HomeMy WebLinkAbout2001 023 CC RESO2001 023 CC RESO¹òw @˜ ˆ ã 2001 RESO 2001-023–"[HmgRESOLUTION N0.2001-023
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
Bogart Avenue Assessment District No. 99-1
WHEREAS, On September 15, 1999, this Council adopted Resolution No.
79-99, 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 January 17, 2001 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, The hearing was subsequently continued to March 7, 2001 at the
same time and place, notice of said continued hearing, including assessment ballots,
was mailed as required by law; and
WHEREAS, On March 7, 2001 the continued 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
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Page 2
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 Bogart Avenue Assessment
District No. 99-1 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.
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
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Page 3
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 Clerk, 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
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
of ten 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
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Page 4
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 bonds will be issued 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.
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, Bogart Avenue Assessment District No. 99-1 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 March 7, 2001.
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2001 023 CC RESO¹òw @˜ ˆ ã 2001 RESO 2001-023–"[HmgResolution No. 2001-023
Page 5
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF BALDWIN PARK
I, Rosemary Ramirez, Deputy City Clerk of the City of Baldwin Park, hereby
certify that Resolution No. 2001-023 was duly passed and adopted at a regular meeting
of the City Council held on March 7, 2001, and said Resolution was passed and
adopted by the following vote:
AYES:
COUNCILMEMBERS:
Linda Gair, Marlen Garcia, William Bill" Van
Cleave, Mayor Pro Tern Pacheco, and Mayor
ManuelLozano
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
ROSE
DEPUTY
RAMIREZ, CMC
TY CLERK
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