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HomeMy WebLinkAbout84-92 - Assessment District 56 - China Covea RESOLUTION NO. 84 -•92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DECLARING INTENTION TO ORDER THE CON- STRUCTION OF CERTAIN IMPROVEMENTS, TO- GETHER WITH APPURTENANCES IN A PROPOSED ASSESSMENT DISTRICT PURSUANT TO THE PRO- VISIONS OF THE "MUNICIPAL IMPROVEMENT ACT OF 1913 "; 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 City, pursuant to the provisions of Division 12 of the Streets and Highways Code of the State of California (the "Municipal Improvement Act of 1913 "), to order the construction of certain public improvements, together with appurtenances and appurtenant work, in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 56 (CHINA COVE) (hereinafter referred to as the "Assessment District "). DESCRIPTION OF IMPROVEMENTS A. The construction of certain- improvements, including the conversion of existing overhead electrical and communication facilities to under- ground locations, together with appurtenances and appurtenant work and acquisition, if necessary, in certain public streets and rights -of -way in the Assessment District, as set forth in Exhibit "A" attached hereto, incorporated and so referenced. For further particulars, reference is hereby made to a map of said Assessment District previously adopted. 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 constructed at the places and in the particular locations„ of the forms, sizes, dimensions and materials, and at the lines, grades and elevations as shown and delineated upon the • plans, profiles and specifications to be made therefor, as hereinafter provided. D. The description of the improvements and the termini of the work contained in this Resolution are general in nature. All items of work do not necessarily extend for the full length of the description thereof. The plans and profiles of the work as contained in the Engineer's "Report" shall be controlling as to the correct and detailed description thereof. E. Whenever any public way is herein referred to as running between two public ways; or from or to any public way, the intersections of the is public ways referred to are included to the extent that work shall be shown on the plans to be done therein. F. Notice is hereby given of the fact that in many cases said work and improvement will bring the finished work to a grade different from that formerly existing, and that to said extent, said grades are hereby changed and said work will be done to said changed grades. DESCRIPTION OF ASSESSMENT DISTRICT SECTION 2. That said improvements and work are of direct benefit to the properties and land within the Assessment District, and this City Council hereby makes the expenses of said work and improvement chargeable upon a district, which said Assessment District is hereby declared to be the Assessment District benefited by said work and improvements and to be assessed to pay the costs and expenses thereof, including incidental expenses and costs and 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 affected or bene- fited by or to be assessed to pay the costs and expenses of said work and improve- ments in the Assessment District, said map titled and identified as "PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 56 (CHINA COVE)" and which said map was heretofore approved and which said map or diagram is on file with the transcript of these proceedings, EXCEPTING from the area shown within and delineated upon said map or plat hereinabove referred to, the area of all public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, and all easements and rights -of -way therein contained belonging to the public. For all particulars as to the boundaries of the Assessment District, refe- rence is hereby made to said boundary map heretofore previously approved, and for a complete description of said Assessment District, the said plat and proposed boundary on file shall govern. REPORT OF ENGINEER SECTION 3. That this proposed improvement is hereby referred to appointed SUPERINTENDENT OF STREETS, who is hereby directed to make and file the report in writing containing the following: A. -Plans and specifications of the proposed improvements; • B. An estimate of the cost of the proposed works of improve- ment, 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 subdivi- sions 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 subdivisions of land in proportion to the estimated benefits to be received by such subdivisions, respec- tively, 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 construc- ted under these proceedings, and acquisition, where necessary. 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. BONDS SECTION 4. That it is hereby determined and declared that serial bonds be issued in accordance with Division 7 of the Streets and Highways Code ( "Improvement Act of 1911 ") to represent each assessment of One Hundred Fifty Dollars • ($150.00) or more, remaining unpaid for thirty (30) days after the date of recorda- tion of the diagram and assessment for this improvement. The serial bonds shall extend over a period not to exceed NINE (9) YEARS from the second day of January next succeeding the next September 1st following their date. The interest rate on said bonds shall not exceed the current legal maximum rate of 12% per annum. The principal sum shall become due and payable in equal annual payments on each October 15th succeeding the September 1st following the date of the • bonds until fully paid. The first interest payment shall be payable on the April 15th next succeeding the March 1st or October 15th next succeeding the September 1st, as the case may be, next following the date of the bonds. The following interest pay- ments shall each be for six months interest and shall be payable on each 15th day of April and October, the last interest payment coming due on the October 15th imme- diately preceding the last annual payment of the principal of the bonds issued to represent the unpaid assessments. Pursuant to the provisions of the Streets and Highways Code of the State of California, specifically Section 10603, the Treasurer is hereby desig- nated as the officer to collect and receive the assessments during the cash collec- tion period. Said bonds further shall be serviced and collected by the Treasurer. "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, as well as the incorporated provisions of Chapter 28 of the "Improvement Act of 1911 ", being Division 7 of said Code. SURPLUS FUNDS SECTION 6. That if any excess shall be realized from the assessment, it shall be used, in such amounts as the City Council may determine, in accordance with the provisions of law for one or more of the following purposes: A. Transfer to the general fund of the City; 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; or C. For the maintenance of the improvement. SPECIAL FUND SECTION 7. That the City Council hereby establishes a special IMPROVEMENT FUND designated by the name of this Assessment District, into which funds may be transferred at any time to expedite the making of the improvement herein authorized, and said funds are a loan and shall be repaid out of the proceeds of the sale of • assessments 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 construction of the improvements, and that, as authorized by law, no notice of award of contract shall be published. 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: KENNETH L. PERRY OFFICE OF CITY ENGINEER CITY OF NEWPORT BEACH P. 0. BOX 1786 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92663 TELEPHONE: (714) 640 -2281 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 0 provided and listed herein. SECTION 12. That 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 this Assessment District to be accomplished. For a general description of the location and extent of the easements or land necessary to be acquired, reference is hereby made to maps on file with the transcript of these proceedings. BOND REDEMPTION AND DELINQUENCY SECTION 13. The City Council further elects to provide that said bonds, upon redemption, shall provide a premium of five percent (5 %) on the unmatured principal, and said language shall be added to the redemption clause in the bond form to require the property owner to pay said premium in order to discharge the obliga- tion of the lien. Said Council further elects and declares that the first two percent (2%) collected as a delinquency shall be retained as a cost of servicing the delinquency, and the bonds shall so declare that said penalty shall be retained by the City. PETITION SECTION 14. That a petition signed by property owners representing more than 60% in area of the property subject to assessment for said improvement has been signed and filed, and said written petition expressly contains a waiver of any of the proceedings and limitations as set forth under Division 4 of the Streets and Highways Code of the State of California, the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931 ". WORK ON PRIVATE PROPERTY SECTION 15. It is hereby further determined to be in the best public inte- rest and convenience and more economical to do certain work on private property to eliminate any disparity in level or size between the improvements and the private property. The actual cost of such work is to be added to the assessment on the lot on which the work is done, and no work of this nature is to be performed until the written consent of the property owner is first obtained. UTILITY IMPROVEMENTS ,. SECTION 16. This legislative body further proposes to enter into Agree- ments with the SOUTHERN CALIFORNIA EDISON COMPANY and PACIFIC BELL, said Agreements .• • setting forth certain terms and conditions relating to the bidding and award of certain construction contracts, as well as the ownership, management and control of certain utility improvements. A copy of said Agreements shall be, upon approval, on file in the Office of the City Clerk. APPROVED and ADOPTED this ATT S TY� L RK CITY OF NEWPORT BEACH STATE OF CALIFORNIA 13th day of August , 1984. CITY OF NEWPORT BEACH STATE OF CALIFORNIA CITY OF NEWPORT BEACH ASSESSMENT DISTRICT NO. 56 (CHINA COVE) EXHIBIT "A" The proposed works of improvement are generally described as follows: The conversion of certain existing overhead electrical and communication facilities to underground locations, together with appurtenances and appurtenant work in connec- tion therewith, in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 56 (CHINA COVE). 0