HomeMy WebLinkAbout2012-55 - Declaring Its Intention to LevyRESOLUTION NO. 2012 -55
RESOLUTION OF THE COUNCIL OF THE CITY OF NEWPORT BEACH DECLARING
ITS INTENTION TO LEVY REASSESSMENTS AND TO ISSUE REFUNDING BONDS
WHEREAS, the City Council (the "Council') of the City of Newport Beach (the "City ") has
previously adopted its Resolutions of Intention with respect to Assessment Districts 68, 69, 70, 74,
75, 78, 79, 82, 86, 92, 99 -2, 100, 101 and 103 pursuant to the Municipal Improvement Act of 1913,
(Division 12 of the Streets and Highways Code of California (the "Districts "); and
WHEREAS, by the Resolutions of Intention, the Council provided that bonds would be
issued thereunder pursuant to the provisions of the Improvement Bond Act of 1915, Division 10 of
the Streets and Highways Code of California and reference to the Resolutions of Intention is hereby
expressly made for further particulars; and
WHEREAS, special assessment bonds were issued and delivered, for each of the Districts
(the "Prior Bonds "); and
WHEREAS, the outstanding Prior Bonds are secured by the unpaid assessments on
properties in the Districts; and
WHEREAS, the public interest requires the refunding of the Prior Bonds and this City
Council intends to accomplish the refunding through the levy of reassessments and the issuance of
refunding bonds upon the security thereof;
NOW, THEREFORE, the Council of the City of Newport Beach does hereby RESOLVE,
as follows:
1. Proceedings Authorized. This Council hereby declares its intention to refund the
Prior Bonds and to levy reassessments as security for refunding bonds as hereinafter provided. The
proceedings for the levy and collection of reassessments as security for the issuance and payment of
refunding bonds shall be conducted pursuant to the Refunding Act of 1984 for 1915 Improvement
Act Bonds, Division 11.5 (commencing with Section 9500) of the Streets and Highways Code of
California (the "Act').
2. Reassessment Diagram. The contemplated reassessments and refunding, in the
opinion of this Council, are of more than local or ordinary public benefit, and the costs and expenses
thereof are made chargeable upon the Districts, the exterior boundaries of which are shown on a
reassessment diagram thereof heretofore filed in the office of the City Clerk, and to be filed in the
office of the County Recorder of the County of Orange, to which reassessment diagram reference is
hereby made for further particulars and which shall hereafter be called "City of Newport Beach
Reassessment District No. 2012 (the "Reassessment District'). The reassessment diagram indicates
by a boundary line the extent of the territory included in the Reassessment District and shall govern
for all details as to the extent thereof.
3. Reassessment Consultant; Report. The reassessment and refunding are hereby
referred to Willdan Financial Services, a qualified firm employed by this City for the purpose hereof
(the "Reassessment Consultant'), and the Reassessment Consultant is hereby directed to make and
file with the City Clerk a report in writing, presenting the following:
(a) A schedule setting forth the unpaid principal and interest on the Prior Bonds
to be refunded and the total amounts thereof and the unpaid assessment being continued;
(b) The total estimated principal amount of the reassessment and of the refunding
bonds and the maximum interest rate thereon, together with an estimate of cost of the reassessment
and of issuing the refunding bonds, including all costs of issuing the refunding bonds, as defined by
subdivision (a) of Section 9600 of the Act;
(c) The auditor's record kept pursuant to Section 8682 of the Streets and
Highways Code of California showing the schedule of principal installments and interest on all
unpaid original assessments and the total amounts thereof,
(d) The estimated amount of each reassessment, identified by reassessment
number corresponding to the reassessment number on the reassessment diagram, together with a
proposed auditor's record for the reassessment prepared in the manner described in the Section 8682;
(e) A reassessment diagram showing the Reassessment District and the
boundaries and dimensions of the subdivisions of land within the Reassessment District. Each
subdivision, including each separate condominium interest as defined in Section 783 of the Civil
Code, shall be given a separate number upon the diagram.
When any portion or percentage of the costs and expenses of the refunding and reassessment
is to be paid from sources other than reassessments, the amount of such portion or percentage shall
first be deducted from the total estimated cost and expenses of the refunding and reassessment, and
the reassessments shall include only the remainder of the estimated cost and expenses. If any excess
shall be realized from the reassessment it shall be used, in such amounts as this Council may
determine, in accordance with the provisions of law, in a manner or manners to be provided in these
proceedings.
4. Refunding Bonds. Notice is hereby given that serial and/or term bonds to represent
the reassessments, and bearing interest at the rate of not to exceed 3% per annum, will be issued
hereunder in the manner provided by the Act, the last installment of which bonds shall mature not
later than September 2, 2025. It is the intention of the City that the City will not obligate itself to
advance available funds from the treasury of the City to cure any deficiency in the redemption fund
to be created with respect to the bonds; provided, however, that a determination not to obligate itself
shall not prevent the City from, in its sole discretion, so advancing the funds.
5. Bond Call Procedures. The provisions of Part 11.1 of Division 10 of the Streets and
Highways Code of California, providing for an alternative procedure for the advance payment of
reassessments and the calling of bonds, shall apply to refunding bonds issued pursuant to proceedings
under this resolution.
6. Prior Proceedings. Reference is hereby made to the respective proceedings
previously undertaken pursuant to Division 4 of the Streets and Highways Code with respect to the
Prior Bonds, which are on file in the office of the Secretary.
7. Reserve Fund. It is the intention of this Council to create a special reserve fund
pursuant to and as authorized by Part 16 of Division 10 of the Bond Taw with respect to the
refunding bonds and that the amount of the fiord shall be included in the reassessment.
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8. Financing Professionals. The firm of Stradling Yocca Carlson & Rauth, A
Professional Law Corporation, Newport Beach, California, is hereby appointed as bond counsel for
the purpose of the reassessment and refunding proceedings. The firm of Fieldman, Rolapp &
Associates, Inc., Irvine, California, is hereby appointed financial advisor for the refunding bonds.
The firm of Southwest Securities, Cardiff by the Sea, California, is hereby appointed as placement
agent for the refunding bonds. The fees of such firms shall be fixed in the proceedings and shall be
paid only upon the successful completion of the proposed reassessment and refunding and from the
proceeds of the refunding bonds.
9. Effective Date. This resolution shall take effect from and after its adoption.
ADOPTED, SIGNED AND APPROVED this day of apy t-,- 2012.
ATTEST:
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City Clefk of the City of Newport Beach
3
Beach
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
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. 2012 -55 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 26'h day of June, 2012, and that the same
was so passed and adopted by the following vote, to wit:
Ayes: Curry, Selich, Daigle, Mayor Gardner
Noes: None
Recused: Hill, Rosansky, Henn
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 27'h day of June, 2012.
461d ' hwK�—
City Clerk
Newport Beach, California
(Seal)