RES-7855 Confirming the Assessment related to Special Assessment District No. 91-1RESOLUTION NO. 7855
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ORANGE CONFIRMING THE A!!SESSMENT, ORDERING THE
IMPROVEMENTS MADE, TOGETHER WITH APPURTENANCES,
AND APPROVING THE ENGINEER'S "REPORT"
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 ,\cquisition 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. 91-
1 CUMBERLAND ROAD) (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 Streets and Highways
Code,the "special Assessment, Limitation and Majority Protest Act of 1931",
a combined "Report" (hereinafter referred to as the "Report"), as
autho-rized, 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" and section 2961 of said
Streets and Highways Code of the State of California, 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;6. Valuation information;
and,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 (1/2) 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 legisla-tive 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
NOW, THEREFORE, BE IT RESOLVED by the city Council of the city of
Orange as follows:
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
bounda-ries 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 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.CONFIRMATION OF
ASSESSMENT Section
V:That the "Report", as now updated and submitted, consisting of
the assessment and diagram for the improvements, together with
appurtenances and appurtenant work in connection therewith, including acquisition
where appropriate, is hereby
confirmed.A. The assessments contained in the final Engineer's "Report"
are hereby levied and approved as
follows:Reso No. 7855
Section XII.
In .ccord.nce with the provisions of section 8685 of the Street. .nd
Highw.ys COde, if .ny lot or p.rc.l o! l.nd .ffected by .ny .sses.ment i.
not .ep.r.tely ......ed on the. tax roll .0 th.t the in.t.llment of the
a.....ment to be coll.cted c.n b. conveni.ntly .nt.r.d th.r.on, th.n the
Auditor .h.ll enter on the roll . de.cription of the lot or parc.l
ffected, with the name of the owners, if known, but otherwi.. the own.r.
m.y be de.cribed .. "unknown own.rs", and extend the proper in.t.llment
opposite the same.
ASSESSMENT VERIFICATION STATEMENT
Section XIII.
The County Auditor .h.ll, within 90 d.ys .fter .ny .peci.l .....s-
ment inst.llment becomes delinquent, render .nd submit . det.iled r.port
howing the amount. of the inst.llments, interest, pen.lties .nd percent-
ages .0 cOll.cted, for the preceding term .nd in.t.llment d.te, .nd from
wh.t property collected, .nd further identify .ny properties which .re
delinquent and the amount and length of time for s.id delinquency, .nd
further .et forth . .t.tement of percentages retain.d for the expen.es of
m.king .uch coll.ctions. This request i. .pecifically made to the autho-
rization of Section 8683 of the Street. and Highways Code of the St.te of
California.
ASSESSMENT DISTRICT FUNDS
Section XIV.
That the Treasurer is hereby .uthorized .t this time, if not
previously done, to .stablish the following funds .s neces..ry for the
payment of costs .nd .xpen.es.nd .dministr.tion of the proceedings for
this Assessment District.
A. IMPROVEMENT FUND. All monies rec.ived from c.sh coll.ction,
proceeds from the s.le of bonds .nd .pplic.ble contributions .h.ll be
pl.ced into the Improvement Fund.
B. REDEMPTION FUND. All monies received from the payment of ..sess-
ments .h.ll be pl.ced in the Redemption Fund.
For p.rticul.rs .s to the .dmini.tration and handling of the Funds,
the specific terms .nd conditions shall be set forth in the Bond Inden-
ture .nd .pproved through the Resolution Authorizing the Issuance of
Bonds.
ADOPTED this 9th d.y of 1991.
AT
5-
I
I hereby certify that the' foregoing Re8olution was duly and
regularly adopted by the City COunci~ of the City of Orange at a regular
meeting thereof held on the 9th day of JulY . 1991, by
the folloWing vote.
AYES:COUNCILMEMBERS: BARRERA, MAYOR BEYER, COONTZ, SPURGEON
NOES:COUNCILMEMBERS: NONE
ABSENT:COUNCILMAN: STEINER
RESO No. 7855 6-
B. The final assessments to represent the costs and expenses to
finance the public works of improvement, as authorized for these
proceedings.
C. 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 convelnent.
ASSESSMENT VALUATION
section VI:
That this legislative body hereby finds and determines that the
total amount of the principal sum of all unpaid special assessments
proposed to be levied, as well as any outstanding special assessments,
does not exceed 1/2 the total true value of the parcels proposed to be
assessed under these proceedings, and this finding shall be final and
conclusive.
This legislative body further finds that the project is feasible and
that the lands to be assessed will be able to carry the burden of the
proposed assessment, and it is hereby further determined, if and as
applicable, that the limitations of the amounts of assessments provided
for in Division 4 of the Streets and Highways Code of the State of
California be disregarded both with respect to the limitation on the
Assessment District as a whole, and as to the limitation on individual
specific assessments, as applicable,.
RECORDATION OF ASSESSMENT
Section VII:
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 attach
thereto his certificate of the date of such recording.
COUNTY RECORDER NOTICE
Section VIII:
Upon confirmation of the assessments and recordation of the assess-
ment 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.
Rese No. 7855 3-
MAILED NOTICE
Section IX.
That said City Clerk, upon the recording of said diagram and assess-
ment, shall mail to each owner of real property within the Assessment
District at his last known address, as the same appears on the tax rolls
of the County or on file in the Office of the City Clerk, or to both
addresses if said address is not the same, or to General Delivery when no
address so appears, a statement containing a designation by street number
or other description of the property assessed sufficient to enable the
owner to identify the same, the amount of the assessment, the time and
place of payment thereof, the effect of failure to pay within such time,
and a statement of the fact that bonds will be issued on unpaid assess-
ments pursuant to the "Improvement Bond Act of 1915".
PUBLICATION
Section X.
That said City Clerk shall also give notice by publishing a copy of
a notice of recording of assessment in the newspaper previously selected
to publish all notices as provided by law, giving notice that said assess-
ment has been recorded in the Office of the Superintendent of Streets,
and that all sums assessed thereon are due and payable immediately, and
that the payment of said sums is to be made within thirty (3D) days after
the date of recording the assessment, which date shall be so stated in
said notice, and of the fact that securities will be issued upon unpaid
assessments.
ASSESSMENT COLLECTION
Section XI.
The County Auditor is hereby apthorized 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 assess-
ment 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
obliga-tions 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.Reso No. 7855
4-