Loading...
HomeMy WebLinkAboutCity Council - 4070 RESOLUTION NO, 4070 CITY OF HUNTINGTON BEACH, CALIFORNIA RESOLUTION OF THE CITY COUNCIL DECLARING ITS INTENTION TO ORDER THE CONSTRUCTION OF CERTAIN PUBLIC IMPROVEMENTS, TOGETHER WITH APPURTENANCES AND APPURTENANT WORK IN CONNECTION THEREWITH IN A SPECIAL ASSESSMENT DISTRICT; DESCRIBING THE DISTRICT TO BE BENEFITED BY SAID IMPROVE- MENT AND TO BE ASSESSED TO PAY THE COST; AND FURTHER PROVIDING FOR THE ISSUANCE OF BONDS. ASSESSMENT DISTRICT NO. 7302 (OLD TOWN DRAINAGE ASSESSMENT DISTRICT) THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: DESCRIP`i'ION OF IMPROVEMENT SECTION 1. in its opinion, the public interest, conven- ience and necessity require, and it is the intention of said City Council to order the following work and improvements, to wit: The construction of certain storm water drain improve- ments together with appurtenances and appurtenant work including necessary acquisition and appurtenances in a special assessment district and generally within portions of the following streets; ADAMS AVENUE DELAWARE STREET YORKTOWN AVENUE GARFIELD AVENUE BEACH BOULEVARD and other streets and easements, and for particulars, reference is further made to the map attached hereto, showing the proposed works of improvement and the boundaries of the assessment district, said map hereby referenced and incorporated herein. Fur further particulars as to a description of the proposed works of improvement, reference is hereby made to the previously approved pro- posed boundary map an file in the office of the City Clerk of said city. A. Said streets and highways are more particularly shown in the records in the Office of the County Recorder and shall be shown upon the plans herein referred to and to be filed with the Clerk of said City. B. All of said work and improvements are to be con- structed at the places and in the particular loca- tions, of the forms, sizes, dimensions and materials, and at the lines, 'grades and elevations as shown and delineated upon the plans, profiles and specifications to be made therefor, as hereinafter provided. i C. The descriptions 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. D. 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 re- ferred to are included to the extent that work shall be shown on the plans to be done therein, E. 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 that said work will be done to said changed grades. DESCRIPTION OF ASSESSMENT DISTRICT SECTION 2. That .the said work and improvement is of more than local or ordinary public benefit and this City Council hereby makes the expenses of said work and improvement chargeable upon a district, which said assessment district said City Council hereby declares to be the district benefited 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 situated in Huntington Beach, California, 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 improvement in said special assessment district, which said Plat is titled and identified as "Proposed Boundaries of which said Map was heretofore approved by the City Council of said City, which said.Map or Diagram is on file in the Office of the City Clerk, 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 con- tained belonging to the public. For all particulars as to the bound- aries of the assessment district, reference is hereby made to said Proposed Boundary Map. REPORT OF ENGINEER SECTION 3. This proposed improvement is hereby referred to William Hartge, Director of Engineering and Public Works, and he is hereby directed to make and file with the City Clerk a "Re- port" in writing containing the following: 1. Plans and specifications of the proposed improvements. 2. An estimate of the cost of the proposed improvement, including the cost of the incidental expenses in connection therewith. 3. A Diagram showing the Assessment_District above referred to, which shall also show `2- the boundaries and dimensions of the respective subdivisions of land within said City, 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. 4. A proposed assessment of the total amount of the cost and expenses of the proposed improvement upon the several divisions of land in said City in proportion to the estimated benefits to be received by such subdivisions, respectively from said im- provement, Said assessment shall refer to such subdivisions upon said Diagram by the respective numbers thereof, 5. Description of the works of improvement and easements to be acquired under said proceedings. 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 cost and expenses of said improvements, and said assessment shall include only the remainder of the estimated cost and expenses. Said assessment shall refer to said subdivisions by their respective numbers as assigned pursuant to subdivision (4) of this section, BONDS SECTION 4. Notice is hereby given that serial bonds to represent the unpaid assessments, and bear interest at the rate of not to exceed eight percent (8%) per antrum, 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, the last installment of which bonds shall mature a maximum of and not to exceed twenty-four (24) years from the second day of July next suc- ceeding ten (10) months from their date. The provisions of Part 11.1 of said Act, providing an alterna- tive 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 adjustments. Said bonds shall be payable at the office of the City Treasurer, City of Huntington Beach, California, and said assessment installments will be collected along with the general county taxes in the manner and form as set forth by law. -3- °MUNICIPAL IMPROVEMENT ACT OF 1913" SECTION 5. Except as herein otherwise provided for the issuance of bonds, all of said improvement 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. SURPLUS FUNDS SECTION 6. If any excess shall be realized from the assess- ment, 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 of the City, 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 amount expended from the improvement fund; (b) As a credit upon the assessment and any supplemental assessment; or (c) For the maintenance of the improvement. SPECIAL FUND SECTION 7. The legislative body hereby establishes a special fund designated "ASSESSMENT DISTRICT NO. 7302, ADVANCE ACCOUNT" into which the City Council may at any time transfer funds 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 assessment bonds as authorized by law. PRIVATE. CONTRACT SECTION 8. Notice is hereby given that, in the opinion of the City Council, the public interest will not be served by allowing the property owners to take the contract for the construction of the improvements and that, pursuant to Section 10502.4 of the Streets and Highways Code, no notice of award of contract need be published. PUBLIC CONVENIENCE AND NECESSITY SECTION 9. That, pursuant to the provisions of Section 17 of Article XII2 of the Constitution of the State of California and Section 2804 of the Streets and Highways Code, notice is hereby given that a hearing will be held by the City Council to find and determine whether the public convenience and necessity require said work or improvement and whether the provisions of the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931" shall apply thereto. APPROVED and ADOPTED this 21st day of yl 1975. ATTEST: MAYOR OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA • _ a5 TO FORM: DO i P. BONFA CITY CLERK OF THE CITY OF City Au'grues HUNTINGTON BEACH, CALIFORNIA -4- RY< sv H V1 rh All Q �qq Z w � y1• Q G a ° J w � F' Npp} T' it3OO' r- U I CL Gp 00 c A 1 N V ORKT /i✓ tN Eu 4 LEGEND o DRAWAGE OISTRICT BD1i1f.r�.�a».�.. !�/► STORM DRAIN SYSTEM --0--0 +1---0- PnoT"kAp-* cm PW— vl i77+ Q p t'tithln�NGs t,DGM'Icx.IS c � ° tEANBN€b `' r STATE OF CALIFORNIA ) COUNTY OF ORANGE CITY OF HUNTINGTON BEACH I, ALICIA M. WENTWORTH , City Clerk of the City of Huntington Beach, , California, DO HEREBY CERTIFY that the foregoing Resoluton, being Resolution No. 4079 , was duly passed, approved and adopted by said City council, approved and signed by the Mayor, and attested by the City Clerk, all at ,a meeting of said City Council held on the 21st day of April 19 75, and that the same was passed and adopted by the following vote, to wit: AYES: COUNCILMEN: Shipley, Bartlett, Coen, Matney, wieder, Duke, Gibbs NOES: COUNCILMEN: None ABSENT: COUNCILMEN None DATED this zznd day of April , 19 75 . CITY CLERK OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA (SEAL)