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HomeMy WebLinkAbout92-38 - Special Assessment District 63 - Newport IslandRESOLUTION NO. 92 -38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DECLARING INTENTION TO ORDER THE INSTALLATION OF CERTAIN IMPROVE- MENTS 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. 63 (NEWPORT ISLAND) (hereinafter referred to as the "Assessment District "). DESCRIPTION OF IMPROVEMENTS A. The installation and financing of certain public improvements generally described as the conversion of existing overhead electrical and communica- tion facilities to underground locations and the installation of street lights 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, 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 Assess- ment District, said map titled and identified as "PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 63 (NEWPORT ISLAND) ", and which map was heretofore approved and which said map 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 bounda- ries 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 BSI CONSULT- ANTS, INC., 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 constructed under these proceedings, and acquisition, where necessary. 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. The principal amount of the bonds maturing each year shall be other than an amount equal to bonds, and the amount interest payable in that each year, except for the • Pursuant in even annual proportion of the aggregate principal of the of principal maturing in each year, plus the amount of year, will be generally an aggregate amount that is equal first year's adjustment. 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 (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 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 PERRY ENGINEERING DEPARTMENT CITY OF NEWPORT BEACH P. O. BOX 1768 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 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 ". 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, and no further proceedings or actions will be required 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 14. 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 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. ANNUAL ADMINISTRATIVE ASSESSMENT SECTION 15. 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 ® and not otherwise reimbursed which result from the administration and collection of . assessment,, or from the administration or registration of any associated bonds and reserve of other related funds. UTILITY IMPROVEMENTS SECTION 16. This legislative body further proposes to enter into Agreements with Southern California Edison Company and Pacific Bell, said Agreement 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 Agreement shall be, upon approval, on file in the Office of the City Clerk. APPROVED and ADOPTED this 27th day of April , 1992. MAYOR CITY OF NEWPORT BEACH STATE OF CALIFORNIA ATT T %� 64�- CITY CLERK CITY OF NEWPORT BEAC STATE OF CALIFORNIA • 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. 92 -38 , 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 27th day of April 1992, and that the same was passed and adopted by the following vote: AYES: COUNCIL MEMBERS HEDGES, TURNER, SANSONE, HART, COX, PLUMMER NOES: COUNCIL MEMBERS NONE ABSENT: COUNCIL MEMBERS WATT ABSTAIN: COUNCIL MEMBERS NONE EXECUTED this day of 1992, at Newport Beach, California. CITY CLERK , CITY OF NEWPORT BEAC STATE OF CALIFORNIA [SEAL] •