RES-8568 Confirmation of Assessment for Special Assessment District No. 95-1RESOLUTION NO. 8568
A RESOLUTION OF THE CITY OF THE CITY OF ORANGE
CONFIRMING THE ASSESSMENT, ORDERING THE
IMPROVEMENTS MADE, TOGETHER WITH
APPURTENANCES, AND APPROVING THE ENGINEER'S
REPORT"
AD 95-
1 WHEREAS, the CITY COUNCIL of the CITY OF ORANGE,
CALIFORNIA,has previously adopted its Resolution of Intention and initiated proceedings for
the installation 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 Califomia, said
special assessment district known and designated as ASSESSMENT DISTRICT NO.
95-1 SYCAMORE CROSSING) (hereinafter referred to as the "Assessment
District"); and,WHEREAS, pursuant to said Resolution of Intention, a "Report",
as therein provided, was presented, considered and
approved; and,WHEREAS, said "Report", as preliminarily approved, contained
all the matters and items called for by law and as pursuant to the provisions of
said "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;5. A description of the works of
improvement; and,WHEREAS, notices of said hearing were regularly mailed in the
time, form and manner required by law and as evidenced by affidavits on filel with the
transcript of these proceedings, and at this time all protests have been heard and considered,
and a full hearing has been given, all in the manner provided by
law; and,WHEREAS, at this time it Is determined that the owners of one-half (
1/2) of the area assessed for the cost of the project did not file written
protests against the
proposed project; and,WHEREAS, this legislative body is now satisfied with
the assessment and all matters contained in the "Report" as now
updated and submitted.NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of
RECITALS
Section I.
That the above recitals are all true and correct.
PROTESTS
Section II.
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 of the area of property to
be assessed for said improvements within said Assessment
District.BENEFITS
RECEIVED Section
III.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 Section
IV.That the public interest and convenience require the
proposed improvements to be made, and therefore it is hereby ordered that the work be done
and improvements 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
approved.ENGINEER'S "
REPORT"Section
V.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
CONFIRMATION OF ASSESSMENT
Section VI.
That the assessments, as now filed in the Engineers "Report" and diagram
for the improvements, together with appurtenances and appurtenant work in connection
therewith, including acquisition where appropriate, are hereby confirmed.
The assessments contained in the final Engineers "Report" are hereby
levied and approved as follows:
A. The final assessments to represent the costs and expenses to finance
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".
RECORDATION OF ASSESSMENT
Section VII.
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 VIII.
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 IX.
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 X.
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.
ASSESSMENT COLLECTION
Section XI.
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
Califomia, 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 altemate, 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.Section
XII.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
XIII.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
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 Califomia.
ASSESSMENT DISTRICT FUNDS
Section XIV.
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 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.
ADOPTED this 9th day of January 1996.
ATTEST:
Ad4.uA!a &(7P7f;r0~
Cassandra J. Ca cart, City Clerk of the City of Orange
I hereby certify that the foregoing Resolution was duly and regularly adopted
by the City Council of the City of Orange at a regular meeting thereof held on the 9th day
of January, 1996, by the following vote:
ity of Orange
AYES: COUNCIU,1EMBERS: MURPHY, BARRERA, MAYOR COONTZ,SPURGEON,SLATER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
L1
heart, City Clerk of the City of Orange