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HomeMy WebLinkAbout83-127 - Intention to Construct, Assessment District No. 82-2RESOLUTION NO. 83-127 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, 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"; 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. 82-2, SOUTH COIAST METRO CENTER, (hereinafter referred to as the "Assessment District"). DESCRIPTION OF IMPROVEMENTS A. The construction of certain improvements, together with appurte- nances 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, incorpor- ated 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 this proceed- ings. 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 eleva- tions as shown and delineated upon the plans, profiles, and specifications to be made therefor, as hereinafter 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 descrip- tion 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 frau 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 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 upon a district, which said Assessment District is hereby declared to be X99 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 Assessment District, said map titled and identified as "PROPOSED BOLNDMUES OF ASSESSMENT DISTRICT NO. 82-2, SOUTH COAST METRO CENTER" 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 District, reference is hereby made to said boundary map heretofore previously approved, and for a complete description of said Assess- ment District, the said plat and proposed boundary map on file shall govern. �• DnggmmE SECTION 3. That this proposed improvement is hereby referred to the appointed SUPERINTENDENT OF STREETS, 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 improvement, 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 separ- ate 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 divi- sions of land in proportion to the estimated benefits to be received by such subdivisions, respectively, from said improve- ment. 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 constructed 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 deducted from the total esti- mated costs and expenses of said work and improvements, and said assess- ment 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 Subsection D of this section. SECTION 4. Notice is hereby given that serial bonds to represent the unpaid assessments, and bear interest at the rate of not to exceed the current legal maximum rate of 12 percent per annum, will be issued here- under 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 the calling of bonds shall apply. The principal amount of the bonds 300 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 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, or designated Paying Agent. "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 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, 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 improvements. SPECIAL FUND SECTION 7. That this City Council hereby establishes a special fund designated as "IMPROVEMENT FUND FOR ASSESSMENT DISTRICT NO. 82-2, SOUTH COAST METRO CENTER" 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. 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. 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 proposed grade shall be made at the public hearing to be conducted under these proceedings. PROCEEDINGS INQUIRIES SECTION 10. Fbr any and all information relating to these proceed- ings, including information relating to protest procedure, your attention is directed to the designated person at the department indicated: BRUCE MATTERN, CITY OF COSTA MESA, POST OFFICE BOX 1200, 77 FAIR DRIVE, COSTA MESA, CALIFOINIA 92626. TELEPHONE: (714) 754-5343. PUBLIC PROPERTY SECTION 11. All public property in the use and performance of a public function shall be anitted from assessment in these proceedings unless expressly provided and listed herein. PETITICN SECTION 12. That a petition signed by property owners representing more than sixty percent (60%) in area of the property subject to assessment for said improvement has been signed and filed with the City Council, and said written petition expressly contains a waiver of any of the proceedings and limitations as set forth under Division 4 of the Streets and Highways Code of the State of California, the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931". WORK CN PRIVATE PROPERTY SECTION 13. 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. UTILITY CCNTRACTS SECTION 14. Notice is further given that the City does intend to enter into contracts with the respective utility companies for providing of certain underground electrical, telephone, and gas facilities, and anyone desiring to object to said contracts should protest at the time and place for the public hearing. Said contracts are to be executed prior to the ordering of the work. PASSED AND ADOPTED this 19th day of December, 1983. ATTEST: City Clerk of the City of Costa Me STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) Mayor of the City of Costa Mesa I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and fore- going Resolution No. 83-127 was duly and regularly passed and adopted by said City Council at a regular meeting thereof, held on the 19th day of December, 1983, by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hartzog, McFarland, Schafer NOES: COUNCIL 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 20th day of December, 1983. Ci y Clerk and ex -officio Clerk of 447 - City Council of the City of Costa 1V2 ,302 CITY OF COSTA MESA ASSESSMENT DISTRICT NO. 82-2 SOUTH COAST METRO CENTER EXHIBIT "A" Resolution No. 83-127 The works of improvement proposed to be constructed are generally described as follows: The construction of certain public improvements, including street improve- ments, including grading, paving, base, curbs and gutters, sidewalks and street lights, underground utilities, sanitary sewers, drainage and recrea- tional facilities, together with appurtenances and appurtenant work to serve and benefit properties within the boundaries of ASSESSMENT DISTRICT NO. 82-2, SOUTH COAST METRO CENTER.