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HomeMy WebLinkAbout91-38 - Assessment District 61 Bay AvenueRESOLUTION NO. 91 -38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, CONFIRMING THE ASSESSMENT, ORDERING THE IMPROVEMENTS MADE, TOGETHER WITH APPURTENANCES, AND APPROVING THE ENGINEER'S "REPORT" ' WHEREAS, the CITY COUNCIL of the CITY OF NEWPORT BEACH, CALIFORNIA, has • previously adopted its Resolution of Intention and initiated proceedings for the installation of certain public works of improvement, together with appurtenances and appurtenant work, including acquisition where appropriate, in a special 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, said special assessment district known and designated as ASSESSMENT DISTRICT NO. 61 (BAY AVENUE AND EAST BAY FRONT FROM "J" STREET TO "M" STREET) (here- inafter referred to as the "Assessment District "); and, WHEREAS, pursuant to the provisions of said "Municipal Improvement Act of 1913" and Part 7.5 of Division 4 of the Streets and Highways Code, the "Special Assess- ment, Limitation and Majority Protest Act of 193111, a combined "Report" (hereinafter referred to as the "Report "), as authorized, has been provided, presented, consi- dered and approved by this legislative body; and, WHEREAS, said "Report ", as preliminarily approved, contained all the matters and items called for by law and as pursuant to the provisions of the "Municipal Improvement Act of 1913" and Section 2961 of said Streets and Highways Code of the State of California, including the following: 1. Plans and specifications of the proposed improvements; 2. Estimate of cost; 3. Diagram of Assessment District; 4. An assessment according to benefits; 5. A description of the works of improvement; 6. Valuation information; and, WHEREAS, all protests have been heard and considered, and a full hearing has been given, all in the manner provided by law; and, • WHEREAS, notices of said hearing were duly and regularly posted, mailed and published in the time, form and manner required by law and as evidenced by affi- davits on file with the transcript of these proceedings; and, WHEREAS, the owners of one -half (1/2) of the area assessed for the cost of the project did not file written protests against the said proposed improvements and acquisition where appropriate, and this legislative body did, after providing a full hearing, overrule and deny all protests and objections; and, WHEREAS, this legislative body is ndw satisfied with the assessment and all • matters contained in the "Report" as now updated and submitted. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: RECITALS SECTION 1. That the above recitals are all true and correct. PROTESTS SECTION 2. That all protests and objections of every kind and nature be, and the same hereby are, overruled and denied, and it is further determined that said protests and objections are made by the owners of less than one -half of the area of property to be assessed for said improvements within said Assessment District. BENEFITS RECEIVED SECTION 3. That it is hereby determined that all properties within the boundaries of the Assessment District receive a local and direct benefit from the works of improvement as proposed for said Assessment District, and it is hereby further determined and declared that all assessable costs and expenses have been apportioned and spread over the properties within the boundaries of the Assessment District in direct proportion to the benefits received thereby. PUBLIC INTEREST AND CONVENIENCE SECTION 4. That the public interest and convenience require the proposed improvements to be made, and therefore it is hereby ordered that the work to be done and improvements to be made, together with appurtenances and appurtenant work in connection therewith, including acquisition where appropriate, in said Assessment District, as set forth in the Resolution of Intention previously adopted and as set forth in the "Report" presented and considered, and as now submitted. CONFIRMATION OF ASSESSMENT SECTION 5. That the "Report ", as now updated and submitted, consisting of the • assessment and diagram for the improvements, together with appurtenances and appurte- nant work in connection therewith, including acquisition where appropriate, is hereby confirmed, and the assessment contained in said "Report" is hereby levied upon the respective subdivisions of land in the Assessment District as set forth in said "Report ". The assessments contained in the final Engineer's "Report" are hereby levied and approved as follows: A. The final assessments to represent the costs and expenses to finance the public 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 said "Report ". ASSESSMENT VALUATION SECTION 6. That this legislative body hereby finds and determines that the total amount of the principal sum of all unpaid special assessments proposed to be levied, as well as any outstanding special assessments, does not exceed 1/2 the total true value of the parcels proposed to be assessed under these proceedings, and this finding shall be final and conclusive. This legislative body further finds that the project is feasible and that the lands to be assessed will be able to carry the burden of the proposed assessment, and it is hereby further determined, if and as applicable, that the limitations of the amounts of assessments provided for in Division 4 of the Streets and Highways Code of the State of California be disregarded both with respect to the limitation on the Assessment District as a whole, and as to the limitation on individual specific assessments, as applicable. RECORDATION OF ASSESSMENT SECTION 7. That the City Clerk shall forthwith deliver to the Superintendent of Streets the said 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 8. 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 9. That said City Clerk, upon the recording of said diagram and assessment, shall mail to each owner of real property within the Assessment District at his last known address, as the same appears on the tax rolls of the County or on file in the Office of the City Clerk, or'to both addresses if said address is not • the same, or to General Delivery when no address so appears, a statement containing a designation by street number or other description of the property assessed sufficient to enable the owner to identify the same, the amount of the assessment, the time and place of payment thereof, the effect of failure to pay within such time, and a statement of the fact that bonds will be issued on unpaid assessments pursuant to the "Improvement Bond Act of 1915 ". PUBLICATION SECTION 10. That said City Clerk shall also give notice by publishing a copy of a notice of recording of assessment in the newspaper previously selected to publish all notices as provided by law, giving notice that said assessment has been recorded in the Office of the Superintendent of Streets, and that all sums assessed thereon are due and payable immediately, and that the payment of said sums is to be made within thirty (30) days after the date of recording the assessment, which date shall be so stated in said notice, and of the fact that securities will be issued upon unpaid assessments. ASSESSMENT COLLECTION SECTION 11. 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 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. • SECTION 12. 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 shall, within 90 days after any special assessment installment becomes delinquent, 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 For particulars as to the administration and handling of the Funds, the specific terms and conditions shall be set forth in the Bond Indenture and approved through the Resolution Authorizing the Issuance of Bonds. APPROVED and ADOPTED this 13th day of May 1991. YOR ATTESTt Aft SEW �'4A CITY CLERK n P LIFO % STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF NEWPORT BEACH I, WANDA E. RAGGIO, CITY CLERK of the CITY OF NEWPORT BEACH, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 91 -38 was • duly passed, approved and adopted by the City Council, approved and signed by the Mayor, and attested by the City Clerk, all at the regular meeting of said City Council held on the 13th day of May 1991, and that the same was passed and adopted by the following vote: AYES: COUNCIL MEMBERS HEDGES, TURNER, SANSONE, HART, COX, PLUMMER NOES: COUNCIL MEMBERS NONE ABSENT: COUNCIL MEMBERS WATT ABSTAIN: COUNCIL MEMBERS NONE EXECUTED this .day of -- �� /w� , 1991, at Newport Beach, California. CITY CLERK CITY OF NEWPORT BEACH STATE OF CALIFORNIA r� LJ