HomeMy WebLinkAbout2003 026 CC RESO2003 026 CC RESO (Ìì Š € RESOLUTION NO. 2003-026
A RESOLUTION OF THE CITY COUNCIL OF BALDWIN PARK,
CALIFORNIA ADOPTING ENGINEER'S REPORT, CONFIRMING
THE ASSESSMENT, ORDERING THE WORK AND
ACQUISITIONS AND DIRECTING ACTIONS WITH RESPECT
THERETO
California Avenue Assessment District No. 2002-1
WHEREAS, On September 4, 2002, this Council adopted Resolution No. 2002-081, A
Resolution of intention to make acquisitions and improvements the Resolution of Intention"),
and in it directed the Engineer of Work to make and file a report in writing in accordance with
and pursuant to the Municipal Improvement Act of 1913, Division 12 of the Streets and
Highways Code of California the Act");
WHEREAS, The report of the Engineer of Work was made and filed, and considered by
this Council and found to be sufficient in every particular, whereupon it was determined that
the report should stand as the Engineer's Report for all subsequent proceedings under and
pursuant to the Resolution of Intention, and April 16, 2003 at the hour of 7:00 o'clock p.m., in
the Chambers of the City Council in City Hall, 14403 East Pacific Avenue, Baldwin Park,
California, was appointed as the time and place for a public hearing take testimony and to
receive protests in relation to the proposed acquisitions and improvements, for tabulation of
assessment ballots, and final action on the Engineer's Report; and
WHEREAS, On April 16, 2003 the public hearing was held, and all persons interested
desiring to be heard were given an opportunity to be heard, and all matters and things
pertaining to the acquisitions and improvements were fully heard and considered by this
Council, and any protests, both written and oral, were duly heard, considered, and all
assessment ballots submitted by property owners were received and tabulated.
NOW. THEREFORE, BE IT RESOLVED, as follows:
1. No Majority Protest; Protests Overruled. It is hereby determined that, upon the
conclusion of the public hearing, and after tabulation of the assessment ballots submitted, no
majority protest against the assessment existed because the assessment ballots submitted in
opposition to the assessment did not exceed the ballots submitted in favor of the
assessment. In tabulating the ballots, they were weighted according to the proportional
financial obligation of the affected properties. The protests, if any, against the proposed
acquisitions and improvements or the grades at which the work is proposed to be done, as a
whole or as to any part thereof, or against the California Avenue Assessment District No.
2002-1 the Assessment District"), or the extent thereof to be assessed for the costs and
expenses of the acquisitions and improvements, as a whole or as to any part thereof, or
against the engineer's estimate of costs and expenses, in whole or in part. or against the
maps and descriptions, in whole or in part, or against the diagram or the assessment to pay
for the costs and expenses thereof, in whole or in part, written and oral, are hereby overruled.
2. Public Interest. The public interest, convenience and necessity require that the
acquisitions and improvements be made and that the Assessment District be created.
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2003 026 CC RESO (Ìì Š € Resolution No. 2003-026
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3. Assessment District Described. The Assessment District benefited by the
acquisitions and improvements and to be assessed to pay the costs and expenses thereof,
and the exterior boundaries thereof, are as shown by a map thereof filed in the office of the
City Clerk, which map is made a part hereof by reference thereto.
4. Engineer's Report Approved. The Engineer's Report, in the form on file in the office
of the City Clerk and to which reference is hereby made for further particulars, including the
estimates of costs and expenses, the apportionment of assessments and the assessment
diagram contained in the Engineer's Report, is hereby approved and confirmed and shall
stand as the Engineer's Report for these and all future proceedings for the Assessment
District. Final approval of the Engineer's Report is intended to and shall refer and apply to the
Engineer's 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 Council.
5. Benefits Determined. Based on the oral and documentary evidence, including the
Engineer's Report, offered and received at the public hearing, this Council expressly finds
and determines that:
a) each of the several subdivisions of land in the Assessment District will be
specially benefited by the acquisitions and improvements at least in the
amount, if not more than the amount, of the assessment apportioned against
the subdivisions of land, respectively; and
b) there is substantial evidence to support, and the weight of the evidence
preponderates in favor of, the finding and determination as to special
benefits.
6. Improvements Ordered. Assessment District Formed and Assessments Confirmed.
This Council hereby orders that the acquisitions and improvements described in the
Resolution of Intention be made, the Assessment District be formed and that the assessment
to pay the costs and expenses thereof be confirmed and are hereby levied. For further
particulars pursuant to the provisions of the Act, reference is hereby made to the Resolution
of Intention and the Engineer's Report.
7. Recording Ordered. The City Clerk shall forthwith:
a) deliver to the Director of Public Works of the City, who is the Superintendent
of Streets under the Act, the assessment as contained in the Engineer's
Report together with the assessment diagram, as approved and confirmed
by this Council, with a certificate of such confirmation and of the date
thereof, executed by the City Cierk, attached thereto. The Director of Public
Works shall record the assessment and 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 assessment roll
herein; and
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2003 026 CC RESO (Ìì Š € Resolution No. 2003-026
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b) cause a copy of the assessment diagram and a notice of assessment,
substantially the form provided in Section 3114 of the Streets and Highways
Code of California, executed by the City Clerk, to be filed and recorded,
respectively, in the office of the County Recorder of the County of Los
Angeles.
From the date of recording of the notice of assessment, all persons shall be deemed to
have notice of the contents of such assessment, and each of such assessments 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 often 10) years from the date of
the recordation, or in the event bonds are issued to represent the assessments, then
such liens shall continue until the expiration of four 4) years after the due date of the
last installment upon the bonds or of the last installment of principal of the bonds. The
appropriate officer or officers of the City are hereby authorized to take all actions and
to pay any and all fees required by law in connection with the above.
8. Cash Payment Ordered.
a) Cash Payment. Under the Act, this Council hereby directs that the owners
of property within the Assessment District shall be given written notice of the
confirmation of the assessments and of the recording thereof in the office of
the Director of Public Works and of the opportunity of such owners to pay all
or a portion of the assessments in cash for a period of not less than thirty
30)days.
b) Collection Officer. The Finance Director of the City is appointed Collection
Officer the Collection Officer") for the assessments and the person to
whom payment of the assessments shall be made, and that the office of the
Collection Officer, at 14403 East Pacific Avenue, Baldwin Park, California,
91706-4297 is designated as the place at which any payments will be made,
and the Superintendent of Streets is hereby relieved of all responsibility for
collecting assessments.
c) Mailed Notices. The Collection Officer shall cause notices to pay
assessments to be mailed under Section 10404 of the Act, which notice
shall state that funds from the Special Assessment Fund will be advanced
under the Improvement Bond Act of 1915, to represent any unpaid
assessments. The mailed notice shall be mailed to each owner of real
property within the Assessment District at his or her last known address as
the same appears on the tax rolls of the City, or on file in the office of or as
known to the Clerk of the Council, or to both addresses if the address is not
the same, or to the general delivery when no address so appears.
d) Published Notice. The Collection Officer shall also cause the notice to be
published once a week for two successive weeks with at least five days
intervening between the respective publication dates, not counting such
dates) in a newspaper published and circulated in the City.
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2003 026 CC RESO (Ìì Š € Resolution No. 2003-026
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e) Proceeds of Collection. The Collection Officer shall establish a fund,
separate and distinct from other funds of the City and designated City of
Baldwin Park, Baldwin Avenue Assessment District No. 2000-1 Cash
Payment Fund" the Cash Payment Fund") into which shall be deposited all
sums received from the cash payments. The Cash Payment Fund may be
invested by the Collection Officer in lawful investments for the City;
provided, however, that the Collection Officer shall be under no obligation to
invest any or all of the amounts in the Cash Payment Fund. In the event that
this Council issues bonds for the Assessment District, the moneys in the
Cash Payment Fund shall be applied to the acquisitions and improvements
for the Assessment District and the Fund shall be closed. If the Council
determines not to issue bonds to finance the acquisitions and
improvements, the Collection Officer shall return the amounts of cash
payments with any interest thereon) to the persons responsible for paying
such cash payments and the Fund shall be closed. The timing of such
determinations shall be entirely at the discretion of the Council.
9. Effective Date. This resolution shall be effective upon the date of its adoption.
APPROVED AND ADOPTED on 16th day of April 2003.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES) SS.
CITY OF BALDWIN PARK
I, Rosemary Ramirez, Chief Deputy City Clerk of the City of Baldwin Park, hereby
certify that Resolution No. 2003-026 was duly passed and adopted at a regular meeting of
the City Council held on April 16, 2003, and said Resolution was passed and adopted by the
following vote:
AYES: COUNCIL MEMBERS: Marlen Garda, David Olivas, Ricardo Pacheco, Mayor
Pro Tern Bill Van Cleave and Mayor Manuel Lozano
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ROSEMARY M.^MIREZ, CMC
CHIEF DEPUTY CITY CLERK
None
None
None
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