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HomeMy WebLinkAbout97-056 - ResolutionsRESOLUTION NO. 97-056 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, 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 WHEREAS, the CITY COUNCIL of the CITY OF RANCHO CUCAMONGA, 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. 93-1 (MASI PLAZA) (hereinafter referred to as the."Assessment District"); and, WHEREAS, pursuant to said Resolution of Intention, a report of the Assessment Engineer (the "Report"), as therein ordered and as required by the Improvement Act and Article XIIID of the Constitution of the State of California ("Article XIIID"), was presented, considered and approved; and, WHEREAS, the Report, as preliminadly approved, contained all the matters and items called for pursuant to the provisions of the Improvement Act and Article XIIID, 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 ballot materials were regularly mailed in the time, form and manner required by the Improvement Act and Article XIIID and as evidenced by a certificate on file with the transcript of these proceedings,.and at this time all written protests submitted in accordance with the Improvement Act have been heard and considered and all ballots submitted pursuant to Article XIIID have been tabulated, and a full hearing has been given, all in the manner provided by the Improvement ACt and Article XIIID; and, Resolution No. 97-056 Page 2 WHEREAS, at this time this City Council determines that: 1. the owners of one-half (1/2) of the area assessed for the cost of the project did not file wdtten protests pursuant to the Improvement Act against the said proposed project; and, 2. the ballots received by the City in favor of the proposed assessment and weighted as required by Article XlIID exceeded the ballots received in opposition to the assessment and similarly weighted and, therefore, a majority protest pursuant to Article XlIID 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, the City Council of the City of Rancho Cucamonga does hereby resolve as follows: RECITALS SECTION 1. The above recitals are all true and correct. WRITTEN PROTESTS PURSUANT TO THE IMPROVEMENT ACT SECTION 2. All protests and objections of every kind and nature submitted pursuant to the Improvement Act 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 of the area of property to be assessed for the acquisition of the improvements within said Assessment District. BALLOT TABULATION PURSUANT TO ARTICLE XlIID SECTION 3. The ballots submitted pursuant to Article XIIID in favor of the assessment and weighted as required by Article XIIID exceed the ballots submitted in opposition to the assessment and similarly weighted and it is therefore determined that a majority protest pursuant to Article XIIID does not exist. SPECIAL BENEFITS RECEIVED S!=CTION 4. Based upon the Assessment Engineer's Report and the testimony and other evidence received at the public hearing, it is hereby determined that: All properties within the boundaries of the Assessment Distdct receive a special benefit from the works of improvement as proposed to be acquired for said Assessment District; Resolution No. 97-056 Page 3 The proportionate special benefit dedved 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; 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; Only special benefits have been assessed; and There are no parcels within the proposed Assessment Distdct which are owned or used by any agency as such term in defined in Article XlIID, the State of California or the United States. PUBLIC INTER!=ST AND CONVENIENCE SECTION 5. 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 and presented and considered, and as now approved. ASSESSMENT ENGINEER'S REPORT SECTION 6. 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 Improvement Act and Article XIIID for all future proceedings for this Assessment District. CONFIRMATION OF ASSESSMENT SECTION 7. 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: The final assessments to represent the costs and expenses to finance acquisition of the works of improvement, as authorized for these proceedings. Resolution No. 97-056 Page 4 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 8. That 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 9. 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 SECTION 10. 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 SECTION !1. 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 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 executed waiver of the cash collection period. Resolution No. 97-056 Page 5 ASSESSMr=NT COLLECTION SECTION `12. 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 dudng 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 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 '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 as 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 '14. 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: Resolution No. 97-056 Page 6 IMPROVEMENT FUND: All monies received from cash collections, 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 a Bond Indenture to be approved by the subsequent adoption of a Resolution Authorizing the Issuance of Bonds. PASSED, APPROVED, AND ADOPTED this 17th day of April, 1997. AYES: NOES: ABSENT: Alexander, Biane, Curatalo, Gutierrez, Williams None None William J. Alexan~'~er, Mayor' ATTEST: I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, California, at a regular meeting of said City Council held on the 17th day of April, 1997. Executed this 21st day of April, 1997, at Rancho Cucamonga, California.