HomeMy WebLinkAbout87-52 - Assessment District 87-1RCF /5702
4/30/87
RESOLUTION NO. 87 -52
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH DECLARING INTENTION
TO ORDER THE CONSTRUCTION OF CERTAIN
IMPROVEMENTS TOGETHER WITH APPURTENANCES
IN A PROPOSED ASSESSMENT.' DISTRICT PURSUANT
TO THE PROVISIONS OF THE "MUNICIPAL
IMPROVEMENT ACT OF 1913 "; DESCRIBING THE
DISTRICT TO BE ASSESSED TO PAY THE COSTS
AND EXPENSES THEREOF; AND PROVIDING FOR
THE ISSUANCE OF BONDS
On this 11th day of May, 1987, on motion made, duly
seconded, and carried, the following Resolution is adopted
by the Newport Beach City Council acting in their official
capacity as the legislative body of the City of Newport
Beach, California.
THE CITY COUNCIL of the CITY OF N13WPORT BEACH, CALIFORNIA
(hereinafter referred to as "Agency ") DOES HEREBY RESOLVE AS
FOLLOWS:
SECTION 1. The public interest and convenience require,
and it is the intention of this body,
pursuant to the provisions of Division 12 of
the Streets and Highways Code of the State of
California (the "Municipal Improvement Act of
1913 "), to order the construction of certain
public improvements, together with
appurtenances and appurtenant work,
(hereinafter referred to as "improvements ")
in a special assessment district known and
designated as
ASSESSMENT DISTRICT NO. 87 -1
(hereinafter referred to as the "Assessment District ").
DESCRIPTION OF IMPROVEMENTS
A. The construction or acquisition of the
proposed improvements, in certain public
streets and rights -of -way in the Assessment
District, are set forth in Exhibit "A"
attached hereto, and incorporated herein by
reference. For further particulars,
reference is hereby made to the previously
adopted map of the proposed boundaries of the
Assessment District.
B. All streets, rights -of -way and easements
which may be necessary to accomplish the
improvements shall be acquired and the cost
thereof included as part of these assessment
district proceedings.
C. All of the improvements are to be
constructed at the places and in the
locations, of the forms, sizes, dimensions
and materials, and at the lines, grades and
elevations as generally described and
delineated upon the plans, profiles and
specifications to be made therefor, as
hereinafter provided.
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D. The description of the improvements
contained in this Resolution are general in
nature. All items of work do not necessarily
extend for the full length of the description
thereof. The plans and profiles of the
improvements as contained in the Assessment
Engineer's "Report" shall be controlling as
to the correct and detailed description
thereof.
E. Whenever any public way is referred to
in the description of the improvements or in
the plans and specifications as running
between two public ways, or from or to any
public way, the intersections of the public
ways referred to are included to the extent
that work shall be shown on the plans to be
done therein.
F. Notice is hereby given of the fact that
in many cases the improvements will bring the
finished work to a grade different from that
formerly existing, and that to said extent,
said grades are hereby changed and the
improvements will be done to said changed
grades.
DESCRIPTION OF ASSESSMENT DISTRICT
SECTION 2. The improvements are of direct benefit to the
properties and land within the Assessment
District, and Agency hereby makes the
expenses of the improvements chargeable upon
the Assessment District which is hereby
declared to be the Assessment District
benefited by the improvements and to be
assessed to pay the costs and expenses
thereof, including incidental expenses and
costs and which is described as follows:
All that certain territory in the District
included within the exterior boundary lines
shown on the map exhibiting the property
affected or benefited by or to be assessed to
pay the costs and expenses of the
improvements in the Assessment District, the
map titled and identified as "PROPOSED
BOUNDARIES OF ASSESSMENT DISTRICT NO. 87 -1"
(hereinafter "the map ") and which map was
heretofore approved and is on file with the
transcript of these proceedings, EXCEPTING
from the area shown within and delineated
upon the map, the area of all public streets,
public avenues, public lanes, public roads,
public drives, public courts, public alleys,
and all easements and rights -of -way therein
contained belonging to the public. For all
• particulars as to the boundaries of the
Assessment District, reference is hereby made
to the map and for a complete description of
the Assessment District, the map and proposed
boundaries on file shall govern.
REPORT OF ENGINEER
SECTION 3. The proposed improvements are hereby referred
to the Assessment Engineer who is hereby
directed to make and file with the clerk of
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the city council a report in writing
containing the following:
A. Plans and specifications showing the
general nature, location and extent of the
proposed improvements;
B. An estimate of the cost of the proposed
improvements, including the cost of lands,
and any rights -of -way, easements and
incidental expenses which may arise in
connection therewith, including any cost of
registering bonds.
C. A diagram showing the Assessment
District above referred to, which shall also
show the boundaries and dimensions of the
respective subdivisions of land within the
Assessment District, as the same existed at
the time of the passage of the Resolution of
Intention, each of which subdivisions shall
be given a separate number upon said Diagram;
D. A proposed assessment of the total
amount of the assessable costs and expenses
of the proposed improvements upon the several
divisions of land in proportion to the
estimated benefits to be received by such
subdivisions, respectively, from the
improvements. The assessment shall refer to
such subdivisions upon the diagram by the
respective numbers thereof;
E. The description of the proposed
improvements to be constructed under these
proceedings, and acquisition, where
necessary;
F. The information to be provided in order
to comply with the provisions of the "Special
Assessment, Investigation, Limitation and
Majority Protest Act of 1931" under Part 7.5,
Division 4, of the California Streets and
Highways Code, as set forth in Section 14 of
this Resolution.
When any portion or percentage of the cost
and expenses 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 the improvements, and
the 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 Subsection D of this
• Section.
BONDS
SECTION 4. Notice is hereby given that serial bonds to
represent the unpaid assessments, and to bear
interest at the rate of not to exceed the
current legal maximum rate of 128 per annum,
will be issued hereunder in the manner
provided in the "I.mprovement Bond Act of
1915 ", being Division 10 commencing with
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Section 8500 of the Streets and Highways Code
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 Streets and
Highways Code of the State of California,
specifically Section 10603, the City
Treasurer is hereby designated as the officer
to collect and receive the assessments during
the cash collection period. The bonds
further shall be serviced by the City
Treasurer or designated Paying Agent.
MUNICIPAL IMPROVEMENT ACT OF 1913
SECTION 5. That except as herein otherwise provided for
the issuance of bonds, all of the proposed
improvements shall be made and ordered
pursuant to the provisions of the "Municipal
Improvement Act of 1913 ", being Division 12
of the Streets and Highways Code of the State
of California.
SURPLUS FUNDS
SECTION 6. That if any excess shall be realized from the
assessment, it shall be used, in such amounts
as this 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
($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 in the manner
provided in Section 10427.1; or
C. For the maintenance of the improvements.
SPECIAL FUND
SECTION 7. That the legislative body hereby establishes
a special fund designated by the name of this
Assessment District, into which funds may be
transferred at any time to expedite the
making of the improvements herein authorized,
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of the State of California to represent the
expenses of the proposed improvements. The
last installment of which bonds shall mature
a maximum of and not to exceed 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 said
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 Streets and
Highways Code of the State of California,
specifically Section 10603, the City
Treasurer is hereby designated as the officer
to collect and receive the assessments during
the cash collection period. The bonds
further shall be serviced by the City
Treasurer or designated Paying Agent.
MUNICIPAL IMPROVEMENT ACT OF 1913
SECTION 5. That except as herein otherwise provided for
the issuance of bonds, all of the proposed
improvements shall be made and ordered
pursuant to the provisions of the "Municipal
Improvement Act of 1913 ", being Division 12
of the Streets and Highways Code of the State
of California.
SURPLUS FUNDS
SECTION 6. That if any excess shall be realized from the
assessment, it shall be used, in such amounts
as this 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
($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 in the manner
provided in Section 10427.1; or
C. For the maintenance of the improvements.
SPECIAL FUND
SECTION 7. That the legislative body hereby establishes
a special fund designated by the name of this
Assessment District, into which funds may be
transferred at any time to expedite the
making of the improvements herein authorized,
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and said funds are a loan and shall be repaid
out of the proceeds of the sale of
assessments as authorized by law.
PRIVATE CONTRACT
SECTION 8. Notice is hereby given that the public
interest will not be served by allowing the
property owners to take the contract for the
construction of the improvements, and that,
as authorized by law, no notice of award of
contract shall be published.
GRADES
SECTION 9. Notice is hereby given that the grade to
which the work shall be done is to be shown
on the plans and profiles therefor, which
grade may vary from the existing grades. The
work herein contemplated shall be done to the
grades as indicated on the plans and
specifications, to which reference is made
for a description of the grade at which the
work is to be done. Any objections or
protests to the proposed grade shall be made
at the public hearing to be conducted under
these proceedings.
PROCEEDINGS INQUIRIES
SECTION 10. For any and all information relating to these
proceedings, including information relating
to protest procedure, your attention is
directed to the below designated person at
the department indicated:
Benjamin Nolan
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
(714) 644 -3311
PUBLIC PROPERTY
SECTION 11. All public property in the use and
performance of a public function shall be
omitted from assessment in these proceedings
.unless expressly provided and listed herein.
ACQUISITION
SECTION 12. That the public interest, convenience and
necessity requires that certain land,
rights -of -way or easements may be obtained in
order to allow the improvements as proposed
for this Assessment District to be
10 accomplished.
NO CITY LIABILITY
SECTION 13. It is hereby further determined and declared
that the City will not obligate itself to
advance any available funds from the City
Treasury to cure any deficiency or
delinquency which may occur in the bond
redemption fund by failure of property owners
to pay annual special assessments. This
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determination shall be clearly set forth and
stated in the title of the bonds to be issued
pursuant to these proceedings as authorized
and required by Section 8769 of the Streets
and Highways Code of the State of California.
. DIVISION 4, ALTERNATIVE PROCEEDINGS
SECTION 14. It is the intention of this legislative body
to fully comply with the proceedings and
provisions of the "Special Assessment
Investigation, Limitation and Majority
Protest Act of 1931" of Division 4 of the
Streets and Highways Code of the State of
California by proceeding under the
"Alternative Proceedings" in Part 7.5 of
Division 4. The information to be provided
as required in Section 2961(b) shall be
included in the Report prepared pursuant to
Section 10204 and described in Section 3 of
this Resolution. That information shall be
as follows:
(1) The total amount, as near as may be
determined, of the total principal sum of all
unpaid special assessments and special
assessments required or proposed to be levied
under any completed or pending assessment
proceedings, other than that contemplated in
the instant proceedings, which would require
an investigation and report under Division 4
against the total area proposed to be
assessed.
(2) The total true value, as near as may be
determined, of the parcels of land and
improvements which are proposed to be
assessed.
UTILITY IMPROVEMENTS
SECTION 15. Before ordering of the proposed improvements
this legislative body may need to enter into
Agreements with certain other public agencies
or utility companies. The Agreements,
setting forth certain terms and conditions
relating to the bidding and award of certain
construction contracts, as well as the
ownership, management and control of certain
utility improvements, shall be in conformance
with the provisions of the Municipal
Improvement Act of 1913. A copy of the
Agreements, if any, shall be, upon approval,
placed on file within the Office of the City
Clerk.
APPROVED and ADOPTED this 11th
ATT a
City Clerk
PASSED and ADOPTED by the City Council acting as the
official legislative body of the City of Newport Beach,
California, by the following vote:
AYES: MEMBERS: Cox, Hart, Maurer, Plummer, Sansone, Turner
NOES: MEMBERS: Strauss
ABSENT: MEMBERS:
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
I, City Clerk of the City of Newport
Beach, California, hereby certify the foregoing to be a
full, true and correct copy of the record of the action
taken by the City Council, by the vote of the members
present, as the same appears in the Official Minutes of said
Board of its meeting of , 1987.
City Clerk of the City of
Newport Beach
By:
0
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EXhibit "A"
DESCRIPTION OF IMPROVEMENTS
A. Grading, paving, curb and gutter, sidewalks, streetlights,
benches, trash receptacles, street trees with irrigation, and
storm drainage system modifications in:
SOUTH HALF OF 32ND STREET FROM NEWPORT BOULEVARD TO LAFAYETTE
AVENUE; 31ST, 30TH, AND 29TH STREETS FROM NEWPORT BOULEVARD
• TO LAFAYETTE AVENUE; EAST HALE' OF NEWPORT BOULEVARD FROM 32ND
TO 26TH STREET; 28TH STREET FROM NEWPORT BOULEVARD TO
LAFAYETTE AVENUE; LAFAYETTE AVENUE FROM 28TH STREET TO 31ST
STREET; WEST HALF OF LAFAYETTE AVENUE FROM 31ST STREET TO
32ND STREET; AND, VILLA WAY FROM 32ND STREET TO LAFAYETTE
AVENUE.
B. Street trees in:
WEST HALF OF THE NORTH BOUND SECTION OF NEWPORT BOULEVARD
FROM 26TH STREET TO 30TH STREET; SOUTH BOUND SECTION OF
NEWPORT BOULEVARD FROM 26TH STREET TO 30TH STREET; AND WEST
HALF OF NEWPORT BOULEVARD BETWEEN 30TH STREET AND 32ND
STREET.
C. Concrete alleys in:
BLOCKS BOUNDED BY 32ND AND
LAFAYETTE AVENUE; 30TH AND
BOULEVARD AND LAFAYETTE AV
BOULEVARD BETWEEN 29TH AND
VILLA WAY / LAFAYETTE AVENUE
LAFAYETTE AVENUE.
31ST
29TH
'"NUE;
28TH
INTE]
STREETS BETWEEN VILLA WAY AND
STREETS BETWEEN NEWPORT
VILLA WAY AND NEWPORT
STREETS; 29TH AND
ZSECTION BETWEEN VILLA WAY AND