HomeMy WebLinkAbout90-107 - Assessment District 60 - West Bay AvenueRESOLUTION NO. 90 -107
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, CONFIRMING THE
ASSESSMENT, ORDERING THE IMPROVEMENTS MADE,
TOGETHER WITH APPURTENANCES, AND APPROVING THE
ENGINEER'S "REPORT"
WHEREAS, the CITY COUNCIL of the CITY OF NEWPORT BEACH, CALIFORNIA, has
previously adopted its Resolution of Intention and initiated proceedings for the
• construction of certain public works of improvement, together with appurtenances and
appurtenant work, including acquisition where appropriate, in a special assessment
district pursuant to the terms and provisions of the "Municipal Improvement Act of
1913 ", being Division 12 of the Streets and Highways Code of the State of Califor-
nia, said special assessment district known and designated as ASSESSMENT DISTRICT
NO. 60 (WEST BAY AVENUE FROM 8TH STREET TO 15TH STREET) (hereinafter referred to as
the "Assessment District "); and,
WHEREAS, pursuant to the provisions of said "Municipal Improvement Act of 1913"
and Part 7.5 of Division 4 of the Streets and Highways Code, the "Special Assess-
ment, Limitation and Majority Protest Act of 1931 ", a combined "Report" (hereinafter
referred to as the "Report "), as authorized, has been provided, presented, consi-
dered and approved by this legislative body; and,
WHEREAS, said "Report ", as preliminarily approved, contained all the matters
and items called for by law and as pursuant to the provisions of the "Municipal
Improvement Act of 1913" and Section 2961 of said Streets and Highways Code of the
State of California, including the following:
1. Plans and specifications of the proposed improvements;
2. Estimate of cost;
3. Diagram of Assessment District;
4. An assessment according to benefits;
5. A description of the works of improvement;
6. Valuation information; and,
WHEREAS, all protests have been heard and considered, and a full hearing has
been given, all in the manner provided by law; and,
WHEREAS, notices of said hearing were duly and regularly posted, mailed and
• published in the time, form and manner required by law and as evidenced by affi-
davits on file with the transcript of these proceedings; and,
WHEREAS, the owners of one -half (1/2) of the area assessed for the cost of the
project did not file written protests against the said proposed improvements and
acquisition where appropriate, and this legislative body did, after providing a full
hearing, overrule and deny all protests and objections; and,
WHEREAS, the legislative body is desirous at this time of providing a contribu-
tion to pay a portion of the costs and expenses of the work and proceedings; and,
WHEREAS, this legislative body is now satisfied with the assessment and all
matters contained in the "Report" as now updated and submitted.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
RECITALS
SECTION I. That the above recitals are all true and correct.
PROTESTS
SECTION 2. That all protests and objections of every kind and nature be, and
the same hereby are, overruled and denied, and it is further determined that said
protests and objections are made by the owners of less than one -half of the area of
property to be assessed for said improvements within said Assessment District.
BENEFITS RECEIVED
SECTION 3. That it is hereby determined that all properties within the bounda-
ries of the Assessment District receive a local and direct benefit from the works of
improvement as proposed for said Assessment District, and it is hereby further deter-
mined and declared that all assessable costs and expenses have been apportioned and
spread over the properties within the boundaries of the ASsessment District in
direct proportion to the benefits received thereby.
PUBLIC INTEREST AND CONVENIENCE
SECTION 4. That the public interest and convenience require the proposed
improvements to be made, and therefore it is hereby ordered that the work to be done
and improvements to be made, together with appurtenances and appurtenant work in
connection therewith, including acquisition where appropriate, in said Assessment
District, as set forth in the Resolution of Intention previously adopted and as set
forth in the "Report" presented and considered, and as now submitted.
•
CONFIRMATION OF ASSESSMENT
SECTION 5. That the "Report ", as now updated and submitted, consisting of the
assessment and diagram for the improvements, together with appurtenances and appurte-
nant work in connection therewith, including acquisition where appropriate, is
hereby confirmed, and the assessment contained in said "Report" is hereby levied
• upon the respective subdivisions of land in the Assessment District as set forth in
said "Report ".
The assessments contained in the final Engineer's "Report" are
hereby levied and approved as follows:
A. The final assessments to represent the costs and expenses to
finance the public works of improvement, as authorized for these proceedings.
B. The annual assessment to pay for administrative costs in an
amount not to exceed the maximum annual assessment as set forth in said "Report ".
ASSESSMENT VALUATION
SECTION 6. That this legislative body hereby finds and determines that the
total amount of the principal sum of all unpaid special assessments proposed to be
levied, as well as any outstanding special assessments, does not exceed 1/2 the
total true value of the parcels proposed to be assessed under these proceedings, and
this finding shall be final and conclusive.
This legislative body further finds that the project is feasible
and that the lands to be assessed will be able to carry the burden of the proposed
assessment, and it is hereby further determined, if and as applicable, that the
limitations of the amounts of assessments provided for in Division 4 of the Streets
and Highways Code of the State of California be disregarded both with respect to the
limitation on the Assessment District as a whole, and as to the limitation on
individual specific assessments, as applicable.
CONTRIBUTION
SECTION 7. That the appropriation of the monies as set forth as a contribution
in the Engineer's "Report" as herein presented relating to this Assessment District
is hereby approved and authorized. Said contribution is authorized pursuant to
Section 10205 of the "Municipal Improvement Act of 1913 ", being Division 12 of the
• Streets and Highways Code of the State of California.
RECORDATION OF ASSESSMENT
SECTION 8. That the City Clerk shall forthwith deliver to the Superintendent
of Streets the said assessment, together with the diagram attached thereto and made
a part thereof, as confirmed, with his certificate of such confirmation attached and
the date thereof; and that said Superintendent of Streets shall then immediately
• record said diagram and assessment in his Office in a suitable book to be kept for
that purpose and attach thereto his certificate of the date of such recording.
COUNTY RECORDER NOTICE
SECTION 9. Upon confirmation of the assessments and recordation of the assess-
ment roll and diagram, a certified copy of the assessment diagram shall be imme-
diately filed in the Office of the County Recorder. immediately thereafter, a copy
of the notice of assessment shall be recorded in the Office of the County Recorder
in the manner and form as set forth by law and specifically Section 3114 of the
Streets and Highways Code of the State of California.
MAILED NOTICE
SECTION 10. That said City Clerk, upon the recording of said diagram and
assessment, shall mail to each owner of real property within the Assessment District
at his last known address, as the same appears on the tax rolls of the County or on
file in the Office of the City Clerk, or to both addresses if said address is not
the same, or to General Delivery when no address so appears, a statement containing
a designation by street number or other description of the property assessed suffi-
cient to enable the owner to identify the same, the amount of the assessment, the
time and place of payment thereof, the effect of failure to pay within such time,
and a statement of the fact that bonds will be issued on unpaid assessments pursuant
to the "Improvement Bond Act of 1915 ".
PUBLICATION
SECTION 11. That said City Clerk shall also give notice by publishing a copy
of a notice of recording of assessment in the newspaper previously selected to
publish all notices as provided by law, giving notice that said assessment has been
recorded in the Office of the Superintendent of Streets, and that all sums assessed
thereon are due and payable immediately, and that the payment of said sums is to be
• made within thirty (30) days after the date of recording the assessment, which date
shall be so stated in said notice, and of the fact that securities will be issued
upon unpaid assessments.
ASSESSMENT COLLECTION
SECTION 12. The County Auditor is hereby authorized and directed, in accor-
dance with the provisions of Section 8682 of the Streets and Highways Code of the
State of California, to enter into his assessment roll on which property taxes will
next become due, opposite each lot or parcel of land affected, in a space marked
• "public improvement assessment" or by other suitable designation, the next and
several installments of such assessment coming due during the ensuing fiscal year
covered by the assessment roll and that said entry then shall be made each year
during the life of the bonds for the proceedings for the above - referenced Assessment
District. This authorization is continual until all assessment obligations have
been discharged and the bonds terminated.
As an alternate, and when determined to be in the best interests
for bondholders of the Assessment District, this legislative body may, by Resolu-
tion, designate an official other than the County Tax Collector and /or other agent,
to collect and maintain records of the collection of the assessments, including a
procedure other than the normal property tax collection procedure.
SECTION 13. In accordance with the provisions of Section 8685 of the Streets
and Highways Code, if any lot or parcel of land affected by any assessment is not
separately assessed on the tax roll so that the installment of the assessment to be
collected can be conveniently entered thereon, then the Auditor shall enter on the
roll a description of the lot or parcel affected, with the name of the owners, if
known, but otherwise the owners may be described as "unknown owners ", and extend the
proper installment opposite the same.
ASSESSMENT VERIFICATION STATEMENT
SECTION 14. The County Auditor shall, within 90 days after any special assess-
ment installment becomes delinquent, render and submit a detailed report showing the
amounts of the installments, interest, penalties and percentages so collected, for
the preceding term and installment date, and from what property collected, and
further identify any properties which are delinquent and the amount and length of
time for said delinquency, and further set forth a statement of percentages retained
for the expenses of making such collections. This request is specifically made to
• the authorization of Section 8683 of the Streets and Highways Code of the State of
California.
ASSESSMENT DISTRICT FUNDS
SECTION 15. That the Treasurer is hereby authorized at this time, if not
previously done, to establish the following funds as necessary for the payment of
costs and expenses and administration of the proceedings for this Assessment
District:
• A. IMPROVEMENT FUND: All monies received from cash collection,
proceeds from the sale of bonds and applicable contributions shall be placed into
the Improvement Fund.
B. RESERVE FUND: All monies as designated to assist in the
payment of delinquencies shall be placed into the Reserve Fund.
C. REDEMPTION FUND! All monies received from the payment of
assessments shall be placed in the Redemption Fund.
For particulars as to the administration and handling of the
Funds, the specific terms and conditions shall be set forth in the Bond Indenture
and approved through the Resolution Authorizing the Issuance of Bonds.
APPROVED and ADOPTED this 13th day of November , 1990.
ATTEST:
CIrrY CLERK
41
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF NEWPORT BEACH
I, WANDA E. RAGGIO, CITY CLERK of the CITY OF NEWPORT BEACH, CALIFORNIA, DO
HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 90 -107 , 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 13th day of November , 1990, and that the same
was passed and adopted by the following vote:
AYES:
COUNCIL
MEMBERS
TURNER, WATT, SANSONE, PLUMMER, }TART, STRAUSS, COX
NOES:
COUNCIL
MEMBERS
NONE
ABSENT:
COUNCIL
MEMBERS
NONE
ABSTAIN: COUNCIL MEMBERS NONE
EXECUTED this Zwday of ZLW—;&jZ x6i-1 1990, at Newport Beach, California.
[SEAL)
•
Jj / ✓ a Z/i i
CITY CLERK TL
tp CITY OF NEWPORT BEACH Id
STATE OF CALIFORNIA