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HomeMy WebLinkAbout87-60 - Assessment District 87-3RCF /5302 4/30/87 RESOLUTION NO. 87 -60 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 NEWPORT 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 -3 (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 the cost thereof and 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. -1- 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 tc 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 -3" (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 0 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. That the proposed improvements are hereby referred to the Assessment Engineer who is hereby directed to make and file with the -2- clerk of 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 di- visions 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 "Improvement Bond Act of 1915 ", being Division 10 commencing with -3- Section 8500 of the Streets and Highways Code 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. MUNICIPAI, 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 (58) 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, -4- 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 Iloniscei:7;1934 "M 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 as necessary in order to allow the improvements as proposed for this Assessment District to be accomplished. SECTION 13. NO CITY LIABILITY 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 -5- 0 • 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. SECTION 14. DIVISION 4, ALTERNATIVE PROCEEDINGS 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 the 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 shall be, upon approval, placed on file within the Office of the City Clerk. a-= APPROVED and ADOPTED this 11th day of 11 i City Clerk 1987. 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, Strauss, Turner NOES: MEMBERS: 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 -7- Exhibit "All DESCRIPTION OF IMPROVEMENTS A. Grading, paving, curb and gutter, sidewalks, street lights, benches, trash receptacles, street trees with irrigation, and storm drainage system modifications in: EAST HALF OF NEWPORT / BALBOA BOULEVARD FROM 26TH STREET TO 20TH STREET; WEST HALF OF NEWPORT / BALBOA BOULEVARD FROM 24TH STREET TO 20TH STREET; MCFADDEN PLACE; 23RD STREET FROM NEWPORT / BALBOA BOULEVARD TO THE OCEAN PARKING LOT; 22ND STREET FROM NEWPORT / BALBOA BOULEVARD TO THE OCEAN PARKING LOT; COURT AVENUE FROM MCFADDEN PLACE TO 20TH STREET; AND, EAST HALF OF OCEAN PARKING LOT (FORMERLY OCEAN AVENUE) FROM 24TH STREET TO 20TH STREET. B. Street trees in: WEST HALF OF BALBOA BOULEVARD FROM 26TH STREET TO 24TH STREET. C. Sidewalks, street lights, benches, trash receptacles, and landscaping with irrigation in: NEWPORT / BALBOA BOULEVARD PARKING LOTS AND TRAFFIC ISLANDS FROM 26TH STREET TO 20TH STREET; MCFADDEN PLACE PARKING LOTS FROM NEWPORT / BALBOA BOULEVARD TO COURT AVENUE; AND, OCEAN FRONT PARKING LOT. D. Grading, paving, curb and gutter, sidewalks, street lights, benches, trash receptacles, bollards, and landscaping with irrigation in: MCFADDEN PLACE FROM COURT AVENUE TO THE ENTRANCE TO NEWPORT PIER.