HomeMy WebLinkAbout96-74 - Proposed Assessment District 71 - Balboa BoulevardRESOLUTION NO. 96 -74
A RESOLUTION OF THE CITY COUNCIL OF THE NEWPORT BEACH,
CALIFORNIA, DECLARING INTENTION TO ORDER THE INSTALLATION
OF CERTAIN IMPROVEMENTS IN A PROPOSED ASSESSMENT
DISTRICT; DECLARING THE WORK TO BE OF MORE THAN LOCAL OR
ORDINARY BENEFIT; DESCRIBING THE DISTRICT TO BE ASSESSED
TO PAY THE COSTS AND EXPENSES THEREOF; AND PROVIDING FOR
THE ISSUANCE OF BONDS
• THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. The public interest and convenience require, and it is the intention of this body,
pursuant to the provisions of Division 12 of the Streets and Highways Code of the State of California (the
"Municipal Improvement Act 1913 "), to order the installation of certain public improvements, together with
appurtenances and appurtenant work, in a special assessment district known and designated as
ASSESSMENT DISTRICT NO. 71 (BALBOA BOULEVARD) (hereinafter referred to as the "Assessment
District ").
DESCRIPTION OF IMPROVEMENTS
A. The financing of certain public improvements described as the conversion of
existing overhead electrical and communication facilities to underground locations to serve and benefit
properties within the boundaries of the Assessment District..
B. Said streets, rights -of -way and easements shall be shown upon the plans
herein referred to and to be filed with these proceedings.
C. All of said work and improvements are to be installed at the places and in the
particular locations, and to the sizes, dimensions and materials, to the lines, grades and elevations as
shown and delineated upon the plans, profiles and specifications, all to be made a part of the Engineers
"Report".
D. The description of the improvements contained in this Resolution is general in
nature, and the plans and profiles of the work as contained in the Engineers "Report" shall be controlling
as to the correct and detailed description thereof.
DESCRIPTION OF ASSESSMENT DISTRICT
SECTION 2. That said improvements are of direct benefit to the properties and land within the
Assessment District, and this legislative body hereby makes the expenses of said work and improvement
• chargeable upon a district, which is described as follows:
All that certain territory in the District included within the exterior boundary lines
shown on the plat exhibiting the property benefited and to be assessed to pay the costs and expenses
of said work and improvements in the Assessment District, said map titled "PROPOSED BOUNDARIES
Res. 96 -74
OF ASSESSMENT DISTRICT NO. 71 (BALBOA BOULEVARD) ", and which map was heretofore
approved and which said map is on file with the transcript of these proceedings, EXCEPTING therefrom
the area shown within the area of all public streets, easements or public rights -of -way. For all particulars
as to the boundaries of the Assessment District, reference is hereby made to said previously approved
boundary map.
• REPORT OF ENGINEER
SECTION 3. That this proposed improvement is hereby referred to BERRYMAN & HENIGAR,
who is hereby directed to make and file a combined report as authorized by Section 2961 of the Streets
and Highways Code of the State of California, said report to be in writing and contain the following:
A. Plans and specifications of the proposed improvements;
B. An estimate of the cost of the proposed works of improvement, including the
cost of the incidental expenses, in connection therewith;
C. A diagram showing the Assessment District above referred to, which shall also
show the boundaries and dimensions of the respective subdivisions of land within said Assessment
District, as the same existed at the time of the passage of the Resolution of Intention, each of which
subdivisions shall be given a separate number upon said Diagram;
D. A proposed assessment of the total amount of the assessable costs and
expenses of the proposed improvement upon the several divisions of land in proportion to the estimated
benefits to be received by such subdivisions, respectively, from said improvement. Said assessment
shall refer to such subdivisions upon said diagram by the respective numbers thereof;
E. The description of the works of improvement to be installed under these
proceedings, and acquisition, where necessary.
F. The total amount, as near as may be determined, of the principal sum of any
unpaid special assessments previously levied or pending, other than those contemplated in these
proceedings.
G. The true value of the parcels of land and improvements which are proposed
to be assessed. Said true value may be estimated as the full cash value of the parcels as shown upon
the last equalized assessment roll of the County.
When any portion or percentage of the cost and expenses of the improvements is
• to be paid from sources other than assessments, the amount of such portion or percentage shall first be
deducted from the total estimated costs and expenses of said work and improvements, and said
assessment shall include only the remainder of the estimated costs and expenses. Said assessment
shall refer to said subdivisions by their respective numbers as assigned pursuant to Subsection D. of
this Section.
Res. 96 -74
BONDS
SECTION 4. Notice is hereby given that bonds to represent the unpaid assessments, and bear
interest at the rate of not to exceed the current legal maximum rate of 12% per annum, will be issued
hereunder in the manner provided in the "Improvement Bond Act of 1915 ", being Division 10 of the
Streets and Highways Code of the State of California, which bonds shall be issued not to exceed the
is legal maximum term as authorized by law, THIRTY -NINE (39) YEARS from the second day of September
next succeeding twelve (12) months from their date. The provisions of Part 11.1 of said Act, providing
an alternative procedure for the advance payment of assessments and the calling of bonds shall apply.
The principal amount of the bonds maturing each year shall 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's adjustment.
Pursuant to the provisions of the Streets and Highways Code of the State of
California, specifically Section 10603, the Treasurer is hereby designated as the officer to collect and
receive the assessments during the cash collection period. Said bonds further shall be serviced by the
Treasurer or designated Paying Agent.
Refundino
Any bonds issued pursuant to these proceedings and Division 11.5 of the Streets
and Highways Code of the State of California (a) may be refunded (b) the interest rate on said bonds
shall not exceed the maximum interest rate as authorized for these proceedings, and the number of years
to maturity shall not exceed the maximum number as authorized for these bonds unless a public hearing
is expressly held as authorized pursuant to said Division 11.5, and (c) any adjustments in assessments
resulting from any refundings will be done on a pro -rata basis.
Any authorized refunding shall be pursuant to the above conditions, and pursuant
to the provisions and restrictions of Division 11.5 of the Streets and Highways Code of the State of
California, commencing with Section 9500, and all further conditions shall be set forth in the Bond
Indenture to be approved prior to any issuance of bonds.
"MUNICIPAL IMPROVEMENT ACT OF 1913"
SECTION 5. That except as herein otherwise provided for the issuance of bonds, all of said
improvements shall be made and ordered pursuant to the provisions of the "Municipal Improvement Act
of 1913 ", being Division 12 of the Streets and Highways Code of the State of California.
SURPLUS FUNDS
SECTION 6, That if any excess shall be realized from the assessment, it shall be used, in such
Res. 96 -74
amounts as the legislative body may determine, in accordance with the provisions of law for one or more
of the following purposes:
A. Transfer to the general fund; provided that the amount of any such transfer
shall not exceed the lesser of One Thousand Dollars ($1,000,00) or five percent (5 %) of the total from
• the Improvement Fund;
B. As a credit upon the assessment and any supplemental assessment;
C. For the maintenance of the improvement; or
D. To call bonds.
SPECIAL FUND
SECTION 7. The legislative body hereby establishes a special improvement fund identified
and designated by the name of this Assessment District, and into said Fund monies may be transferred
at any time to expedite the making of the improvements herein authorized, and any such advancement
of funds is a loan and shall be repaid out of the proceeds of the sale of bonds as authorized by law.
PRIVATE CONTRACT
SECTION 8. Notice is hereby given that the public interest will not be served by allowing the
property owners to take the contract for the Installation of the improvements, and that, as authorized by
law, no notice of award of contract shall be published. This limitation does not prohibit the property
owners from financing all or a portion of the improvements through a private acquisition agreement.
GRADES
SECTION 9.That notice is hereby given that the grade to which the work shall be done is to be
shown on the plans and profiles therefor, which grade may vary from the existing grades. The work
herein contemplated shall be done to the grades as indicated on the plans and specifications, to which
reference is made for a description of the grade at which the work is to be done. Any objections or
protests to the proposed grade shall be made at the public hearing to be conducted under these
proceedings.
PROCEEDINGS INQUIRIES
SECTION 10. For any and all information relating to these proceedings, including Information
relating to protest procedure, your attention is directed to the person designated below:
RICHARD HOFFSTADT
• PUBLIC WORKS DEPARTMENT
CITY OF NEWPORT BEACH
3300 NEWPORT BLVD.
NEWPORT BEACH, CA 92658 -8915
TELEPHONE: (714) 644 -3311
Written protests should be addressed to the City Clerk and mailed to the address
listed above.
Res. 96 -74
PUBLIC PROPERTY
SECTION 11. All public property in the use and performance of a public function shall be omitted
from assessment in these proceedings unless expressly provided and listed herein.
NO CITY LIABILITY
SECTION 12. This legislative body hereby further declares not to obligate itself to advance
• available funds from the Treasury to cure any deficiency which may occur in the bond redemption fund.
This determination is made pursuant to the authority of Section 8769(b) of the Streets and Highways
Code of the State of California, and said determination shall further be set forth in the text of the bonds
issued pursuant to the "Improvement Bond Act of 1915 ".
PETITION
SECTION 13. That a petition signed by property owners representing more than 50% in area of
the property subject to assessment for said improvement has been signed and filed with the legislative
body.
ANNUAL ADMINISTRATIVE ASSESSMENT
SECTION 14. It is hereby declared that this legislative body proposes to levy an annual
assessment pursuant to Section 10204 of the Streets and Highways Code of the State of California, said
annual assessment to pay costs incurred by the City and not otherwise reimbursed which result from the
administration and collection of assessments or from the administration or registration of any associated
bonds and their related funds.
UTILITY IMPROVEMENTS
SECTION 15. It is the intention of this legislative body to enter into agreements with certain public
utility companies or public agencies where facilities to be assessed will be owned, managed and
controlled by a utility or agency other than this legislative body. For particulars, reference is made to said
Agreements which shall be on file and open for public inspection, which said Agreements will be
approved prior to the ordering of any work. All Agreements are authorized by and shall be consistent
with the provisions of Streets and Highways Code Section 10110.
APPROVED and ADOPTED this 9th day of September 1996.
• ATTEST:
CITY CLERK
MAYOR
•
0
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF NEWPORT BEACH
I, LaVONNE HARKLESS, CITY CLERK of the CITY OF NEWPORT BEACH, CALIFORNIA, DO
HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 96 -74 , was duly passed,
approved and adopted by the City Council, approved and signed by the Mayor, and attested by the City
Clerk, all at the Regular meeting of said City Council held on the 9th day of September
1996, and that the same was passed and adopted by the following vote:
AYES: COUNCIL MEMBERS DEBAY, GLOVER, EDWARDS, WATT, O'NEIL, COX
NOES: COUNCIL MEMBERS NONE
ABSENT: COUNCIL MEMBERS HEDGES
ABSTAIN: COUNCIL MEMBERS NONE
EXECUTED this 10th day of September , 1996, at Newport Beach, California.
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CITY CLERK
CITY OF NEWPORT BEACH
STATE OF CALIFORNIA