HomeMy WebLinkAbout2001-36 - Assessment District 74 ImprovementsRESOLUTION NO.2001- 36
RESOLUTION DECLARING INTENTION TO ORDER THE
CONSTRUCTION OF CERTAIN IMPROVEMENTS IN
PROPOSED ASSESSMENT DISTRICT NO. 74, DECLARING
THE IMPROVEMENTS TO BE OF SPECIAL BENEFIT,
DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY THE
COSTS AND EXPENSES THEREOF, AND PROVIDING FOR
THE ISSUANCE OF BONDS
WHEREAS, this legislative body has instituted proceedings for the formation of a
special assessment district designated as ASSESSMENT DISTRICT NO. 74
(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, the conversion of the overhead electrical and communication
facilities to underground locations, together with appurtenances and appurtenant work
in connection therewith, is to be done to further public safety and to improve aesthetics
within the area of the Assessment District;
WHEREAS, the assessment proceedings for the Assessment District were
initiated by owners of the real property;
NOW THEREFORE, Be it Determined, Resolved, and Ordered by the City
Council of the City of Newport Beach (the "City ") 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 for the Assessment District and to assess
the cost thereof against the real property specially benefited thereby.
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 generally described as Island Avenue from Edgewater
Avenue to West Bay Avenue and West Bay Avenue from Island Avenue to
7th Street, together with appurtenances and appurtenant work thereto, all
to serve and specially benefit the properties within Assessment District
No. 74.
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 Engineer's
Report 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 in nature, 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, which 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 exhibiting
the property specially benefited and proposed to be assessed to pay the
costs and expenses of the construction of the work and improvements
described above, which map is entitled "Proposed Boundaries
Assessment District No. 74" and was previously approved by this
legislative body 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.
REPORT OF THE ASSESSMENT ENGINEER
SECTION 3. The proposed improvements are hereby referred to GFB- Friedrich
& Assoc., Inc. (the "Assessment Engineer"), who is hereby directed to make and file a
report as required by the Improvement Act, Article XIIID of the Constitution of the State
of California, and the Omnibus Proposition 218 Implementation Act (Government Code
Section 53750), such 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.
:oul
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 of 12% per annum, will be issued hereunder in the manner provided in the
Improvement Bond Act of 1915 (Streets and Highways Code Section 8500, et seq.),
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 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 officer to
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:
Richard Hoffstadt, Development Engineer
City of Newport Beach
P.O. Box 1768
Newport Beach, California 92658
(949) 644 -3324
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 City treasury to cure any deficiency
which may occur 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, 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 May, 2001, by the following vote:
AYES: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor,
Mayor Adams
NOES: None
ABSENT: None
ABSTAIN: None
Ili... `.► "l"i, � - -
Mayor
ATTEST:
City Clerk u
e,
F : \UsersTBW\DHoffstadtWDWA74\AD74 Resolution- intentdoc
STATE OF CALIFORNIA }
COUNTY OF ORANGE
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. 2001 -36 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 May, 2001, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams
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 May, 2001.
(Seal)
'Y��' /_ !)Mite . %•jJ /' /�f7��'-i�
City Clerk
Newport Beach, California