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HomeMy WebLinkAbout2010-34 - Declaring Intention to Order Construction AD 100RESOLUTION NO. 2010 -34 RESOLUTION DECLARING INTENTION TO ORDER THE CONSTRUCTION OF CERTAIN IMPROVEMENTS IN PROPOSED ASSESSMENT DISTRICT NO. 100 (13th ST /BALBOA BLVD /ADAMS ST /OCEAN FRONT), DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF, PROVIDING FOR THE ISSUANCE OF BONDS, AND DECLARING INTENTION TO DESIGNATE THE AREA AN UNDERGROUND UTILITIES DISTRICT WHEREAS, certain property owners owning more than sixty percent (60 %) of the area of all assessable lands within the proposed assessment district, including more than five such property owners, have submitted signed counterparts of a petition (the 'Petition ") to the City Clerk, requested the formation of a special assessment district, to be designated as Assessment District No. 100 (13th St/Balboa Blvd /Adams St/Ocean Front) (the "Assessment District'), to provide for the conversion of certain overhead electrical and communication facilities to underground locations as described in the map hereinafter approved, together with appurtenances and appurtenant work in connection therewith, pursuant to the terms and provisions of the ordinances of the City of Newport Beach (the "City ") and the "Municipal Improvement Act of 1913" (the "1913 Act'), being Division 12 of the Streets and Highways Code (the "Code "); and WHEREAS, the City Clerk has issued and has presented this City Council with a certificate of sufficiency pursuant to Section 5896.7 of the Code; and WHEREAS, this City Council intends to designate the area comprising the Assessment District as an underground utilities district pursuant to Chapter 15.32 of the Code of Ordinances of the City (the "Ordinance Code "); and WHEREAS, the conversion of the overhead electrical and communication facilities to underground locations, together with appurtenances and appurtenant work in connection therewith, as requested by the Petition, is to be done to further public safety and welfare and to improve aesthetics within the area of the Assessment District; and WHEREAS, this City Council has been presented and has adopted a map (the "Boundary Map ") showing and describing the boundary of the Assessment District; NOW THEREFORE, Be it Determined, Resolved, and Ordered as follows: SECTION 1. The public interest and convenience require, and it is the intention of this City Council to order, as requested by the Petition and pursuant to the 1913 Act, the conversion of the overhead electrical and communication facilities within the Assessment District to underground locations, to assess the cost thereof against the real property specially benefited thereby, and to designate the area an underground utilities district. 1 SECTION 2. The conversion project to be implemented (the "Project ") is generally described as follows: A. The Project generally consists of the conversion of existing overhead electrical and communication facilities to underground locations within the area shown on the Boundary Map, together with appurtenances and appurtenant work thereto, all to serve and specially benefit the properties within the Assessment District. B. All rights -of -way and easements required for the Project will be shown upon the plans (the "Project Plans ") which will be filed in the office of the Superintendent of Streets and incorporated by reference in the Assessment Engineer's Report (described below). C. All of the improvement work to be performed will be performed in the locations and to the sizes, dimensions and materials, and to the lines, grades and elevations, as shown and delineated upon the Project Plans, subject to such changes as made be authorized prior to or during the course of construction of the Project in accordance with the specifications and other contract documents. D. The Project Plans, as incorporated by reference in the Assessment Engineer's Report, will be controlling as to the correct and detailed description of the Project. SECTION 3. The proposed Assessment District and the Project are hereby referred to Harris & Associates, designated by prior resolution of this City Council as the Assessment Engineer for the Assessment District, and directs the Assessment Engineer to make and file with the City Clerk for presentation to this City Council a written report (the "Assessment Engineer's Report") containing the matters prescribed by 10204 of the Code, as supplemented by Article XIIID of the California Constitution and Section 53753 of the Government Code. SECTION 4. Notice is hereby given that limited obligation improvement bonds to represent the unpaid assessments will be issued in accordance with the "Improvement Bond Act of 1915" (the "1915 Act "), being Division 10 of the Code, which bonds will be issued in one or more series, each with a term not to exceed the legal maximum term as authorized by law, namely, thirty -nine (39) years from the second day of September next succeeding twelve (12) months from their date, and bearing interest at a rate or rates not to exceed the legal maximum. The provisions of Part 11.1 of the 1915 Act, providing an alternative procedure for the advance payment of assessments and the calling of bonds, will apply. The principal amount of the bonds maturing each year will be other than an amount equal to an even annual proportion of the aggregate principal of the bonds, and the amount of principal maturing in each year, plus the amount of interest payable in that year, will be generally an aggregate amount that is equal each year, except for the first year. 2 Pursuant to Section 10603 of the Code, the City Treasurer is hereby designated as the officer to collect and receive the payments on account of assessments during the cash collection period. SECTION 5. In the event surplus funds remain in the Improvement Fund for the Assessment District following completion of the Project and payment of all claims from the Improvement Fund, this City Council shall determine the amount of such surplus, which will be used, in such amounts as this City Council may determine, in accordance with the provisions of Section 10427 of the Code for one or more of the following purposes: A. Transfer to the general fund; provided that the amount of any such transfer does not exceed the lesser of One Thousand Dollars ($1,000.00) or five percent (5 %) of the total of the surplus in the Improvement Fund; B. As a credit upon the assessment and any supplemental assessment; C. For the maintenance of the improvements that comprise the Project; or D. To call bonds. SECTION 6. By Resolution No. 2010 -33 adopted this same date, this City Council has established the Improvement Fund, which will be identified and designated by the name of the Assessment District, and into such fund monies may be transferred at any time to expedite the implementation of the Project, and any advancement of funds is a loan that will be repaid out of the proceeds of the sale of bonds as authorized by law. SECTION 7. For any and all information relating to these proceedings, including information relating to protest procedure, your attention is directed to the person designated below: Iris Lee, P.E., T.E., Senior Civil Engineer City of Newport Beach Public Works Department Newport Beach, California 92658 (949) 644 -3323 SECTION 8. The public interest, convenience and necessity requires that certain land, rights -of -way or easements be obtained in order to allow the works of improvement as proposed for the Assessment District to be accomplished. The Assessment Engineer's Report, upon adoption, will provide certification that the land, rights -of -way or easements have been acquired or will be acquired as part of the construction of the improvements. SECTION 9. Pursuant to Section 8769 of the Code, this City Council hereby declares that the City will not obligate itself to advance available funds from the City treasury to cure any deficiency that may occur in the bond redemption fund for the Assessment District. SECTION 10. This City Council hereby declares that it proposes to authorize the levy an annual assessment pursuant to subsection (f) of Section 10204 of the Code, such annual assessment to pay costs incurred by the City and not otherwise reimbursed which 3 result from the administration and collection of assessments and from the administration and registration of assessment bonds and the related bond funds. SECTION 11. Pursuant to Section 10110 of the Code, it is the intention of this City Council with respect to those Project improvements to be owned, managed, or controlled by a regulated public utility, prior to ordering the construction of improvements, to enter into an agreement with each such regulated public utility with respect to those Project improvements to be owned, controlled or managed by the utility. SECTION 12. As a supplement to the Petition, this City Council hereby declares that it intends to comply with the requirements of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931, being Division 4 of the Code, by proceeding under Part 7.5 of said Division 4. For that purpose, the Assessment Engineer is directed to include in the Assessment Engineer's Report the information prescribed by Section 2961 of the Code. SECTION 13. This City Council hereby declares that it intends to designate the area comprising the Assessment District as an underground utilities district pursuant to Chapter 15.32 of the Ordinance Code. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Newport Beach held on the 13th day of April, 2010 by the following vote: ATTEST• City Clerk 1391985.2 Mayor STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2010 -34 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 13th day of April, 2010, and that the same was so passed and adopted by the following vote, to wit: Ayes: Selich, Rosansky, Webb, Gardner, Daigle, Mayor Curry Noes: None Absent: None Abstain: Henn IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 14th day of April, 2010. City Clerk Newport Beach, California (Seal)