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HomeMy WebLinkAbout83-42 - Intention to Order Construction and Providing for Issuance of Bonds - Assessment District No. 82-1RESOLUTION NO. 83-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DECLARING INTENTION TO ORDER THE CONSTRUCTION OF CERTAIN IMPROVEMEN'T'S TOGETHER WITH APPURTENANCES IN A PROPOSED ASSESSMENT DISTRICT PURSUANT TO THE PROVISIONS OF THE "MUNICIPAL IMPROVEMENT ACT OF 1913"; DECLARING THE WORK TO BE OF MORE THAN LOCAL OR ORDINARY BENEFIT; DESCRIBING THE DISTRICT 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, CALIFORNIA, 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, in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 82-1, STERLING AVENUE, (hereinafter referred to as the "Assessment District"). DESCRIPTION OF IMPROVEMEN'T'S A. The construction of certain improvements, together with appurtenances and appurtenant work and acquisition, if necessary, in certain public streets and rights-of-way in the Assessment District, as set forth in Exhibit "A" attached hereto, incorporated and so referenced. For further particulars, reference is hereby made to a map of said Assessment District previously adopted. B. Said streets, rights-of-way and easements shall be shown upon the plans herein referred to and to be 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, situs, 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 ex- tent, 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 are of direct benefit to the properties and land within the Assessment District, and this City Council hereby makes the expenses of said work and improvement chargeable 't• 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 in the District 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 improvements in the Assess- ment District, said map titled and identified as "PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 82-1, STERLING AVENUE", and which said map was heretofore approved and which said map or diagram is on file with the transcript of these proceedings, 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 contained, belonging to the public. For all particulars as to the boundaries of the Assessment Dis- trict, reference is hereby made to said boundary map heretofore previously approved, and for a complete description of said Assessment District, the said plat and proposed boundary map on file shall govern. ���7 �1�i7a�a��; ►e�i�a�e7 SECTION 3. That this proposed improvement is hereby referred to the appointed ENGINEER OF WORK, who is hereby directed 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 of improve- ment, including the cost of the incidental expenses in connection therewith; 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 said 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 improvement upon the several divisions of land in proportion to the estimated benefits to be received by such subdivisions, respectively, frau said improvement. Said assessment shall refer to such subdivisions upon said diagram by the respective numbers thereof; E. The description of the works of improvement to be con- structed under these proceedings, and acquisition, where necessary. 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 deduc- ted 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 assess- ment shall refer to said subdivisions by their respective numbers as assigned pursuant to Subsection D. of this Section. SECTION 4. That it is hereby determined and declared that serial bonds be issued in accordance with Division 7 of the Streets and Highways Code ("Improvement Act of 1911") to represent each assessment of One Hundred Fifty Dollars ($150.00) or more, remaining unpaid for thirty (30) days after the date of recordation of the diagram and assessment for this improvement. The serial bond shall extend over a period not to exceed NINE (9) YEARS from the second day of January next succeeding the next September 1st following their date. The interest rate on said bonds shall not exceed the current legal maximum rate of 12 percent per annum. The principal spm. shall becane due and payable in equal annual pay- ments on each October 15th succeeding the September 1st following the date of the bonds until fully paid. The first interest payment shall be payable on the April 15th next succeeding the March 1st or October 15th next succeeding the September 1st, as the case may be, next following the date of the bonds. The following interest payments shall each be for six months interest and shall be payable on each 15th day of April and October, the last interest payment caning due on the October 15th immediately preceding the last annual payment of the principal of the bonds issued to represent the unpaid assessments. Pursuant to the provisions of the Streets and Highways Code of the State of California, specifically Section 10603, the Treasurer is hereby designated as the officer to collect and receive the assessments during the cash collection period. Said bonds further shall be serviced and collected by the Treasurer. "MUNICIPAL IMPROVEMENT ACT OF 1913" SECTION 5. That except as herein otherwise provided for the issuance of bonds, all of said 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 frau 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; 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; or C. Fbr the maintenance of the improvement. SPECIAL FUND SECTION 7. That this City Council hereby establishes a special fund designated as: "IMPROVEMENT FUND FOR ASSESSMENT DISTRICT NO. 82-1, STERLING AVENUE" into which funds may be transferred at any time to expedite the making of the improvement herein authorized, and said funds are a loan and shall be repaid out of the proceeds of the sale of assess- ments as authorized by law. 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, pursuant to Section 10502.4 of the Streets and Highways Code of the State of California, no notice of award of contract shall be published. SECTION 9. That 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 pro- posed 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 designated person at the department indicated: BRUCE MATTERN SUPERINTENDENT OF STREETS CITY OF COSTA MESA POST OFFICE BOX 1200 77 FAIR DRIVE COSTA MESA, CA 92626 TELEPHONE: (714) 754-5343 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 be obtained in order to allow the works of improvement as proposed for this Assessment District to be accomplished. For a general description of the location and extent of the easements or land necessary to be acquired, reference is hereby made to maps on file with the transcript of these proceedings. BOND REDEMPTION AND DELINQUENCY SECTION 13. The City Council further elects to provide that said bonds, upon redemption, shall provide a premium of five percent (5%) on the unmatured principal, and said language shall be added to the redemption clause in the bond form to require the property owner to pay said premium in order to discharge the obligation of the lien. This City Council further elects and declares that the first two percent (2%) collected as a delinquency shall be retained as a cost for servicing the delinquency, and the bond shall so declare that said penalty shall be retained by the Treasurer. WORK ON PRIVATE PROPERTY SECTION 14. It is hereby further determined to be in the best public interest and convenience and more economical to do certain work on private property to eliminate any disparity in level or size between the improve- ments and the private property. The actual cost of such work is to be added to the assessment on the lot on which the work is done, and no work of this nature is to be performed until the written consent of the property owner is first obtained. PASSED AND ADOPTED this 16th day of Ma. ayor of the City of Costa Mesa ATTEST: �oi p -E-Ey Clerk of the City of Costa M STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, California, hereby certify that the above and foregoing Resolution No. 83-42 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof, held on the 16th day of May, 1983, by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, HertzDg, McFarland, Schafer NOES: OOUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 17th day of May, 1983. Cit Clerk and ex -officio Clerk o e City Council of the City of CostVMesa CITY OF COSTA MESA ASSESSMENT DISTRICT NO. 82-1 (STERLING AVENUE) The proposed works of improvement are described as follows: Removal and excavation of existing pavement and/or subgrade material; the placement and compaction of aggregate base and asphalt concrete pavement; construction of alley gutter and alley approach; adjusting and/or relo- cation of utility improvements and other work incidental to the above, including the acquisition and abandonment of public rights-of-way to serve and benefit the properties within the boundaries of ASSESSMENT DISTRICT NO. 82-1, STERLING AVENUE. EXHIBIT "A" Resolution No. 83-42