HomeMy WebLinkAbout2008-7 - Assessment District 92RESOLUTION NO. 2008- 7
RESOLUTION DECLARING THE RESULTS OF THE BALLOT
TABULATION, APPROVING THE ASSESSMENT ENGINEER'S REPORT,
CONFIRMING ASSESSMENTS FOR ASSESSMENT DISTRICT NO. 92,
ORDERING THE ACQUISITION OF IMPROVEMENTS, AND
DESIGNATING THE AREA AN UNDERGROUND UTILITIES DISTRICT
WHEREAS, this City Council has previously adopted its Resolution of Intention and
initiated proceedings for the acquisition of certain public works of improvement, namely, the
conversion of certain overhead electrical and communication facilities to underground
locations, together with appurtenances and appurtenant work, in a special assessment
district designated as Assessment District No. 92 (hereinafter referred to as the
"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 California
(the "Improvement Act ");
WHEREAS, this City Council finds that the public necessity, health, safety and
welfare require the removal of poles, overhead wires and associated overhead structures
within the area of the Assessment District and the underground installation of wires and
facilities for supplying electric, communication or similar or associated services;
WHEREAS, this City Council further finds that the area comprising the Assessment
District should be designated an underground utilities district pursuant to Chapter 15.32 of
the Code of Ordinances of the City of Newport Beach;
WHEREAS, the final Assessment Engineer's Report contains all the matters and
items called for pursuant to the provisions of the Improvement Act, Article XIIID of the
Constitution of the State of California ( "Article XIIID"), and the Proposition 218 Omnibus
Implementation Act (commencing with Section 53750 of the Government Code) (the
"Implementation Act ") (the Improvement Act, Article XIIID, and the Implementation Act are
referred to herein collectively as the "Assessment Law "), including the following:
1. Plans and specifications of the improvements proposed to be acquired;
2. Estimate of cost of acquisition of the improvements proposed to be acquired;
3. Diagram of Assessment District identifying all parcels that will receive a
special benefit conferred upon them from the acquisition of the improvements and upon
which an assessment is proposed to be imposed;
4. An assessment proportionate to the special benefit to be conferred upon
each parcel to be assessed;
5. A description of the works of improvement proposed to be acquired;
6. An estimate of the time required to complete the conversion.
WHEREAS, notices of a public hearing, accompanied by ballot materials, were
mailed in the time, form and manner required by the Assessment Law and as evidenced by
a certificate on file with the transcript of these proceedings, a full public hearing on the
improvements and assessments was held on the date hereof, and at the conclusion of the
public hearing all ballots submitted pursuant to the Assessment Law were tabulated, all in
the manner provided by the Assessment Law;
WHEREAS, this City Council hereby determines that the ballots received by the City
Clerk in opposition to the proposed assessment and weighted as required by the
Assessment Law do not exceed the ballots received in favor of the assessment and
similarly weighted and, therefore, a majority protest does not exist;
WHEREAS, this City Council now desires to approve, confirm and order the
improvements and assessments as set forth in the Assessment Engineer's Report as
submitted;
NOW, THEREFORE, the City Council of the City of Newport Beach does hereby
Determine, Order and Resolve as follows:
RECITALS
SECTION 1. The above recitals are all true and correct.
WRITTEN PROTESTS
SECTION 2. All protests and objections of every kind and nature submitted
pursuant to the Improvement Act are hereby overruled and denied.
BALLOT TABULATION PURSUANT TO ARTICLE MID
SECTION 3. The ballots submitted pursuant to the Assessment Law in opposition to
the assessment and weighted as required by the Assessment Law do not exceed the
ballots submitted in favor of the assessment and similarly weighted, and it is thereby
determined that a majority protest pursuant to the Assessment Law does not exist.
SPECIAL BENEFITS RECEIVED
SECTION 4. Based upon the Assessment Engineer's Report and the testimony and
other evidence received at the public hearing, it is hereby determined that:
A. All assessed properties within the boundaries of the Assessment District receive
a special benefit from the works of improvement as proposed to be acquired for said
Assessment District;
B. The proportionate special benefit derived by each parcel proposed to be
assessed has been determined in relationship to the entirely of the cost of the acquisition
of the works of improvement;
C. No assessment to be imposed on any parcel exceeds the reasonable cost of the
proportional special benefit to be conferred on such parcel;
D. Only special benefits have been assessed and all parcels receiving a special
benefit are to be assessed.
PUBLIC INTEREST AND CONVENIENCE
SECTION 5. The public interest and convenience require the acquisition of the
improvements, the proposed project is feasible, and the lands to be assessed will be able
to carry the burden of such proposed assessment. Therefore, it is hereby ordered that the
improvements be acquired, together with appurtenances and appurtenant work in
connection therewith, in said Assessment District, as set forth in the Resolution of Intention
previously adopted and as set forth in the Assessment Engineers Report presented and
considered at the public hearing.
ASSESSMENT ENGINEER'S REPORT
SECTION 6. The final Assessment Engineer's Report, as now submitted, updated
and amended, is hereby approved and said Report shall stand as the report as required by
the Assessment Law for all future proceedings for this Assessment District.
CONFIRMATION OF ASSESSMENT
SECTION 7. The assessments, as now filed in the Assessment Engineer's Report
and diagram for the improvements to be acquired, together with appurtenances and
appurtenant work in connection therewith, are hereby confirmed.
The assessments contained in the Assessment Engineer's Report are hereby levied
and approved as follows:
A. The final assessments to represent the costs and expenses to finance
acquisition of the works of improvement, including the portion for possible federal tax
liability, as authorized by these proceedings and the Assessment Law.
B. The annual assessment to pay for administrative costs in an amount not to
exceed the maximum annual assessment as set forth in the Assessment Engineer's
Report.
RECORDATION OF ASSESSMENT
SECTION 8. The City Clerk shall forthwith deliver to the Superintendent of Streets
the assessment, together with the diagram attached thereto and made a part thereof, as
confirmed, with a 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
assessment roll and diagram, a certified copy of the assessment diagram shall be 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. Upon recordation of the diagram and assessment, a notice shall be
mailed to each owner of real property within the Assessment District at the owner's last
known address, as said address appears on the last equalized tax rolls of the County, said
notice to set forth a statement containing a designation of the property assessed, as well
as the amount of the final confirmed assessment, and further indicating that bonds will be
issued pursuant to the "Improvement Bond Act of 1915 ".
PUBLICATION
SECTION 11. Notice shall also be given by publication in the designated legal
newspaper, said notice setting forth the amount of the final assessment and indicating that
said assessment is now due and payable, and further indicating that if said assessment is
not paid within the allowed thirty (30) day cash collection period, bonds shall be issued as
authorized by law.
ASSESSMENT COLLECTION
SECTION 12. The County Auditor is hereby authorized and directed, in accordance
with the provisions of Section 8682 of the Streets and Highways Code of the State of
California, to enter into the 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 Resolution, designate an official
other than the County Tax Collector to collect and maintain records of the collection of the
assessments, including a procedure other than the normal property tax collection
procedure.
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 13. The County Auditor is directed, within 90 days after any special
assessment installment becomes delinquent, to render and submit a detailed report
showing the amounts of the installments, interest, penalties and percentages so collected,
forthe 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 direction is specifically made pursuant to the authorization of
Section 8683 of the Streets and Highways Code of the State of Califomia.
ASSESSMENT DISTRICT FUNDS
SECTION 14. 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 collections, proceeds from
the sale of bonds, and applicable contributions shall be placed into the Improvement Fund.
B. Reserve Fund' 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 a Bond Indenture to be approved by the subsequent
adoption of a Resolution Authorizing the Issuance of Bonds.
UNDERGROUND UTILITIES DISTRICT DESIGNATION
SECTION 15. The Assessment District area is hereby designated an underground
utilities district pursuant to Chapter 15.32 of the Code of Ordinances of the City of Newport
Beach. A description of the area included within the underground utilities district is
contained in the Assessment Engineer's Report and incorporated herein by this reference.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of
the City of Newport Beach held on the 22nd day of January, 2008, by the following vote:
AYES: Henn, Rosansky, Daigle, Webb, Curry, Gardner, Mayor Selich
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
III ri.
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } as.
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 -7 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 January 2008, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Henn, Rosansky, Daigle, Webb; Curry, 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 January 2008.
(Seal)
City Clerk
Newport Beach, California