HomeMy WebLinkAbout2000-66 - Assessment District 78 - Little Balboa Island• RESOLUTION NO. 2000 -66
RESOLUTION DECLARING THE RESULTS OF THE BALLOT
TABULATION, CONFIRMING THE ASSESSMENT, ORDERING
THE ACQUISITION OF IMPROVEMENTS, AND APPROVING THE
ASSESSMENT ENGINEER'S . REPORT FOR ASSESSMENT
DISTRICT NO. 78 (LITTLE BALBOA ISLAND)
WHEREAS, the City Council of the City of Newport Beach has previously adopted its
Resolution of Intention and initiated proceedings for the acquisition of certain public works of
improvement, together with appurtenances and appurtenant work, in a special assessment district
designated as Assessment District No. 78 (Little Balboa Island) (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, a report (the "Report") of the Assessment Engineer for the Assessment
District was prepared and presented to this City Council;
WHEREAS, the Report, as preliminarily approved, contained all the matters and items
called for pursuant to the provisions of the Improvement Act and pursuant to 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 which 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;
WHEREAS, notices of said 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, and at this time all ballots submitted pursuant to the Assessment Law
have been tabulated, and a full hearing has been given, all in the manner provided by the Assessment
Law;
WHEREAS, at this time this City Council determines that the ballots received by the City
in favor of the proposed assessment and weighted as required by the Assessment Law exceeded the
ballots received in opposition to the assessment and similarly weighted and, therefore, a majority protest
does not exist;
. WHEREAS, this legislative body is now satisfied with the assessment and all matters
contained in the Assessment Engineer's Report as submitted;
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• NOW, THEREFORE, the City Council of the City of Newport Beach does hereby
Determine and Resolve as follows:
RECITALS
SECTION I. 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 be, and the same hereby are, overruled and denied.
BALLOT TABULATION PURSUANT TO ARTICLE XIIID
SECTION 3. The ballots submitted pursuant to the Assessment Law in favor of the assessment and
weighted as required by the Assessment Law exceed the ballots submitted in opposition to the
assessment and similarly weighted and it is therefore 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 is proposed to be imposed on any parcel which 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;
E. There are no parcels within the proposed Assessment District which are owned or used
by any agency as such term is defined in the Assessment Law, the State of California or the United
States.
PUBLIC INTEREST AND CONVENIENCE
SECTION 5. The public interest and convenience require the acquisition of the improvements, and
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 Engineer's Report presented and
• considered at the public hearing.
ASSESSMENT ENGINEER'S REPORT
SECTION 6. The 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, as authorized for these proceedings.
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. That 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 his
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 immediately 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. That upon recordation of the diagram and assessment, a notice shall be mailed to each
owner of real property within the Assessment District at his 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 ".
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• PUBLICATION
SECTION 11. That 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 his 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 and/or other agent, 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, for the 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 California.
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.
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• B. Reserve Fund: All 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.
PASSED, APPROVED and ADOPTED this 11 ttday of July 2000.
AYES: Glover, Debay, Ridgeway, O'Neil, Mayor Noyes
NOES: None
ABSENT: Thomson, Adams
• ATTEST:
d o 1 ?9
City Clerk
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I, LaVonne Hark 06y Clerk of the City of Newport Beach, California, do hereby
certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the
City of Newport Beach, California, at a regular meeting of said City Council held on the 11 th day
Of July , 2000.
Executed this 12ttday of July 2000.
City Clerk
• 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. 2000 -66 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
11th day of July, 2000, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Glover, Debay, Ridgeway, O'Neil, Mayor Noyes
Noes: None
Absent: Thomson, Adams
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
• official seal of said City this 12th day of July, 2000.
(Seal)
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City Clerk
Newport Beach, California