HomeMy WebLinkAbout2010-34 - Declaring Intention to Order Construction AD 100RESOLUTION NO. 2010 -34
RESOLUTION DECLARING INTENTION TO ORDER THE
CONSTRUCTION OF CERTAIN IMPROVEMENTS IN PROPOSED
ASSESSMENT DISTRICT NO. 100 (13th ST /BALBOA BLVD /ADAMS
ST /OCEAN FRONT), DESCRIBING THE DISTRICT TO BE ASSESSED TO
PAY THE COSTS AND EXPENSES THEREOF, PROVIDING FOR THE
ISSUANCE OF BONDS, AND DECLARING INTENTION TO DESIGNATE
THE AREA AN UNDERGROUND UTILITIES DISTRICT
WHEREAS, certain property owners owning more than sixty percent (60 %) of the
area of all assessable lands within the proposed assessment district, including more than
five such property owners, have submitted signed counterparts of a petition (the 'Petition ")
to the City Clerk, requested the formation of a special assessment district, to be designated
as Assessment District No. 100 (13th St/Balboa Blvd /Adams St/Ocean Front) (the
"Assessment District'), to provide for the conversion of certain overhead electrical and
communication facilities to underground locations as described in the map hereinafter
approved, together with appurtenances and appurtenant work in connection therewith,
pursuant to the terms and provisions of the ordinances of the City of Newport Beach (the
"City ") and the "Municipal Improvement Act of 1913" (the "1913 Act'), being Division 12 of
the Streets and Highways Code (the "Code "); and
WHEREAS, the City Clerk has issued and has presented this City Council with a
certificate of sufficiency pursuant to Section 5896.7 of the Code; and
WHEREAS, this City Council intends to designate the area comprising the
Assessment District as an underground utilities district pursuant to Chapter 15.32 of the
Code of Ordinances of the City (the "Ordinance Code "); and
WHEREAS, the conversion of the overhead electrical and communication facilities to
underground locations, together with appurtenances and appurtenant work in connection
therewith, as requested by the Petition, is to be done to further public safety and welfare
and to improve aesthetics within the area of the Assessment District; and
WHEREAS, this City Council has been presented and has adopted a map (the
"Boundary Map ") showing and describing the boundary of the Assessment District;
NOW THEREFORE, Be it Determined, Resolved, and Ordered as follows:
SECTION 1. The public interest and convenience require, and it is the intention of
this City Council to order, as requested by the Petition and pursuant to the 1913 Act, the
conversion of the overhead electrical and communication facilities within the Assessment
District to underground locations, to assess the cost thereof against the real property
specially benefited thereby, and to designate the area an underground utilities district.
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SECTION 2. The conversion project to be implemented (the "Project ") is generally
described as follows:
A. The Project generally consists of the conversion of existing overhead
electrical and communication facilities to underground locations within the
area shown on the Boundary Map, together with appurtenances and
appurtenant work thereto, all to serve and specially benefit the properties
within the Assessment District.
B. All rights -of -way and easements required for the Project will be shown upon
the plans (the "Project Plans ") which will be filed in the office of the
Superintendent of Streets and incorporated by reference in the Assessment
Engineer's Report (described below).
C. All of the improvement work to be performed will be performed in the
locations and to the sizes, dimensions and materials, and to the lines, grades
and elevations, as shown and delineated upon the Project Plans, subject to
such changes as made be authorized prior to or during the course of
construction of the Project in accordance with the specifications and other
contract documents.
D. The Project Plans, as incorporated by reference in the Assessment
Engineer's Report, will be controlling as to the correct and detailed
description of the Project.
SECTION 3. The proposed Assessment District and the Project are hereby referred
to Harris & Associates, designated by prior resolution of this City Council as the
Assessment Engineer for the Assessment District, and directs the Assessment Engineer to
make and file with the City Clerk for presentation to this City Council a written report (the
"Assessment Engineer's Report") containing the matters prescribed by 10204 of the Code,
as supplemented by Article XIIID of the California Constitution and Section 53753 of the
Government Code.
SECTION 4. Notice is hereby given that limited obligation improvement bonds to
represent the unpaid assessments will be issued in accordance with the "Improvement
Bond Act of 1915" (the "1915 Act "), being Division 10 of the Code, which bonds will be
issued in one or more series, each with 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 date, and bearing interest at a rate or rates not to
exceed the legal maximum. The provisions of Part 11.1 of the 1915 Act, providing an
alternative procedure for the advance payment of assessments and the calling of bonds, will
apply.
The principal amount of the bonds maturing each year will 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.
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Pursuant to Section 10603 of the Code, the City Treasurer is hereby designated as
the officer to collect and receive the payments on account of assessments during the cash
collection period.
SECTION 5. In the event surplus funds remain in the Improvement Fund for the
Assessment District following completion of the Project and payment of all claims from the
Improvement Fund, this City Council shall determine the amount of such surplus, which will
be used, in such amounts as this City Council may determine, in accordance with the
provisions of Section 10427 of the Code for one or more of the following purposes:
A. Transfer to the general fund; provided that the amount of any such transfer
does not exceed the lesser of One Thousand Dollars ($1,000.00) or five
percent (5 %) of the total of the surplus in the Improvement Fund;
B. As a credit upon the assessment and any supplemental assessment;
C. For the maintenance of the improvements that comprise the Project; or
D. To call bonds.
SECTION 6. By Resolution No. 2010 -33 adopted this same date, this City Council
has established the Improvement Fund, which will be identified and designated by the name
of the Assessment District, and into such fund monies may be transferred at any time to
expedite the implementation of the Project, and any advancement of funds is a loan that will
be repaid out of the proceeds of the sale of bonds as authorized by law.
SECTION 7. For any and all information relating to these proceedings, including
information relating to protest procedure, your attention is directed to the person designated
below:
Iris Lee, P.E., T.E., Senior Civil Engineer
City of Newport Beach
Public Works Department
Newport Beach, California 92658
(949) 644 -3323
SECTION 8. 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 the Assessment District to be accomplished. The Assessment Engineer's
Report, upon adoption, will 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.
SECTION 9. Pursuant to Section 8769 of the Code, this City Council hereby
declares that the City will not obligate itself to advance available funds from the City
treasury to cure any deficiency that may occur in the bond redemption fund for the
Assessment District.
SECTION 10. This City Council hereby declares that it proposes to authorize the
levy an annual assessment pursuant to subsection (f) of Section 10204 of the Code, such
annual assessment to pay costs incurred by the City and not otherwise reimbursed which
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result from the administration and collection of assessments and from the administration
and registration of assessment bonds and the related bond funds.
SECTION 11. Pursuant to Section 10110 of the Code, it is the intention of this City
Council with respect to those Project improvements to be owned, managed, or controlled by
a regulated public utility, prior to ordering the construction of improvements, to enter into an
agreement with each such regulated public utility with respect to those Project
improvements to be owned, controlled or managed by the utility.
SECTION 12. As a supplement to the Petition, this City Council hereby declares
that it intends to comply with the requirements of the Special Assessment Investigation,
Limitation and Majority Protest Act of 1931, being Division 4 of the Code, by proceeding
under Part 7.5 of said Division 4. For that purpose, the Assessment Engineer is directed to
include in the Assessment Engineer's Report the information prescribed by Section 2961 of
the Code.
SECTION 13. This City Council hereby declares that it intends to designate the area
comprising the Assessment District as an underground utilities district pursuant to Chapter
15.32 of the Ordinance Code.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of
the City of Newport Beach held on the 13th day of April, 2010 by the following vote:
ATTEST•
City Clerk
1391985.2
Mayor
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, 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. 2010 -34 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 13th day of
April, 2010, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Selich, Rosansky, Webb, Gardner, Daigle, Mayor Curry
Noes: None
Absent: None
Abstain: Henn
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 14th day of April, 2010.
City Clerk
Newport Beach, California
(Seal)