RES-7818 Declaring Intention to Order Installation of Certain Improvements in a Proposed Assessment DistrictRESOLUTION NO. 7818
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; ORDERING THE
PREPARATION OF A REPORT 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 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 California (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. 91-1 (
CUMBERLAND ROAD) (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 local sanitary sewer line,
together with appurtenances, in CUMBERLAND ROAD, to serve and benefit
all properties within the boundaries of the Assessment
District.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, of the
forms, sizes, dimensions and materials, and at the lines, grades and elevations
as shown and delineated upon the plans, prof iles 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 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 extent, said
grades are hereby changed and said work will be done to
DESCRIPTION OF ASSESSMENT DISTRICT
Section II:
That said improvements .and work 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, 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 terr itory 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 BOUNDARIES OF ASSESSMENT DISTRICT NO. 91-
1 CUMBERLAND ROAD)", and which map was heretofore approved and which
said map or diagram is on file with the transcript of these
proceedings,EXCEPTING therefrom 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 Assess-ment District, reference is hereby made to said
boundary map heretofore previously approved
and on file.
REPORT OF
ENGINEER Section III:That this proposed improvement is hereby referred
to the SUPERINTEN-DENT OF STREETS, who is hereby directed to make and
file a combined report as authorized by Section 2961 of the Streets and
Highways Code of the State of California, said report to be in writing
and
contain 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;Reso.
E. The description of the works of improvement to be installed
under these proceedings, and acquisition, where necessary.
F. The total amount, as near as. may be determined, of the principal
sum of any unpaid special assessments previously levied or pending, other
than those contemplated in these proceedings.
G. The true value of the parcels of land and improvements which are
proposed to be assessed. Said true value may be estimated as the full
cash value of the parcels as shown upon the last equalized assessment
roll of the County.
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 assess-
ments, bearing interest at the rate of eight percent (B\) 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 California, which bonds shall mature a maximum of and not to exceed
NINE (9) 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 alternative procedure for the advance payment of assessments
and the calling of bonds shall apply.
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 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 by the
Treasurer or designated Paying Agent.
Refunding
Any bonds issued pursuant to these proceedings and Division (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
Reso. No. 7818 3-
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 California, 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
California.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 fundI 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
FundI B. As a credit upon the assessment and any supplemental
assessment;
or C. For the maintenance of the
improvement.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.Reso. No. 7818
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:
GARY JOHNSON, CITY ENGINEER
CITY OF ORANGE
P. O. BOX 449
ORANGE, CA 92666
TELEPHONE: (714) 744-
5544 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
herein.NO CITY
LIABILITY Section
XII: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 Bond Act of
1915".DIVISION 4
PROCEEDINGS Section
XIII:It is the intention of this legislative body to fully comply
with the proceedings and provisions of the "Special Assessment
Investigation,Limitation and Majority Protest Act of 1931", being Division 4 of
the Streets and Highways Code of the State of California, and
specifically Reso. No. 7818
the alternate provisions thereof, being Part 7.5. A combined Report, as
authorized by Section 2961, will be on file with the transcript of these
proceedings and open for public inspection.
WORK ON.PRIVATE PROPERTY
section XV:
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 Oil 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 XVI:
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 reserve of other related
funds.
ADOPTED this 28th day of Ma 1991.
ATTEST:
c~~~2~ge
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
U~ W#A/~
City Clerk thtJC' of Orange
Resc. No. 7818 6-