RES-7816 Making Appointments in a Special Assessment DistrictRESOLUTION NO. 7816
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE MAKING APPOINTMENTS IN A
SPECIAL ASSESSMENT DISTRICT
WHEREAS, the CITY COUNCIL of the CITY OF ORANGE, CALIFORNIA, is
considering the formation of a special assessment district, pursuant to
the terms and provisions of the "Municipal Improvement Act of 1913",
being Division 12 of the Streets and Highways Code of the State of
California, 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. 91-
1 CUMBERLAND ROAD) (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 perform
certain duties, in order to allow the proceedings to go forward to completion
in accordance with the provisions of
law.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
II:That the PUBLIC WORKS DIRECTOR is hereby appointed to perform 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 California, for the above-referenced
Assessment District.
Section III:That the place for recordation of the assessment roll
and diagram shall be in the Office of the Superintendent of Streets, and
said assess-ment roll and diagram, upon recordation, shall be kept as
a
permanent record.
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 BROWN, HARPER, BURNS & HENTSCHKE, Attorneys at Law,
is hereby appointed to act as Bond Counsel for the purposes of
preparing proceed-ings and issuing an approving opinion attesting to the validity
proceedings and the enforceability of the bonds, pursuant to the terms
and conditions of a Special Counsel Agreement submitted herewith, which
Agreement is hereby accepted and approved for execution.
Section VI:
That the City of Orange shall hold and be the purchaser of all bonds
to issue to represent unpaid assessments for the AssBssment District, and
said City shall be repaid for any advances through the annual levy and
collection of assessments, said assessments representing annual install-
ments and payments on the bonds. Said bonds shall issue substantially
pursuant to the terms and provisions of the "Improvement Bond Act of
1915", being Division 10 of the Streets and Highways Code of the State of
California.
Section VII:
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 avail-
able source may be transferred into said special fund. Any funds trans-
ferred are a loan to the fund and spall 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 28th day of 1991.
ATTEST:
me~--:,~ a ~City
Cler of ~e ~y 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 28th day of May , 1991, by the
following vote:AYES:
COUNCILMEN: STEINER, BARRERA, MAYOR BEYER, COONTZ, SPURGEON NOES:
COUNCILMEN: NONE ABSENT:
COUNCILMEN: NONE City
Cler f t ~y of Orange Reso.
No. 7816 2-