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HomeMy WebLinkAboutCity Council - 5926 RESOLUTION NO. 5926 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING INTENTION TO ORDER CONSTRUCTION OF CERTAIN IMPROVEMENTS, 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 (ASSESSMENT DISTRICT NO. 88-1, RESERVOIR HILL) The City Council of the City of Huntington Beach hereby resolves as follows: 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 construction of certain public improvements, together with appurtenances and appurtenant work, in a special assessment district known and designated as Assessment District No. 88-1 (Reservoir Hill) . Section 1 . DESCRIPTION OF IMPROVEMENTS: A. The construction and installation of approximately 14 ,400 lineal feet of new water distribution mains and connections to existing mains to serve and benefit properties located within the boundaries of this 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 constructed 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, profiles and specifications to be made therefor, as hereinafter provided. D . The description of the improvements and the termini of the work contained herein 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 to that extent, said grades are hereby changed and said work will be done to said changed grades. Section 2 . DESCRIPTION OF ASSESSMENT DISTRICT: 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 5926 - 2 - r pay the costs and expenses thereof, including incidental expenses and costs and which .are described as follows: All that certain territory 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. 88-1 (Reservoir Hill) , and which map was heretofore approved and which said 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 Assessment District, reference is hereby made to said boundary map heretofore previously approved, and for a complete description of said Assessment District, the said plat and proposed boundary map on file shall govern. Section 3 . REPORT OF ENGINEER: This proposed improvement is hereby referred to Black & Veatch, who are hereby directed to make and file the report in writing containing the following: A. Plans and specifications of the proposed improvements; k - 3 - 5926 B . An estimate of the cost of the proposed works of improvements, 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 constructed under these proceedings, and acquisition, where necessary. When any portion or percentage of the cost and expenses of the improvements are 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 . I A - 4 - 5926 Section 1 . BONDS: Notice is hereby given that serial 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 191511 , 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 Nineteen ( 19 ) Years from the second day of September next succeeding twelve (12 ) months from their date. The provisions of Par 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 . Section 5 . "MUNICIPAL IMPROVEMENT ACT OF 191311 : 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 5 - 5926 1913" , being Division 12 of the Streets and Highways Code of the State of California. Section 6 . SURPLUS FUNDS: 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 ($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; or C . For the maintenance of the improvement . Section 7 . SPECIAL FUND: 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. Section 8 . PRIVATE CONTRACT: Notice is hereby given that the public interest will not be served by allowing the property owners to take the contract for the construction of the improvements, and that, as authorized by law, no notice of award of contract shall be published . _ 6 _ 5926 Section 9 . GRADES: 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 . Section 10 . PROCEEDINGS INQUIRIES: For any and all information relating to these proceedings , including information relating to protest procedure, your attention is directed to the person designated below: Les Evans, City Engineer City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Telephone: 714/536-5435 Section 11 . PUBLIC PROPERTY: 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. Section 12 . NO CITY LIABILITY: It is hereby further determined and declared that the City of Huntington Beach will not obligate itself to advance any available funds from the City Treasury to cure any deficiency or delinquency which may occur in the bond redemption fund by failure of property owners to pay annual special assessments . This determination shall be clearly set forth and stated in the title o the bonds to be issued pursuant to these proceedings as - 7 - 5926 authorized and required by Section 8769 of the Streets and Highways Code of the State of California. Section 13 . PETITION: 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 said written petition expressly contains a waiver of any of the proceedings and limitations as set forth under Division 4 of the Streets and Highways Code of the State of California, the "Special Assessment Investigation, Limitation and Majority Protest Act of 193111 . PAGE END l i - 8 - 5926 Section 14 , WORK ON PRIVATE PROPERTY: 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. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof on the 19th day of September , 1988 . Ma r ATTEST: AP ED AS Tq FORM: City Clerk y A orn y ` RE W N A ED• I ITIATED APPR City Adminis ra or Director of Public Works - 9 - 5926 Res. No, 5926 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly appointed, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on the 19th day of September 19 88 by the following vote: AYES: Councilmembers: Kelly, Green, Finley, Mays, Winchell NOES Councilmembers: Erskine, Bannister ABSENT: Councilmembers: None City Clerk and ex-officiowClerk of the City Council of the City of Huntington Beach, California