RES-8539 Making Preliminary Findings and Appointments in Special Assessment District No. 95-1RESOLUTION NO. 8539
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE
MAKING PRELIMINARY FINDINGS AND APPOINTMENTS IN A
SPECIAL ASSESSMENT DISTRICT
AD 95-
1 WHEREAS, the CITY COUNCIL of the CITY OF ORANGE, CALIFORNIA, is
considering the fOl1Tlation of a special assessment district, pursuant to the tel1Tls and provisions of the "
Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State
of Califomia, for the installation of certain public works of improvement, together with appurtenances
and appurtenant work, said special assessment district to be known and designated as
ASSESSMENT DISTRICT NO, 95-1 (SYCAMORE CROSSING) (hereinafter referred to as the "
Assessment
District");and,WHEREAS, at this time, this legislative body is desirous of making
the required appointments and designating persons to perfol1Tl certain duties, in order to allow
the proceedings to go forward to completion in accordance with the provisions of
law; and,WHEREAS, at this time there has been submitted to this City Council for
review and approval, an Acquisition/Financing Agreement setting forth certain tel1Tls and conditions, as
well as estimated prices and quantities of work to be installed and financed pursuant to said
Agreement; and,WHEREAS, there has also been submitted at this time an executed
Petition fOl1Tlally requesting that proceedings be initiated for the formation of a special assessment
district; and,WHEREAS, there has also been presented at this time for approval a First
Amendment to Agreement dated August 29, 1995, an Agreement between the City, Property Owner and
the Orange County Flood Control District relating to the installation and ownership of certain
drainage facilities.NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Orange
as follows:
Section I:That the above recitals are all true
and correct.
Section 11:That the DIRECTOR OF PUBLIC WORKS is hereby appointed to perfol1Tl all of
the duties and functions of the Superintendent of Streets as said duties are specified and designated
in the Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code
of the State of Califomia, for the above-
referenced Assessment
District.Section 111:That the place for recordation of the assessment roll and diagram shall be in
the Office of the Superintendent of Streets, and said assessment roll and diagram, upon recordation,
shall be kept as
Section IV:
That the ORANGE CITY NEWS is hereby designated as the newspaper for all publications
as required by law and as necessary for completion of this Assessment District.
Section V:
That the OFFICE OF PUBLIC WORKS is hereby appointed the Assessment Engineer for
said proceedings, and said Assessment Engineer shall perfonn all of the duties and responsibilities
as set forth by law as they relate to said Assessment District.
Section VI:
That BROWN, DIVEN & HENTSCHKE, Attorneys at Law, is hereby appointed to act as
Bond Counsel for the purposes of preparing proceedings and issuing an approving opinion attesting
to the validity of the proceedings and the enforceability of the bonds pursuant to the tenns and
provisions of a Special Counsel Agreement submitted herewith, which Agreement is hereby accepted
and approved for execution on behalf of the City.
Section VII:
That STONE & YOUNGBERG is hereby appointed as Underwriter in these proceedings and
is hereby authorized to submit a proposal to this legislative body for the purchase of the bonds to be
issued to finance the improvements pursuant to the provisions of the "Improvement Bond Act of
1915", being Division 10 of the Streets and Highways Code of the State of Califomia,
Section VIII:
That the Acquisition/Financing Agreement, as submitted for this Assesment District, is
hereby approved, and execution is authorized to be made on behalf of the City,
Section IX:
That it is hereby found that said Petition has been signed by owners owning land
constituting more than sixty percent (60%) of all assessable land within the boundaries of the
proposed Assessment District.
Section X:
That said Petition, as filed and herein approved, meets all the requirements of Division 4
of the Streets and Highways Code of the State of Califomia, said Division being the "Special -Assessment
Investigation, Limitation and Majority Protest Act of 1931". No further proceedings or limitations
under said Act are applicable, as specifically set forth and authorized by Section 2804 thereof.
Section
XI:That
the First Amendment to Agreement dated August 29, 1995, the Agreement between the
City, Property Owner and the Orange County Flood Control District relating to the installation and ownership
of certain drainage facilities, is hereby approved and authorized for execution,
Section XII:
That this legislative body hereby further finds and determines as follows:
A. The total estimated amount of the proposed assessments will not exceed 75% of the
estimated fair market value of the land proposed to be assessed after the public improvements have
been installed.
B. It is further determined that said petition has been properly signed by not only property
owners, but also any mortgagee or beneficiary under any existing mortgage or deed of trust, as
applicable.
Section XIII:
That this legislative body hereby establishes a special IMPROVEMENT FUND designated
by the name and number of the Assessment District, and into said fund shall be placed all proceeds
from the sale of bonds and cash collections. In order to expedite the improvements or acquisition
under these proceedings and as authorized by law, funds from any available source may be
transferred into said special fund, Any funds transferred are a loan to the fund and shall be repaid
out of the proceeds of the sale of bonds, including authorized incidental expenses, as well as costs
for the installation of the authorized public improvements, all as required and authorized by law, and
specifically Section 10210 of the Streets and Highways Code of the State of California.
ADOPTED this 14th day of NOV;~ ' 1995.
t'f"i I IlL Ce,: \... (", ;:'1,( (' __
J(j8nne Coontz, Mayor of the Cio/;pf Orange
ATTEST:
Cassandra J, Cathc ,City Clerk of the City of Orange
I hereby certify that the foregoing Resolution was duly and regularly adopted by the City
Council of the City of Orange at a regular meeting thereof held on the 14th day of November, 1995,
by the following vote:
AYES: COUNCILMEMBERS: MURPHY, BARRERA, MAYOR COONTZ, SPURGEON, SLATER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
A.1A/>f~ L('~~~/7T
Cassandra J. Catt{6art, City Clerk of the City of Orange