HomeMy WebLinkAbout2001 043 CC RESO2001 043 CC RESO¹òw @˜ ‰ 2001 RESO 2001-043–"[HmsRESOLUTION NO. 2001-043
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
Baldwin Avenue Assessment District No. 2000-1
WHEREAS, On September 20, 2000, this Council adopted Resolution No. 2000-
90, 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 May 16, 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, On May 16, 2001 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; That this public hearing was continued by the City Council, to the next
City Council meeting on June 6, 2001;
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 Baldwin
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Avenue Assessment District No. 2000-1 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 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.
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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 designated as the place at
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Page 4
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, 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.
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2001 043 CC RESO¹òw @˜ ‰ 2001 RESO 2001-043–"[HmsResolution No. 2001-043
Page5
APPROVED AND ADOPTED on June 6th, 2001.
Manner Lozap0f1vkayor
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss
CITY OF BALDWIN PARK
I, Rosemary Ramirez, Deputy City Clerk of the City of Baldwin Park, hereby
certify that Resolution No. 2001-043 was duly passed and adopted at a regular meeting
of the City Council held on June 6, 2001, and said Resolution was passed and adopted
by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCmMEMBERS:
ROSEMARY RMl I REZ, CMC
DEPUTY CITY^LERK
Marlen Garcia, Ricardo Pacheco, Bill Van
Cleave, Mayor Pro Tern Linda Gair, and Mayor
Manuel Lozano
None
None
None
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