HomeMy WebLinkAbout81-14 - Assessment District 80-1, Intention to Construct; BondsRESOLUTION NO. 81-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA
MESA, CALIFORNIA, DECLARING INTENTION TO ORDER THE
CONSTRUCTION OF CERTAIN IMPROVEMENTS, TOGETHER WITH
APPURTENANCES AND APPURTENANT WORK IN CONNECTION
THEREWITH IN A PROPOSED ASSESSMENT DISTRICT, PURSUANT
TO THE TERMS AND PROVISIONS OF THE "MUNICIPAL IMPROVE-
MENT ACT OF 1913"; DECLARING THE WORK TO BE OF MORE
THAN LOCAL OR ORDINARY BENEFIT AND DESCRIBING THE DIS-
TRICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES
THEREOF; AND PROVIDING FOR THE ISSUANCE OF BONDS.
THE CITY COUNCIL OF THE CITY OF COSTA MESA, STATE OF CALIFORNIA,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the public interest and convenience require, and
it is the intention of this body, pursuant to the provisions of Divi-
sion 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 works of improvement, together with appurtenances and
appurtenant work, in a special assessment district known and designated
as: ASSESSMENT DISTRICT NO. 80-1, SUNFLOWER/MacARTHUR INDUSTRIAL AREA
(hereinafter referred to as the "Assessment District").
DESCRIPTION OF IMPROVEMENT
A. The construction of certain public works of improvement,
together with appurtenances and appurtenant work in connec-
tion therewith, in certain public streets and rights-of-way
in the Assessment District, and for further particulars,
reference is hereby made to Exhibit "A" attached hereto,
incorporated and so referenced. For further particulars,
reference is hereby made to a map of said Assessment Dis-
trict previously adopted by this body and on file in the
office of the City Clerk.
B. Said streets and highways are more particularly shown in
the records in the office of the County Recorder and shall
be shown upon the plans herein referred to and to he filed
with these proceedings.
C. All of said work and improvements are to be constructed at
the places and in the particular locations, of the forms,
sizes, dimensions, and materials, and at the lines, grades,
and elevations as shown and delineated upon the plans,
profiles, and specifications to be made therefor, as here-
inafter provided.
D. The description of the improvements and the termini of the
work 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 work as contained in the Engineer's Report shall be
controlling as to the correct and detailed description
thereof.
E. Whenever any public way is herein referred to 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 said
work and improvement will bring the finished work to a grade
different from that formerly existing, and that to said
extent, said grades are hereby changed and said work will be
done to said changed grades.
DESCRIPTION OF ASSESSMENT DISTRICT
SECTION 2. That said improvements and work is of direct benefit
to the properties and land within the Assessment District and the City
Council of this City hereby makes the expenses of said work and
improvement chargeable upon a district, which said Assessment District
is hereby declared to be the Assessment District benefited by said
work and 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 situated in the City of Costa Mesa
included within the exterior boundary lines shown on the plat
exhibiting the property affected or benefited by or to be
assessed to pay the costs and expenses of said work and improve-
ments in the Assessment District, said map titled and identified
as "PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 80-1", and
which said map was heretofore approved and which said map or
diagram is on file in the office of the City Clerk, EXCEPTING
from the area shown within and delineated upon said map or plat
hereinabove referred to, 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 con-
tained belonging to the public. For all particulars as to the
boundaries of the Assessment District, reference is hereby made
to said boundary map heretofore previously approved, and for a
complete description of the said Assessment District, the said
plat and proposed boundary map on file shall govern.
REPORT OF ENGINEER
SECTION 3. This proposed improvement is hereby referred to BRUCE
MATTERN, the appointed Superintendent of Streets, who is hereby di-
rected to make and file the report in writing containing the following:
A. Plans and specifications of the proposed improvements;
B. An estimate of the cost of the proposed works and improve-
ment, including the cost of the incidental expenses in
connection therewith;
C. A diagram showing the Assessment District referred to above,
which shall also show the boundaries and dimensions of the
respective subdivisions of land within said Assessment Dis-
trict, 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 improvement upon the
several divisions of land in proportion to the estimated
benefits to be received by such subdivisions, upon said
Diagram by the respective numbers thereof;
E. The description of works of improvement to be constructed
under these proceedings.
When any portion or percentage of the costs 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 said work and improvements, and
said assessment shall include only the remainder of the estimated costs
and expenses. Said assessment shall refer to said subdivisions by
their respective numbers as assigned pursuant to Subdivision D of this
section.
BONDS
SECTION 4. Notice is hereby given that serial bonds to represent
the unpaid assessments, and bear interest at the rate of not to exceed
ten percent (10%) per annum, will be issued hereunder in the manner
provided in the "Improvement Bond Act of 1915", being Division 10 of
the Streets and Highways Code of the State of California, the last
installment of which bonds shall mature a maximum of and not to
exceed fourteen (14) years from the second day of July next succeeding
ten (10) months from their date. The provisions of Part 11.1 of said
Act, providing an alternative procedure for the advance payment of
assessments and 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 aggre-
gate 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.
"MUNICIPAL IMPROVEMENT ACT OF 1913"
SECTION 5. Except as herein otherwise provided for the issuance
of bonds, all of said improvements and acquisition, if necessary, 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. If any excess shall be realized from the assessment,
it shall be used in such amounts as the City Council may determine, in
accordance with the provisions of law, for one or more of the following
purposes:
A. Transfer to the general fund of the City, 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 amount of expenses from the improvement fund;
B. As a credit upon the assessment and any supplemental assess-
ment; or
C. For the maintenance of the improvements.
SPECIAL FUND
SECTION 7. The legislative body hereby establishes a special fund
designated, "Improvement Funds for Assessment District No. 80-1", into
which funds may be transferred at any time to expedite the making of
the improvements herein authorized, 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 in the opinion of the City
Council, the public interest will not be served by allowing the
property owners to take the contract for the construction of the
improvements, and that, pursuant to Section 10502.4 of the Streets and
Highways Code of the State of California, no notice of award of con-
tract 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 grades may vary from the existing grades. The work herein
contemplated shall be done to the grades as indicated on the plans and
specifications 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.
PETITION
SECTION 10. These proceedings have been initiated by a Petition
signed by property owners representing more than sixty percent (60%)
in the area of the property subject to assessment for said works of
improvements. Said Petition meets the intent and requirements of the
"Special Assessment Investigation, Limitation and Majority Protest Act
of 1931" (Division 4 of the Streets and Highways Code of the State of
California). A copy of said Petition is on file in the office of the
City Clerk and open for public inspection.
UTILITY CONTRACTS
SECTION 11. Notice is hereby given that the City Council will
enter into contracts for certain sanitary sewer line installation,
water installation, domestic gas line installation, street light
installation, telephone installation, all pursuant to the provisions of
Section 10110 of the Streets and Highways Code of the State of Cali-
fornia. The referenced utility facilities will be under the ownership,
management, and control of the respective utility company servicing the
area, and anyone wishing to object to the terms and conditions of said
contracts should appear at the time and place set for the public
hearing on the above referenced Assessment District. Said contracts
will be between the City of Costa Mesa and the following: (a) Mesa
Consolidated Water District; (b) Costa Mesa Sanitary District;
(c) Pacific Telephone and Telegraph Company; (d) Southern California
Gas Company; and (e) Southern California Edison Company.
PROCEEDING INQUIRIES
SECTION 12. For any and all information relating to these pro-
ceedings, including information relating to protest procedure, all
notices, resolutions, affidavits and/or certificates, your attention is
directed to the below designated person at the agency or department
indicated:
Bruce Mattern (714) 754-5343
Appointed Superintendent of Streets
City of Costa Mesa
77 Fair Drive
Costa Mesa, California 92626
George McFarlin (714) 833-0070
Representative of Engineer of Work
Robert Bein, William Frost, and Associates
1401 Quail Street
Newport Beach, California 92663
PASSED AND ADOPTED this 16th day of March, 1981.
ATTEST:
p
Ci y Clerk of the City of Costa sa
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA
C-*�\k I 0e-4- JIM
May r of the City Lof Cost esa
I, EILEEN P. PHINNEY, City Clerk of the City of Costa Mesa, Cali-
fornia, do hereby certify that the foregoing Resolution No. 81-14 was
duly passed, approved, and adopted by the Costa Mesa City Council,
approved and signed by the Mayor, and attested by the City Clerk, all
at a regular meeting of said City Council held on the 16th day of
March, 1981, and that the same was passed and adopted by the following
roll call vote:
AYES: Council Members: Schafer, Hall, Hertzog, Johnson
NOES: Council Members: McFarland
ABSENT: Council Members: None
EXECUTED this 17th day of March, 1981, at Costa Mesa, California.
City Clerk of the City of Costa M sa
Assessment District No. 80-1
City Of Costa Mesa
Description of Work
The work to be performed as part of Assessment District No. 80-1 con-
sists of grading and the construction of streets, sidewalks, curbs,
gutters and median improvements, sanitary sewer lines and appurtenances,
storm drain facilities, natural gas lines and appurtenances, water
lines, valves, meters, hydrants and appurtenances, electrical power
and street lighting facilities, traffic signalization facilities and
landscaping. All items will be constructed within public rights-of-way
or public easement areas in accordance with the City approved construc-
tion plans on file with the Superintendent of Streets of the District.
Page 1
Exhibit "A"
Resolution 81-14
ASSESSMENT DIAGRAM SHEET 10 GF ICS -EFTS
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