION OF ASSESSMENT 6. That the assessments, as now filed in the Engineer's "Report", and diagram for the improvements, together with appurtenances and appurtenant work in connection Resolution No. 17877 Page 3 therewith, including acquisition where appropriate, are hereby confirmed. The assessments contained in the final Engineer's "Report" are hereby levied and approved as follows: A. The final assessments to represent the costs and expenses to finance the acquisition of the public 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 said "Report". The confirmed annual administrative assessment may be collected in the same manner and in the same installments as the confirmed assessments for the facilities, and may be combined with those assessments for collection as convenient. RECORDATION OF ASSESSMENT 7. That the City Clerk shall forthwith deliver to the Superintendent of Streets the said 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 attached thereto his certificate of the date of such recording. COUNTY RECORDER NOTICE 8. Upon confirmation of the assessments and recordation of the assessment 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. MAILED NOTICE 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 1915". PUBLICATION 10. That 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 Resolution No. 17877 Page 4 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. No publication shall be required if all (100%) of the assessed property owners have timely filed a properly waiver of the cash collection period. ASSESSMENT COLLECTION 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 unit all assessment obligations have been discharged and the bonds terminated. As an alternate, and when determined to be in the best interest 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. 12. 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 13. 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 to the authorization of Section 8683 of the Streets and Highways Code of the State of California. Resolution No. 17877 Page 5 ASSESSMENT DISTRICT FUNDS 14. That the Treasurer 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 collection, proceeds from the sale of bonds and applicable contributions shall be placed into the Improvement Fund. 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 the Bond Indenture and approved through the Resolution Authorizing the Issuance of Bonds. AMENDMENT TO ACQUISITION AGREEMENT /.., 15. That the form of the Amendment to the Acquisition/Financing Agreement, herewith submitted, is hereby approved substantially in the form submitted. The Mayor is hereby authorized to execute the final form of such amendment on behalf of the City. The City Manager, subject to the review of the City Attorney and Bond Counsel, is authorized to approve changes is such amendment deemed to be in the best interests of the City, approval of any such changes to be evidenced by the execution of such amendment. A copy of the final form of such amendment shall be kept on file in the office of the City Clerk and remain available for public inspection. Presented by Approved as to form by! ce M. Boogaard Director of Public Works City Attorney Resolution No. 17877 Page 6 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 25th day of April, 1995, by the following vote: YES: Councilmembers: Moot, Padilla, Rindone, Horton NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None ~../f'L ,','~-. ~% 'd ~(_,~ Shirle,y/Horton, Mayor ATTEST: BeVerly ~.Aut e et, City C erk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. 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. 17877 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 25th day of April, 1995. Executed this 25th day of April, 1995. Beverly A.~uthelet, City Clerk I11F