RES-8541 Declaring Intention to Order Installation of Certain Improvements Special Assessment District No. 95-1RESOLUTION NO. 8541
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ORANGE DECLARING INTENTION TO ORDER THE INSTALLATION
OF CERTAIN IMPROVEMENTS IN A PROPOSED ASSESSMENT
DISTRICT; 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
AD 95-
1 THE CITY COUNCIL OF THE CITY OF ORANGE, CALIFORNIA, DOES HEREBY RESOLVE
AS
FOLLOWS:Section
I: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 Califomia (
the Municipal Improvement Act 1913"), to order the installation of certain public improvements,
together with appurtenances and appurtenant work, in a special assessment district known and
designated as ASSESSMENT DISTRICT NO, 95-1 (SYCAMORE CROSSING) (hereinafter referred to
as the
Assessment District").DESCRIPTION
OF IMPROVEMENTS A. The financing of certain public improvements described as the
construction and installation of a portion of the drainage improvements, together with appurtenances
to SANTIAGO CREEK, running Westerly from TUSTIN STREET approximately 2500 feet. All improvements
to be assessed will benefit properties within the boundaries of Assessment District No,
95-
1 (Sycamore Crossing).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 installed at the
places and in the particular locations, and to the sizes, dimensions and materials, to the lines,
grades and elevations as shown and delineated upon the plans, profiles and specifications, all to be made a
part
of the Engineer's Report".D. The description of the improvements contained in this
Resolution is general in nature,and 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,DESCRIPTION
OF ASSESSMENT DISTRICT Section II:That said improvements are of direct benefit to the
properties and land within the Assessment District, and this legislative body hereby makes the
expenses of said work and improvement chargeable upon a district,
All that certain territory in the District included within the exterior boundary lines shown on
the plat exhibiting the property benefited and to be assessed to pay the costs and expenses of said
work and improvements in the Assessment District, said map titled "PROPOSED BOUNDARIES OF
ASSESSMENT DISTRICT NO. 95-1 (SYCAMORE CROSSING)", and which map was
heretofore approved and which said map is on file with the transcript of these proceedings,
EXCEPTING therefrom the area shown within the area of all public streets, easements or public rights-
of-way, For all particulars as to the boundaries of the Assessment District, reference is hereby
made to said previously
approved boundary map.
REPORT OF
ENGINEER Section III:That this proposed improvement is hereby referred to the OFFICE OF
PUBLIC WORKS, 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 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, from 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 installed
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 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 Subsection D.
of
this Section.
BONDS Section IV:Notice is hereby given that bonds to represent the unpaid assessments,
and bear interest at the rate of not to exceed the current legal maximum rate of 12% 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 Califomia, which bonds shall be issued not
to exceed the legal maximum term as authorized by law, THIRTY-NINE (39) YEARS from
the second day of September next succeeding twelve (12) months from their date. The provisions of Part
11.1 of said Act, providing an altemative procedure for the advance payment of assessments
and the calling
The principal amount of the bonds 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 Califomia,
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 by the
Treasurer or designated Paying Agent.
Refundina
Any bonds issued pursuant to these proceedings and Division 11,5 of the Streeets and
Highways Code of the State of Caifomia (a) may be refunded (b) the interest rate on said bonds shall
not exceed the maximum interest rate as authorized for these proceedings, and the number of years
to maturity shall not exceed the maximum number as authorized for these bonds unless a public
hearing is expressly held as authorized pursuant to said Division 11,5, and (c) any adjustments in
assessments resulting from any refundings will be done on a pro-rata
basis.Any authorized refunding shall be pursuant to the above conditions, and pursuant to
the provisions and restrictions of Division 11,5 of the Streets and Highways Code of the State
of Califomia, commencing with Section 9500, and all further conditions shall be set forth in the
Bond Indenture to be approved prior to any issuance of
bonds,MUNICIPAL IMPROVEMENT ACT OF
1913"Section
V: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
Califomia,SURPLUS
FUNDS Section
VI:That if any excess shall be realized from the assessment, it shall be used, in such
amounts as the legislative body 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;C. For the maintenance of the improvement;
or D. To call
SPECIAL FUND
Section VII:
The legislative body hereby establishes a special improvement fund identified and
designated by the name of this Assessment District, and into said Fund monies may be transferred
at any time to expedite the making of the improvements herein authorized, and any such
advancement of funds is a loan and shall be repaid out of the proceeds of the sale of bonds as
authorized by law.
PRIVATE CONTRACT
Section VIII:
Notice is hereby given that the public interest will not be served by allowing the property
owners to take the contract for the installation of the improvements, and that, as authorized by law,
no notice of award of contract shall be published, This limitation does not prohibit the property
owners from financing all or a portion of the improvements through a private acquisition agreement.
GRADES
Section IX:
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 X:
For any and all information relating to these proceedings, including information relating to
protest procedure, your attention is directed to the person designated below:
BOB KNAAK
ENGINEERING DEPARTMENT
CITY OF ORANGE
300 EAST CHAPMAN
ORANGE, CA 92666
TELEPHONE: (714) 744-
5559
above.Written protests should be addressed to the City Clerk and mailed to the address
listed PUBLIC
PROPERTY Section
XI: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
Section XII:
NO CITY L1ASI L1TY
This legislative body hereby further declares not to obligate itself to advance available funds
from the Treasury to cure any deficiency which may occur in the bond redemption fund. This
determination is made pursuant to the authority of Section 8769(b) of the Streets and Highways Code
of the State of California, and said determination shall further be set forth in the text of the bonds
issued pursuant to the "Improvement Sond Act of 1915".
PETITION
Section XIII:
That a petition signed by property owners representing more than 60% in area of the
property subject to assessment for said improvement has been signed and filed with the legislative
body, and no further proceeding or actions will be required under Division 4 of the Streets and
Highway Code of the State of California, the "Special Assessment Investigation, Limitation and
Majority Protest Act of 1931".
WORK ON PRIVATE PROPERTY
Section XIV:
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 improvements 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.
ANNUAL ADMINISTRATIVE ASSESSMENT
Section >01:
It is hereby declared that this legislative body proposes to levy an annual assessment
pursuant to Section 10204 of the Streets and Highways Code of the State of California, said annual
assessment to pay costs incurred by the City and not otherwise reimbursed which result from the
administration and collection of assessments or from the administration or registration of any
associated bonds and their related funds.
UTILITY IMPROVEMENTS
Section >011:
This legislative body further proposes to enter into an Agreement with the Orange County
Flood Control District relating to terms and conditions on the installation, ownership, management and
control of certain drainage facilities. A copy of said Agreement shall be, upon approval, on file in the
Office of the City Clerk,
ADOPTED this --l1t.bday of NoveU1l1er 1995.
I
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L / ~ _L--L- /"'--"-i'{' -~__ (~
t'
j !-_ /'Joanne Coontz,
Mayor of th~,&ty of Orange ATTEST:Cassandra
J,
Cathc d 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 ~ day of NO""mh<>r 1995, by
the following vote:AYES: COUNCILMEMBERS:
MURPHY, BARRERA, r1AYOR COONTZ, SPURGEON, SLATER NOES: COUNCILMEMBERS:
NONE ABSENT: COUNCILMEMBERS:
NONE A~~.AA';;:
I-cart, City
Cler" of the City of Orange