HomeMy WebLinkAbout91-29 - Assessment District 61 East Bay AvenueRESOLUTION NO. 91 -29
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, DECLARING INTENTION
AND COVERING PRELIMINARY DETERMINATION TO ORDER
THE INSTALLATION OF CERTAIN IMPROVEMENTS IN A
PROPOSED ASSESSMENT DISTRICT; ORDERING THE PRE-
PARATION OF A REPORT 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 inten-
tion 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. 61 (EAST BAY AVENUE AND EAST BAY FRONT FROM "J" STREET TO
"M" STREET) (hereinafter referred to as the "Assessment District ").
DESCRIPTION OF IMPROVEMENTS
A. The conversion of existing overhead electrical and communica-
tion facilities to underground locations, together with appurtenant work, in
EAST BAY AVENUE and EAST BAY FRONT
between
"J" STREET and "M" STREET
to serve and benefit properties located within the boundaries of the Assessment
District.
B. Said streets, rights -of -way and easements shall be shown upon
the plane 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
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 proper-
ties and land within the Assessment District, and this legislative body 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
benefited by or to be assessed to pay the costs and expenses of said work and
improvements in the Assessment District, said map titled and identified as "PROPOSED
BOUNDARIES OF ASSESSMENT DISTRICT NO. 61 (EAST BAY AVENUE AND EAST BAY FRONT FROM
"J" STREET TO "M" STREET) ", and which map was heretofore approved and which said or
diagram is on file with the transcript of these proceedings, EXCEPTING therefrom 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, reference 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 map on file shall govern.
REPORT OF ENGINEER
. SECTION 3. That this proposed improvement is hereby referred to the SUPERINTEN-
DENT 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 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, 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 installed
under these proceedings, and acquisition, where necessary.
F. The total amount, as near as may be determined, of the princi-
pal 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
portion or percentage
expenses of said work
remainder of the estin
subdivisions by their
this Section.
paid from sources other than assessments, the amount of such
shall first be deducted from the total estimated costs and
and improvements, and said assessment shall include only the
sated costs and expenses. Said assessment shall refer to said
respective numbers as assigned pursuant to Subsection D. of
BONDS
SECTION 4. Notice is hereby given that bonds to represent the unpaid assess-
ments, 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 "Improve-
ment Bond Act of 1915 ", being Division 10 of the Streets and Highways Code of the
State of California, which bonds shall mature a maximum of and not to exceed
FOURTEEN (14) 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 alter-
native procedure for the advance payment of assessments and the calling of bonds
shall apply.
isThe 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.
Refunding
Any bonds issued pursuant to these proceedings and Division (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 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 (58) of the total from the Improvement Fund;
ment; or
B. As a credit upon the assessment and any supplemental assess-
C. For the maintenance of the improvement.
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 improve-
ments 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 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 descrip-
tion 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, includ-
ing information relating to protest procedure, your attention is directed to the
person designated below:
KENNETH PERRY, CIVIL ENGINEER
CITY OF NEWPORT BEACH
3300 NEWPORT BLVD.
NEWPORT BEACH, 'CA 92658
TELEPHONE: (714) 644 -3311
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 autho-
rity 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
608 in area of the property subject to assessment for said improvement has been
signed and filed with the legislative body, as said petition is authorized and
allowed under the provisions of the "Special Assessment Investigation, Limitation
and Majority Protest Act of 1931 ", being Division 4 of the Streets and Highways code
of the State of California.
DIVISION 4 PROCEEDINGS
SECTION 14. It is the intention of this legislative body to fully comply with
the proceedings and provisions of the "Special Assessment Investigation, Limitation
and Majority Protest Act of 1931 ", being Division 4 of the Streets and Highways Code
of the State of California. A combined Report, as authorized by Section 2961, will
be on file with the transcript of these proceedings and open for public inspection.
WORK ON PRIVATE PROPERTY
SECTION 15. It is hereby further determined to be in the best public interest
and convenience and more economical to do certain work on private property to elimi-
nate 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.
ANNUAL ADMINISTRATIVE ASSESSMENT
SECTION 16. 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
reserve of other related funds.
UTILITY IMPROVEMENTS
SECTION 17. This legislative body further proposes to enter into an Agreement
with Southern California Edison and General Telephone Co., 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 11th day of March , 1991.
MAYOR L-
ATTEST:
CITY CLERK
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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. 91 -29 , 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 11th day of March 1991, and that the same
was passed and adopted by the following vote:
AYES: COUNCIL MEMBERS HEDGES, WATT, TURNER, SANSONE, HART, COX, PLUMMER
NOES: COUNCIL MEMBERS NONE
ABSENT: COUNCIL MEMBERS NONE
ABSTAIN: COUNCIL MEMBERS NONE
EXECUTED thisi'dt day of , 1991, at Newport Beach, California.
CITY CLERK
CITY OF NEWPORT BEACH
C1�1RA STATE OF CALIFORNIA
[SEAL]
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