HomeMy WebLinkAbout2008-69 - Assessment District 99-2RESOLUTION NO. 2008- 69
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH DECLARING INTENTION TO ORDER THE CONSTRUCTION OF
CERTAIN IMPROVEMENTS IN PROPOSED ASSESSMENT DISTRICT
NO. 99 -2 (BALBOA BOULEVARD ALLEY), DECLARING THE
IMPROVEMENTS TO BE OF SPECIAL BENEFIT, DESCRIBING THE
DISTRICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES
THEREOF, PROVIDING FOR THE ISSUANCE OF BONDS, AND TO
DESIGNATE THE AREA AN UNDERGROND UTITLITES DISTRICT
WHEREAS, this legislative body has instituted proceedings for the formation of a
special assessment district designated as Assessment District No. 99 -2 (Balboa Boulevard
Alley) (hereinafter referred to as the "Assessment District ") to provide for the conversion of
certain overhead electrical and communication facilities to underground locations, together
with appurtenances and appurtenant work in connection therewith, 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 California (the "Act");
WHEREAS, this legislative body desires to ascertain whether the area comprising
the Assessment District should also be designated an underground utilities district pursuant
to Chapter 15.32 of the Code of Ordinances of the City of Newport Beach (the "City ");
WHEREAS, the conversion of the overhead electrical and communication facilities
to underground locations, togetherwith appurtenances and appurtenant work in connection
therewith, is to be done to further public safety and welfare and to improve aesthetics
within the area of the Assessment District;
WHEREAS, this legislative body has been presented and has received a map (the
"Map ") showing and describing the boundary of the area proposed to be assessed in the
Assessment District;
WHEREAS, the assessment proceedings for the Assessment District were initiated
by owners of the real property within the Assessment District;
NOW THEREFORE, Be it Determined, Resolved, and Ordered as follows:
DECLARATION OF INTENTION
SECTION 1. The public interest and convenience require, and it is the intention of
this legislative body to order, pursuant to the Act, the construction of the public
improvements hereinafter described in and forthe Assessment District, to assess the cost
thereof against the real property specially benefited thereby, and to designate the area an
underground utilities district.
DESCRIPTION OF IMPROVEMENTS
SECTION 2. The public improvements to be constructed and the manner of the
construction are generally described as follows:
A. The improvements generally consist of the conversion of existing overhead
electrical and communication facilities to underground locations within the
area shown on the Map, togetherwith appurtenances and appurtenant work
thereto, all to serve and specially benefit the properties within Assessment
District No. 99 -2 (Balboa Boulevard Alley).
B. All rights -of -way and easements required for the improvements shall be
shown upon the plans to be made a part of the Assessment Engineers
Report (described below) and to be filed with these proceedings.
C. All of the improvements to be constructed are to be installed at the places
and in the particular locations, and to the sizes, dimensions and materials,
and to the lines, grades and elevations, as shown and delineated upon the
plans, profiles and specifications all to be made a part of the Assessment
Engineer's Report.
D. The description of the improvements contained in this Resolution is general
and the plans and profiles of the work as contained in the Assessment
Engineer's Report shall be controlling as to the correct and detailed
description thereof.
DESCRIPTION OF ASSESSMENT DISTRICT
SECTION 2. The improvements are of special benefit to the real property within the
Assessment District, and this legislative body hereby makes the expenses of the
construction of such improvements chargeable upon the Assessment District that is
described as follows:
All real property and other territory in the proposed Assessment District
included within the exterior boundary lines shown on the Map described
above, which Map, entitled "Proposed Boundaries Assessment District No.
99 -2 (Balboa Boulevard Alley)," was previously approved by this legislative
body, exhibits the property specially benefited and proposed to be assessed
to pay the costs and expenses of the construction of the work and
improvements, and is on file with the transcript of these proceedings. For all
particulars as to the boundaries of the Assessment District, reference is
hereby made to the boundary Map.
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REPORT OF THE ASSESSMENT ENGINEER
SECTION 3. The proposed improvements are hereby referred to Harris &
Associates (the "Assessment Engineer') who is hereby directed to make and file a report
as required by the Improvement Act, The Special Assessment Investigation, Limitation, and
Majority Protest Act of 1931, Article XIIID of the Constitution of the State of California, and
the Omnibus Proposition 218 Implementation Act (Government Code Section 53750), such
report (the "Assessment Engineers Report") shall be in writing and contain the following:
A. Plans and specifications of the improvements proposed to be constructed;
B. An estimate of the cost of the construction of the improvements proposed to
be constructed, including the cost of the incidental expenses, in connection
therewith;
C. A diagram showing the Assessment District, which shall also show the
boundaries and dimensions of the respective real property and other territory
within such Assessment District, as the same existed at the time of the
passage of this Resolution of Intention, each of which subdivisions shall be
given a separate number upon such diagram;
D. The proposed assessment of the assessable costs and expenses of the
construction of the proposed improvements upon the real property in the
Assessment District in proportion to the estimated special benefits to be
received by the real property, respectively, from such improvements. Such
assessment shall refer to such real property upon such diagram by the
respective numbers thereof;
E. The description of the improvements proposed to be constructed under
these proceedings.
When any portion or percentage of the assessable costs and expenses of the
construction 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 such construction, and such assessment shall include only the remainder
of the estimated costs and expenses. The assessment shall refer to the subdivisions by
their respective numbers as assigned pursuant to subparagraph D above.
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, will be issued hereunder in the manner provided in the Improvement Bond Act of
1915 (Streets and Highways Code Section 8500, etseq.), which bonds shall be issued for
a term not to exceed the legal maximum term as authorized by law, namely, thirty-nine (39)
years from the second day of September next succeeding twelve (12) months from their
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date. The provisions of Part 11.1 of the 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 Improvement Act and specifically Streets and
Highways Code Section 10603, the Treasurer is hereby designated as the officerto collect
and receive the assessments during the cash collection period.
CONSTRUCTION
SECTION 5. Except as may otherwise be provided for in the issuance of the bonds
described above, all of the improvements shall be constructed pursuant to the provisions of
the Act.
SURPLUS FUNDS
SECTION 6. 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 improvements; or
D. To call bonds.
IMPROVEMENT FUND
SECTION 7. The legislative body hereby establishes a special improvement fund
identified and designated by the name of this Assessment District, and into such fund
monies may be transferred at any time to expedite the construction of the authorized
improvements, 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.
PROCEEDINGS INQUIRIES
SECTION 8. For any and all information relating to these proceedings, including
information relating to protest procedure, your attention is directed to the person
designated below:
Alfred Castanon, Associate Engineer
City of Newport Beach
P.O. Box 1794
Newport Beach, California 92658
(949) 644 -3314
PUBLIC PROPERTY
SECTION 9. All public property shall be subject to assessment in these
proceedings.
RIGHTS -OF -WAY
SECTION 10. 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. The Assessment Engineer's
Report, upon adoption, shall provide certification that the land, rights -of -way or easements
have been acquired or will be acquired as part of the construction of the improvements.
NO CITY LIABILITY
SECTION 11. This legislative body hereby declares the City will not obligate itself to
advance available funds from the Citytreasury to cure any deficiency that mayoccur in the
bond redemption fund for the Assessment District.
ANNUAL ADMINISTRATIVE ASSESSMENT
SECTION 12. 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, such annual assessment to pay costs incurred by the City and not
otherwise reimbursed which result from the administration and collection of assessments
and from the administration and registration of assessment bonds and the related bond
funds.
UTILITY IMPROVEMENTS
SECTION 13. Pursuant to Section 10110 of the Streets and Highways Code of the
State of California, it is also the intention of this legislative body with respect to the
improvements to be owned, managed, or controlled by any other public agency, regulated
public utility, or mutual water company, prior to ordering the construction of improvements,
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to enter into an agreement with each public utility company or public agency, or any
combination thereof with respect to the improvements to be owned, controlled or managed
by the utility or agency.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of
the City of Newport Beach held on the 22nd day of July, 2008.
ATTEST:
City Clerk
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STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
resolution, being Resolution No. 2008 -69 was duly and regularly introduced before and adopted by
the City Council of said City at a regular meeting of said Council, duly and regularly held on the
22nd day of July 2008, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Henn, Rosansky, Daigle, Curry, Webb, Gardner, Mayor Selich
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 23rd day of July 2008.
(Seal)
City Clerk
Newport Beach, California