HomeMy WebLinkAboutFile 1 of 2 - Reservoir Hill - Assessment District 88-1 - Wa � Engineering Report
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� RESERVOIR HILL
� WATER MAIN EXTENSION
ASSESSMENT DISTRICT No. 88-1
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' Prepared for
CITY OF NUNTINGTGN BEACH
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Prepared by
' BIaCK &Veatch
Engineers-Architects
Project No. 14155.300
November 28, 1988
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tAGENCY: CITY OF HUNTINGTON BEACH
PROJECT: ASSESSMENT DISTRICT NO. 88-1
' (RESERVOIR HILL)
TO: CITY COUNCIL
' CITY OF HUNTINGTON BEACH
' ENGINEER'S "REPORT"
PURSUANT TO THE PROVISIONS
OF SECTION 10204 OF THE
' STREETS AND HIGHWAYS CODE
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, and in accordance with the Resolution of Intention, being
Resolution No. 59-26, adopted by the CITY COUNCIL of the CITY OF HUNTINGTON
' BEACH, STATE OF CALIFORNIA, in connection with the proceedings for
ASSESSMENT DISTRICT NO. 88-1 (RESERVOIR HILL) (hereinafter referred to as
the "Assessment District") , I, as authorized representative of
' BLACK & VEATCH, the duly appointed ENGINEER OF WORK, submit herewith the
"Report" for the Assessment District, consisting of five (5) parts as
follows:
' PART I
Plans and specifications for the proposed improvements are filed herewith
and made a part hereof. Said plans and specifications are on file in the
Office of the City Clerk.
PART II
An estimate of the cost of the proposed improvements, including incidental
costs and expenses in connection therewith, is as set forth on the lists
' thereof, attached hereto, and are on file in the Office of the City Clerk.
PART III
' A proposed assessment of the total amount of the costs and expenses of the
proposed improvements upon the several subdivisions of land within the
Assessment District, in proportion to the estimated benefits to be received
' by such subdivisions, from said improvements, is _set forth upon the
assessment roll filed herewith and made a part hereof.
' PART IV
A diagram showing the Assessment District, the boundaries and the
' dimensions of the subdivisions of land within said Assessment District, as
the same existed at the time of the passage of the Resolution of Intention,
is filed herewith and made a part hereof, and part of the assessment.
' 14155.300/2.4 1
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' PART V
Description of the work for the proposed improvements and description of
' all rights-of-way, easements and lands to be acquired, if necessary.
' Dated this 24th day of October , 1988.
' BLACK & VEATCH
' ENGINEER OF WORK
CITY OF HUNTINGTON BEACH
STATE OF CALIFORNIA
PRELIMINARY APPROVAL BY THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH,
CALIFORNIA, ON THE 24th DAY OF October , 1988.
CITY CLERK
CITY OF HUNTINGTONYBEACH-
STATE OF CALIFORNIA-`
FINAL APPROVAL BY THE CITY COUNCIL OF THE CITY OF HUNTINGTON --BEACH,
CALIFORNIA, ON THE 5th DAY OF December ,• 1988.
' CITY CLERK
CITY OF HUNTINGTON-BEACH
STATE OF CALIFORNIA:
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' 14155.300/2.4 2
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' ENGINEER'S "REPORT"
' PART I
PLANS AND SPECIFICATIONS
The plans and specifications for this Assessment District are referenced
' herein and incorporated as if attached and a part of this "Report".
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14155.300/2.4 3
' ENGINEER'S "REPORT"
PART II
' COST ESTIMATE
' I. PUBLIC WORKS OF CONSTRUCTION:
ESTIMATED COST
' BID ITEMS QUANTITY PRELIMINARY CONFIRMED
1. 18-inch PVC pipe, SDR 18 3,954 L.F. 336,090 321,504
' 2. 16-inch PVC pipe, SDR 18 5,214 L.F. 354,552 374,345
3. 12-inch PVC pipe, SDR 18 3,492 L.F. 178,092 220,505
4. 20-inch Butterfly Valve. . 1 ea. 4,500 3,500
' 5. 18-inch Butterfly Valves 6 ea. 24,000 20,400
6. 16-inch Butterfly Valves 8 ea. 28,800 20,800
7. 12-inch Gate Valves 15 ea. 30,000 16,500
' 8. 8-inch Gate Valves 9 ea. 8,100 6,300
9. 6-inch Gate Valves 3 ea. 1,500 1,800
10. 4-inch Blow-off Assembly 9 ea. 22,500 15,300
11. 2-inch Air-Vacuum Relief 22 ea. 48,400 46,200
' 12. 16-inch Check Valve 1 ea. 3,000 4,000
13. 12-inch Check Valve 1 ea. 2,200 3,000
14. 8-inch Check Valve 2 ea. 2,200 4,000
' 15. through 35. Connection Details Lump Sum 69,865 80,700
36. 4-inch Blow-off (Detail V) 14 ea. 49,000 39,200
37. Traffic Control Lump Sum 15,000 6,000
38. Sheeting and Shoring Lump Sum 15,000 1,700
SUBTOTAL, PUBLIC WORKS OF CONSTRUCTION: $ 1,192,799 $ 1,185,754
II. WORK BY OTHERS (CONSTRUCTION) : $ 0 $ 0
SUBTOTAL, WORK BY OTHERS
(CONSTRUCTION) $ 0 $ 0
TOTAL CONSTRUCTION (ITEMS I AND II) $ 1,192,799 $ 1,185,754
' CONSTRUCTION CONTINGENCY $ 119,280 $ 118,575
TOTAL CONSTRUCTION AND CONTINGENCY $ 1,312,079 $ 1,304,329
' III. INCIDENTAL EXPENSES:
' Design Engineering $ 78,000 $ 78,000
Agency Engineering 0 0
Preliminary survey 22,000 22,000
Preliminary soils engineering 15,000 15,000
' Assessment engineering
A. Debt Limit Report 7,000 7,000
B. Engineer's Report 46,000 46,000
14155.300/2.4 4
' ESTIMATED COST
PRELIMINARY CONFIRMED
' Special Counsel $ 20,000 $ 20,000
Financial Consultant 15,000 15,000
Right-of-Way Engineering 8,000 0
Appraisals 0 0
Acquisition of land 0 0
Agency Administration 5,000 0
Plan checking 8,000 0
Construction inspection 20,000 0
Construction survey In Bid In Bid
Construction administration 12,000 12,000
' Compaction test 25,000 25,000
Printing and advertising, notices, etc. 2,000 2,000
Fee for California Debt Advisory Commission 0 0
Bond printing and servicing 2,000 22000
' Incidental contingency 28,952.21 22,035.39
SUBTOTAL INCIDENTAL COSTS $ 313,952.21 $ 266,035.39
' Bond discount (3%) $ 48,781 $ 47,111
Reserve fund (6%) 97,562 94,222
' Capitalized interest (4%) 65,041 622814
TOTAL INCIDENTALS AND FINANCING COSTS $ 5252336.21 $ 470,182.39
' TOTAL CONSTRUCTION AND INCIDENTALS $1,837,415.21 $1,774,511.39
IV. CASH CONTRIBUTIONS $ 0 $ 0
' SUBTOTAL CONTRIBUTIONS $ 0 $ 0
' BALANCE TO ASSESSMENT $1,837,415.21 $1,774,511.39
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14155.300/2.4 5
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ENGINEER'S "REPORT"
' PART III
ASSESSMENT ROLL
WHEREAS, on September 19 1988, the CITY COUNCIL of the CITY OF HUNTINGTON
BEACH, CALIFORNIA, did, pursuant to the provisions for the "Municipal Improvement
' Act of 1913", being Division 12 of the Streets and Highways Code of the State of
California, and as amended, adopt its Resolution of Intention No. 59-26, for the
construction of certain public improvements, together with appurtenances and
' appurtenant work in connection therewith, in a special assessment district known
and designated as ASSESSMENT DISTRICT NO. 88-1 (RESERVOIR HILL) (hereinafter
referred to as the "Assessment District") ; and,
' WHEREAS, said Resolution of Intention, as required by law, did direct the
appointed Superintendent of Streets to make and file a "Report", consisting
of the following:
' a. Plans;
b. Specifications;
c. Cost estimate;
d. Assessment Diagram showing the Assessment District and the subdivisions of
land contained therein;
e. A proposed assessment of the costs and expenses of the works of
' improvement levied upon the parcels and lots of land within the
boundaries of the Assessment District.
' For particulars, reference is made to the Resolution of Intention as
previously adopted.
NOW, THEREFORE, I, as authorized representative of BLACK & VEATCH, the duly
' appointed ENGINEER OF WORK, pursuant to the "Municipal Improvement Act of
1913", do hereby submit the following:
' 1. I, pursuant to the provisions of law and the Resolution of Intention,
have assessed the costs and expenses of the works of improvement to be
performed in the Assessment District upon the parcels of land in the
' Assessment District benefited thereby in direct proportion and relation to
the estimated benefits to be received by each of said parcels. For
particulars as to the identification of said parcels, reference is made to
the Assessment Diagram, a copy of which is attached hereto.
2. As required by law, a Diagram is hereto attached, showing the
Assessment District, as well as the boundaries and dimensions of the
' respective parcels and subdivisions of land within said District as the
same existed at the time of the passage of said Resolution of Intention,
each of which subdivisions of land or parcels or lots respectively
' have been given a separate number upon said Diagram and in said
Assessment Roll.
' 14155.300/2.4 6
' 3. The subdivisions and parcels of land the numbers therein as shown on the
respective Assessment Diagram as attached hereto correspond with the numbers
' as appearing on the Assessment Roll as contained herein.
4. NOTICE IS HEREBY GIVEN that bonds will be issued in accordance with
' Division 10 of the Streets and Highways Code of the State of
California (the "Improvement Bond Act of 1915") , to represent all
unpaid assessments, and the last installment of said bonds shall mature
a maximum of nineteen (19) YEARS from the 2nd day of September next succeeding
twelve (12) months from their date. Said bonds shall bear interest at a rate
not to exceed the current legal maximum rate of 12% per annum.
' 5. By virtue of the authority contained in said "Municipal Improvement
Act of 1913", and by further direction and order of the legislative
body, I hereby make the following Assessment to cover the costs and
expenses of the works of improvement for the Assessment District based
on the costs and expenses as set forth below:
' AS PRELIMI-
NARILY APPROVED CONFIRMED
' Estimated Cost of Construction: $1,312,079.00 $1,304,329.00
Estimated Incidental Costs and Expenses: $ 525,336.21 $ 470,182.39
' Estimated Total Cost: $1,837,415.21 $1,774,511.39
Estimated Contribution: $ 0 $ 0
' Balance to Assessment: $1,837,415.21 $1,774,511.39
' For particulars as to the individual assessments and their
descriptions, reference is made to the Exhibit attached hereto.
' 6. The Method of Spread Assessment is as set forth in Exhibit "A", which
is attached hereto, referenced and so incorporated.
' DATED: October 24 , 1988; Modified December 5 1988.
' BLACK & VEATCH
' ENGINEER OF WORK
CITY OF HUNTINGTON BEACH
STATE OF CALIFORNIA
14155.300/2.4 7
' EXHIBIT "A"
' METHOD AND FORMULA OF ASSESSMENT SPREAD
' The law requires and the statutes provide that assessments, as levied pur-
suant to the provisions of the "Municipal Improvement Act of 1913", must be
based on the benefit that the properties receive from the works of improve-
ment. The statute does not specify the method or formula that should be
used in any special assessment district proceedings. The responsibility
' rests with the Assessment Engineer, who is retained for the purpose of
making an analysis of the facts and determining the correct apportionment
of the assessment obligation. For these proceedings, the City has retained
the services of Black & Veatch. (See attached Exhibit for a statement of
' qualifications and experience) .
The Assessment Engineer then makes his recommendation at the public hearing
' on the Assessment District, and the final authority and action rests with
the City after hearing all testimony and evidence presented at that public
hearing. Upon the conclusion of the public hearing, the City must make the
final action in determining whether or not the assessment spread has been
' made in direct proportion to the benefits received.
The Reservoir Hill area consists predominately of currently undeveloped
properties which are located in an area of the City that lies generally
' above elevation 60. An existing booster pressure zone is located within
this area. This booster pressure zone will be expanded by formation of the
' Assessment District. The existing booster pressure zone consists of the
Seacliff Estates Development and the Seacliff Village Shopping Center.
Water facilities to serve the existing booster pressure zone are already in
place and have been paid for by the appropriate developers. These present
' water customers located within the existing booster pressure zone will
receive no direct benefit from the project and will not be assessed for the
improvements.
' The Assessment District will be the area generally bounded on the north by
Ellis Avenue, on the east by Huntington Street, on the south by Yorktown,
' and on the west by a line parallel to and approximately 1,000 feet west of
Edwards Street. Existing customers who will be served by the expanded
booster pressure zone will realize an improved level of service in terms of
capacity and pressure, bringing them up to the level of service generally
provided to all the City's water customers.
First of all, it is necessary to identify the benefit that the public
' improvement will render to the properties within the boundaries of the
Assessment District. Properties located within the Assessment District
will receive the benefit of having access to a public water supply of
adequate capacity and pressure. Two distinguishable types of benefits may
' be realized by properties in the Assessment District: capacity and
' 14155.300/2.4 8
' distribution. All properties in the Assessment District will be assured of
adequate capacity furnished by the grid or network of new and existing
' water mains comprising the higher pressure zone. Those properties which
are adjacent to, or which "front", new water mains, will receive a further
benefit of distribution. A distribution benefit results from being able to
' make a direct service connection tap to a new water main located in the
higher pressure zone. Exemptions from the Assessment District are granted
to those- properties which now have adequate water service and which meet
the following development criteria:
' Parcels fully developed in conformance with the City's general plan
and zoning ordinances. Such parcels are normally characterized by
' street improvements, permanent structures, asphalt parking lots, and
landscaping, all of which satisfy current local code requirements.
' Existing water customers located in the higher pressure zone, but who are
now located in lower pressure zone, would receive the benefit of increased
capacity and pressure, but not a distribution benefit. These customers are
only assessed for a capacity benefit.
' In further making the analysis, it is necessary that the property owners
receive a special and direct benefit distinguished from that of the general
' public. Only those properties located in the higher pressure zone, which
includes land areas generally above an elevation of 60 feet above mean sea
level, and which can be logically served from either the new water mains or
from future extensions of those mains, benefit from this project. Other
' properties located outside of the Assessment District in the City of
Huntington Beach will receive no benefits from the project. Similarly,
existing properties located in the higher pressure zones which are already
' served by the existing smaller booster pressure zone, such as the Seacliff
Village Shopping Center and adjacent residential developments will receive
no added benefits from the project.
' An in-depth analysis was made and two factors are being used in the final
method of spread and assessment. The proposed assessment formula includes
two cost components: one for capacity and one for distribution. Those
' properties which front new water mains in the higher pressure zone will be
assessed for capacity and distribution. Those properties which do not
front new mains will only be assessed for capacity. The capacity charge is
' based upon total acreage in the Assessment District, and each property will
be assessed at a flat unit cost per acre. The distribution assessment is
based upon the front footage of each property which borders a new water
' main. The distribution assessment is based upon an equivalent cost for
installing a distribution main along the affected properties. A typical
distribution main size would be 6 to 8 inches in diameter. The installed
cost of a 6 to 8 inch diameter water main and appurtenances is
' approximately $30 per foot of length. Since a water distribution main
normally serves properties on both sides of the street, the proposed
distribution assessment is one-half times $30 per foot of length, which is
' $15 per foot of front footage. For properties located on street corners,
the distribution assessment is based upon the average front footage along
the two streets. The capacity charge required to fund the balance of the
project costs is $2,513 per acre.
' 14155.300/2.4 9
In conclusion, it is my opinion that the assessments for the above
referenced Assessment District have been spread in direct accordance with
the benefits that each parcel receives from the works of improvement.
' DATED: October 24 1988
BLACK & VEATCH
ENGINEER OF 'ORIC
' CITY OF HUNTINGTON BEACH
STATE OF CALIFORNIA
I, CONNIE BROCKWAY, as CITY CLERK of the CITY OF HUNTINGTON BEACH,
CALIFORNIA, do hereby certify that the foregoing Assessment, together with
the Diagram attached thereto, was filed in my office on the 24th day of
' October 1988.
' CITY CLERK
CITY OF HUNTINGTON BEACH
STATE OF CALIFORNIA
I, CONNIE BROCKWAY, as CITY CLERK of the CITY OF HUNTINGTON BEACH,
' CALIFORNIA, do hereby certify that the foregoing Assessment, together with
the Diagram attached thereto, was approved and confirmed by the City
Council of said City on the 5th day of December 1988.
CITY CLERK
' CITY OF HUNTINGTON BEACH
STATE OF CALIFORNIA
' I, LES EVANS, as SUPERINTENDENT OF STREETS of the CITY OF HUNTINGTON BEACH,
CALIFORNIA, do hereby certify that the foregoing Assessment, together with
' the Diagram attached thereto, was recorded in my office on the 7th day
of December , 1988.
' SUPERINTENDENT OF STREETS
CITY OF HUNTINGTON BEACH
' STATE OF CALIFORNIA
14155.300/2.4 10
Page No . 1
' 12/02/88
ASSESSMENT
ASSESSOR' S PROPERTY PRELIMINARILY CONFIRMED PAYMENT
' PARCEL N0, LEGAL DESCRIPTION APPROVED & RECORDED
02301012 SEC 2 T 6 R 11 POR NW1 /4 14486 . 21 14148 . 11
' 02301013 SEC 2 T 6 R 11 POR NW1 /4 53586 . 18 51485 . 13
0231812.9 T 6 R 11 SEC 3 POR OF SEC 165457 . 60 158821 . 60
02325141 SEC 3 T 6 R 11 POR NE1 /4 6675 . 90 6408 . 15
' 11001556 SEC 34 T 5 R 11 POR SW1 /4 94928 . 12 91899 . 92
11001557 SEC 34 T 5 R 11 POR SW 1 /4 40786 . 96 39241 . 36
11001559 SEC 34 T 5 R 11 POR SW1 /4 18326 .00 17591 .00
' 11019001 SEC 34 T 5 R 11 N1 /2 NW 11938. 08 11459. 28
1 /4 NW1 /4 SE1 /4
11019002 SEC 34 T 5 R 11 N1 /2 NE1 /4 6361 . 74 6106 . 59
NW1 /4 SE1 /4
' 11019003 SEC 34 T 5 R 11 W 1 /2 S1 /2 3089 . 24 2965 . 34
NW1 /4 NW1 /4 SE1/4
11019004 SEC 34 T 5 R 11 W1 /2 NE1 /4 3272. 50 3141 . 25
NW1 /4 SE1 /4
' 11019005 SEC 34 T 5 R 11 W1 /2 NE1 /4 12723 . 48 12213 . 18
NW1 /4 SE1 /4
11019006 FAIRVIEW ADD TO HUN.TINGTON 2591 . 82 2487 . 87
BEACH LOT A & LOTS B/C
11019101 FAIRVIEW ADD TO HUNTINGTON 164 . 93 158. 32
BEACH LOT 1
11019102 FAIRVIEW ADD TO HUNTINGTON 164. 93 158. 32
BEACH LOT 2
11019103 FAIRVIEW ADD TO HUNTINGTON 340 . 34 326 . 69
BEACH LOT 3
' 11019104 FAIRVIEW ADD TO HUNTINGTON 539 . 93 533 . 32
BEACH LOT 5
11019105 FAIRVIEW ADD TO HUNTINGTON 164. 93 158. 32
BEACH LOT 6
11019106 FAIRVIEW ADD TO HUNTINGTON 164 . 93 158. 32
BEACH LOT 7
' 11019108 FAIRVIEW ADD TO HUNTINGTON 164. 93 158 . 32
BEACH LOT 9
11019109 FAIRVIEW ADD TO HUNTINGTON 164. 93 158. 32
BEACH LOT 10
11019112 FAIRVIEW ADD TO HUNTINGTON 164. 93 158. 32
BEACH LOT 24
11019113 FAIRVIEW ADD TO HUNTINGTON 164. 93 158. 32
BEACH LOT 23
11019114 FAIRVIEW ADD TO HUNTINGTON 164. 93 158 . 32
BEACH LOT 22
11019115 FAIRVIEW ADD TO HUNTINGTON 340 . 34 326 . 69
BEACH LOT 20 AND 21
11019116 FAIRVIEW ADD TO HUNTINGTON 164 . 93 158. 32
BEACH LOT 19
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fage No . 2
2/02/88
ASSESSMENT
' ASSESSOR' S PROPERTY PRELIMINARILY CONFIRMED PAYMENT
PARCEL NO . LEGAL DESCRIPTION APPROVED & RECORDED
11019117 FAIRVIEW ADD TO HUNTINGTON 164 . 93 158 .32
BEACH LOT 18
' 11019118 FAIRVIEW ADD TO HUNTINGTON 340 . 34 326 . 69
BEACH LOT 16 AND 17
11019120 FAIRVIEW ADD TO HUNTINGTON 164 . 93 158. 32
BEACH LOT 14
11019121 FAIRVIEW ADD TO HUNTINGTON 164. 93 158. 32
BEACH LOT 13
' 11019201 FAIRVIEW ADD TO HUNTINGTON 340. 34 326. 69
BEACH LOT 25 AND 26
11019203 FAIRVIEW ADD TO HUNTINGTON 164 . 93 158 . 32
BEACH LOT 28
' 11019206 FAIRVIEW ADD TO HUNTINGTON 164 . 93 158. 32
BEACH LOT 31
' 11019207 FAIRVIEW ADD TO HUNTINGTON 164. 93 158 . 32
BEACH LOT 32
11019208 FAIRVIEW ADD TO HUNTINGTON 164 . 93 158. 32
BEACH LOT 33
' 11019209 FAIRVIEW ADD TO HUNTINGTON 164 . 93 158. 32
BEACH LOT 34
11019211 FAIRVIEW ADD TO HUNTINGTON 164. 93 158. 32
BEACH LOT 36
11019212 FAIRVIEW ADD TO HUNTINGTON 164 . 93 158. 32
BEACH LOT 48
11019214 FAIRVIEW ADD TO 497. 42 477. 47
' HUNTINGTONBEACH LOT 44 AND
LOTS 45 & 46
11019216 FAIRVIEW ADD TO HUNTINGTON 164 . 93 158. 32
BEACH LOT 42
11019218 FAIRVIEW ADD TO HUNTINGTON 164 . 93 158 . 32
BEACH LOT 40
11019219 FAIRVIEW ADD TO HUNTINGTON 164. 93 158 . 32
BEACH LOT 39
11019301 FAIRVIEW ADD TO HUNTINGTON 164. 93 158 . 32
BEACH LOT 49
11019302 FAIRVIEW ADD TO HUNTINGTON 164. 93 158. 32
BEACH LOT 50
lt019303 FAIRVIEW ADD TO HUNTINGTON 164 . 93 158. 32
BEACH LOT 51
11019304 FAIRVIEW ADD TO HUNTINGTON 164 . 93 158 . 32
BEACH LOT 52
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11019305 FAIRVIEW ADD TO HUNTINGTON 164 . 93 158 . 32
BEACH LOT 53
11019307 FAIRVIEW ADD TO HUNTINGTON 340. 34 326 . 69
BEACH LOT 55 AND 56
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ASSESSMENT
ASSESSOR' S PROPERTY PRELIMINARILY CONFIRMED PAYMENT
' PARCEL NO , LEGAL DESCRIPTION APPROVED & RECORDED
11020001 SEC 34 T 5 R 11 NW1 /4 5576 . 34 5352 . 69
BW1/4 BE1 /4 SE1 /4
11020002 SEC 34 T 5 R 11 SW1 /4 6545 . 00 6282 . 50
NW1 /4 NE1 /4 SE1 /4
' 11020003 SEC 34 T 5 R 11 E1 /2 NW1 /4 12514. 04 12012 . 14
NE1 /4 SE1 /4
11020004 SEC 34 T 5 R 11 NE1 /4 6545 . 00 6282 . 50
SW1 /4 NE1 /4 SE1 /4
' 11020005 SEC 34 T 5 R 11 W1 /2 SW1 /4 13090 . 00 12565 . 00
NE1 /4 SE1 /4
11020010 SEC 34 T 5 R 11 N1 /2 N1 /2 6361 . 74 6106 . 59
SW1 /4 NE1 /4 SE1 /4
11020011 SEC 34 T 5 R 11 S1 /2 N1 /2 6361 . 74 6106 . 59
SW1 /4 NW1 /4 SE1 /4
' 11020013 SEC 34 T 5 R 11 N1 /2 NW1 /4 17673 . 48 17163 . 18
SW1/4 SE1/4
11020014 SEC 34 T 5 R 11 S1 /2 NW1 /4 17673 . 48 17163 . 18
SW1 /4 SE1 /4
' 11020015 SEC 34 T 5 R 11 W1/2 NE1 /4 13090 . 00 12565 . 00
SW1/4 SE1/4
11020016 SEC 34 T 5 R 11 E1 /2 NE1 /4 13090 . 00 12565 . 00
SW1/4 SE1 /4
' 11020017 SEC 34 T 5 R 11 S E 1 /4 62431 . 82 60490 . 37
SE1 /4 SE1 /4 AND SW1 /4
SE1 /4 SE1 /4
' 11020018 SEC 34 T 5 R 11 E1 /4 S E 1 /4 17516 . 40 17012 . 40
SW1 /4 SE1 /4
11020019 SEC 34 T 5 R 11 El /4 W1 /2 8758. 20 8506 . 20
SE1 /4 SW1 /4 SE1 /4
11020020 SEC 34 T 5 R 11 W1/2 W1 /2 8758. 20 8506 . 20
SE1 /4 SW1 /4 SE1 /4
' 11020021 SEC 34 T 5 R 11 E1 /2 SW1 /4 17516 . 40 17012 . 40
SW1 /4 SE1 /4
11020022 SEC 34 T 5 R 11 W1 /2 SW1 /4 18960 . 38 18486 . 83
SW1 /4 SE1 /4
11020023 SEC 34 T 5 R 11 SE1 /4 6545 . 00 6282 . 50
SW1/4 NE1 /4 SE1 /4
11020029 SEC 3 T 6 R 11 POR NE1 /4 222163 . 80 214383 . 30
11021001 SEC 34 T 5 R 11 N1 /2 NE1 /2 14586 . 38 14175 . 83
NE1 /2 SE1 /2
11021002 SEC 34 T 5 R 11 N 99 FT 4733 . 74 4583 . 59
S1 /2 NE1 /4 NE1 /4 SE1 /4
11021003 SEC 34 T 5 R 11 N 33 FT S 1411 . 30 1374 . 55
231 FT E 495 FT 21 /2 NE1 /4
NE 1 /4
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fage No . 4
2/02/88
' ASSESSMENT
'ASSESSOR' S PROPERTY PRELIMINARILY CONFIRMED PAYMENT
PARCEL NO . LEGAL DESCRIPTION APPROVED & RECORDED
1
11021004 SEC 34 T 5 R 11 N33FT 340 . 34 326 . 69
S231FT W165FT S1 /2 NE1 /2
S E 1 /4
11021006 SEC 34 T 5 R 11 N33FT 1751 . 64 1701 . 24
' S143FT S1 /2 NE1 /4 NE1 /4
SE1 /4
11021007 SEC 34 T 5 R 11 POR SE1 /4 2335 . 52 2268 . 32
11021008 SEC 34 T 5 R 11 S66FT, 3503 . 28 3402 . 48
S1 /2 NE1 /4 NE1 /4 SEl /4
111021009 SEC 34 T 5 R 11 N1 /2 SE1 /4 17464 . 04 16962 . 14
NE1 /4 SE1/4
, 11021010 T 5 R 11 SEC 34 POR SE1 /4 2880. 13 2797 . 70
11021011 T 5 R 11 SEC 34 POR SE1 /4 859 . 03 857 . 67
11021101 TR 62 LOT 60 542 . 55 535 . 83
111021102 TR 62 LOT 59 542 .55 535 . 83
11021103 TR 62 LOTS 57/58 1085 . 10 1071 . 66
11021104 TR 62 LOT 56 542 . 55 535 . 83
11021105 TR 62 LOTS 49 TO 55 INC 3803 . 10 3755 . 85
11021106 TR 62 LOTS 37 TO 40 INC 680 . 68 653 . 38
11021107 TR 62 LOT 41 680. 68 653 . 38
11021108 TR 62 LOT 42 167 . 55 160 . 83
11021109 TR 62 LOT 43 167 . 55 160 . 83
11021110 TR 62 LOT 44 167 .55 160 . 83
11021111 TR 62 LOT 45 167 . 55 160 . 83
11021112 TR 62 LOT 46 167 . 55 160 . 83
111021113 TR 62 LOT 47 167 . 55 160 . 83
11021114 TR 62 LOT A48 167 .55 160 . 83
11021201 TR 62 LOT 36 167 . 55 160 . 83
1 11021202 TR 62 LOT 35 167 . 55 160 . 83
11021203 TR 62 LOT 34 167. 55 160 . 83
11021204 TR 62 LOT 33 167 .55 160 . 83
111021205 TR62 LOT 32 167 . 55 160 . 83
11021206 TR 62 LOT 31 167 . 55 160 .83
11021207 TR 62 LOT 30 167 . 55 160 . 83
11021208 TR 62 LOT 29 167 . 55 160 . 83
111021209 TR 62 LOT 28 167. 55 160 . 83
11021210 TR 62 LOT 27 167 .55 160 . 83
11021211 TR62 LOT 26 167. 55 160. 83
,11021212 TR 62 LOT 25 167 . 55 160 .83
11021214 TR 62 LOT 13 167. 55 160 . 83
11021215 TR 62 LOTS 14/ 15/ 16 497 . 42 477 . 47
11021216 TR 62 LOT 17 167 . 55 160 . 83
111021217 TR 62 LOT 18 167 . 55 160 . 83
11021218 TR 62 LOT 19 167. 55 160. 83
11021219 TR62 LOT 20 167 . 55 160 . 83
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Page No . 5
' 12/02/88
' ASSESSMENT
'ASSESSOR' S PROPERTY PRELIMINARILY CONFIRMED PAYMENT
PARCEL NO. LEGAL DESCRIPTION APPROVED & RECORDED
11021220 TR 62 LOT 21 167 . 55 160 . 83
11021221 TR 62 LOTS 22/23 340. 34 326 . 69
11021222 TR 62 , LOT 24 167 . 55 160 . 83
11021301 TR 62 LOT 12 167 . 55 160. 83
11021302 TR 62 LOT 11 167 . 55 160 . 83
' 11021303 TR 62 LOT 10 167 . 55 160 . 83
11021304 TR 62 LOT 9 167 . 55 160 . 83
11021305 TR 62 LOT 8 167. 55 160. 83
' 11021306 TR 62 LOT 7 167 . 55 160 . 83
11021307 TR 62 LOT 6 167 . 55 160 . 83
11021308 TR 62 LOT 5 167 .55 160 . 83
' 11021309 TR 62 LOT 4 167. 55 160 . 83
11021310 TR 62 LOT 3 167 .55 160 . 83
11021311 TR 62 LOT 2 167. 55 160 . 83
11021312 TR 62 LOT 1 167 . 55 160 . 83
' 11022002 SEC 34 T 5 R 11 N1 /2 NE1 /4 17464. 04 16962 . 14
SE1 /4 SE1 /4
11022003 SEC 34 T 5 R 11 S1 /2 NE1 /4 10592 . 20 10287 . 70
SE1 /4 SE1 /4 -EX S 130
11022004 SEC 34 T 5 R 11 POR SE1 /4 6871 . 84 6674 . 44
11022005 T 5 R 11 SEC 34 POR SE1 /4 13090 .00 12565 . 00
' SURFACE AND 500 FT
SUBSURFACE VERTICALLY
11022101 TR 306 LOT 19 602. 14 577 . 99
11022102 TR 306 LOTS 1/2 392 . 70 376 . 95
11022103 TR 306 LOT 3 191 . 11 183 . 45
11022104 TR 306 LOT 4 191 . 11 183 . 45
11022105 TR 306 LOT 5 191 . 11 183 . 45
' 11022106 TR 306 LOT 6 191 . 11 183 . 45
11022107 TR 306 LOT 7 191 . 11 183 . 45
11022108 TR 306 LOT 8 191 . 11 183 . 45
11022109 TR 306 LOT 9 191 . 11 183 . 45
11022110 TR 306 LOT 10 191 . 11 183 . 45
11022111 TR 306 LOT 11 191 . 11 183 . 45
11022112 TR 306 LOT 12 191 . 11 183 . 45
11022113 TR 306 LOT 13 191 . 11 183 . 45
11022114 TR 306 LOT 14 191 . 11 183 . 45
11022115 TR 306 LOT 15 191 . 11 183 . 45
11022117 TR 306 LOT 17 191 . 11 183 . 45
11022118 TR 306 LOT 18 191 . 11 183 . 45
11022119 TR 306 LOT 19 191 . 11 183 . 45
111022120 TR 306 LOT 20 191 . 11 183 . 45
11022121 TR306 LOT 21 191 . 11 183 . 45
11022122 TR 306 LOT 22 191 . 11 183 . 45
11022123 TR 306 LOT 23 191 . 11 183 . 45
15
1
Page No . 6
' 12/02/88
' ASSESSMENT
tASSESSOR' S PROPERTY PRELIMINARILY CONFIRMED PAYMENT
PARCEL NO . LEGAL DESCRIPTION APPROVED & RECORDED
1
11022124 TR 306 LOT 24 191 . 11 183 . 45
11022125 TR 306 LOT 25 191 . 11 183 . 45
11022126 TR 306 LOT 26 191 . 11 183 . 45
11022201 TR 306 LOT 27 191 . 11 183 . 45
' 11022202 TR 306 LOT 28 191 . 11 183 . 45 11022204 TR 306 LOTS 31 /32 392. 70 376 . 95
11022205 TR 306 LOT 33 191 . 11 183 . 45
11022206 TR 306 LOTS 34/35 392 . 70 376 . 95
' 11022207 TR 306 LOT 36 191 . 11 183 . 45
11022208 TR 306 LOT 37 191 . 11 183 . 45
11022209 TR 306 LOTS 38/39 392 . 70 376 . 95
' 11022210 TR 306 LOTS 40 TO 43 INC 759 . 22 728 . 77
11022211 TR 306 LOTS 44/45/46 575 . 96 552 . 86
11022213 TR 306 LOT 49 191 . 11 183 . 45
1-11022214 TR 306 LOT 50 191 . 11 183 . 45
11022216 TR 306 LOT 52 191 . 11 183 . 45
11022218 TR 306 LOT 54 191 . 11 183 . 45
11022219 TR 306 LOT 55 191 . 11 183 . 45
' 11022220 TR 306 LOTS 56/57/58 575 . 96 552 . 86
11022221 TR 306 LOT 59 191 . 11 183 . 45
11022222 TR 306 LOT 60 191 . 11 183 . 45
' 11022223 TR 306 LOT 61 191 . 11 183 . 45
11022224 TR 306 LOT 62 191 . 11 183 . 45
11022226 TR306 LOT 64 191 . 11 183 . 45
11022227 TR 306 LOT 65 191 . 11 183 . 45
' 11022228 TR 306 LOT 63 191 . 11 183 . 45
11022229 TR 306 LOT 47 191 . 11 183 . 45
11022230 TR 306 LOT 48 191 . 11 183 . 45
' 11023008 T 6 R 11 SEC 3 POR N1 /4 76183 . 80 73128 . 30
AND T 6 R 11 SEC 4 POR
NE1 /4
' 11107202 SEC 35 T 5 R 11 SELY 1 AC 2251 . 48 2161 . 18
NET1 /4 NE1 /4 SW1/4
11107203 SEC 35 T 5 R 11 SE1 /4 340. 34 326 . 69
NE1 /4 SW1 /4 -BET CO RD &
RR R/W
11107204 SEC 35 T 5 R 11 POR SW1 /4 161549 . 88 155810 . 58
11107205 SEC 35 T 5 R 11 S 10 .09 AC 24661 . 56 23672 . 46
t E 14. 74 AC N 21 . 49 AC NE
1 /4 SW1 /4 -WLY OF CO RD-
11107207 SEC 35 T 5 R 11 W 6 . 75 AC 10053 . 12 9649 . 92
' N 27 . 38 AC NE1 /4 SW1 /4 -EX
W 169 FT N 46 0 FT & E 170
FT S 300 FT-
11107208 SEC 35 T 5 R 11 W 160 FT N 4241 . 16 4071 . 06
' 460 FT NE1 /4 SW1 /4
16
fage No . 7
2/02/88
' ASSESSMENT
'ASSESSOR' S PROPERTY PRELIMINARI N PRELIMINARILY CONFIRMED PAYMENT
PARCEL NO . LEGAL DESCRIPTION APPROVED & RECORDED
11107209 SEC 35 T 5 R 11 E 170 FT W 3063 . 06 2940 . 21
' 320 FT S 300 FT N 920. 5 FT
NE 1 /4 SW1 /4
11107210 SEC 35 T 5 R 11 N1 /2 SE1 /4 12252. 24 11760 . 84
' NW1 /4 SW1 /4 -EX S 70 FT E
200 FT
11107211 SEC 35 T 5 R 11 E1 /2 NE1 /4 12723 . 48 12213 . 18
NW1 /4 SW1/4
' 11107212 SEC 35 T 5 R 11 S1 /2 NE1 /4 12723. 48 12213 . 18
NW1 /4 SW1 /4
11107214 SEC 35 T 5 R 11 S1 /2 NW1 /4 17464. 04 16962 . 14
NW1 /4 SW1 /4
11107215 SEC 35 T 5 R 11 N1 /2 SW 14 17464 . 04 16962 . 14
NW 14 SW1 /4
' 11107217 SEC 35 T 5 Rll N300FT 7196 . 54 7088 . 39
W180FT S1 /2 S1/2 NW1 /4
SW/4
11107218 SEC 35 T 5 R 11 N112 NW1 /4 15888. 30 15431 . 55
NW1 /4 SW1 /4 -EX ST
11107220 SEC 35 T 5 R 11 3 . 91 AC 10236. 38 9825 . 83
M/L NE1 /4 SW1/4
11107221 SEC 35 T 5 R 11 POR NW1 /4 14168 . 32 13618. 12
SW1 /4 AS SECS IN DD
-85717/402 OR-
11107222 SEC 35 T 5 R 11 2 AC M/L 5236. 00 5026 . 00
IN NW1 /4 SW1/4
11107223 SEC 35 T 5 R 11 POR SW1/4 8587. 04 8242. 64
11111001 GARFIELD STREET ADD BLK E 2618 .00 2513 . 00
LOT 18
' 11111002 GARFIELD STREET ADD BLK E 2618. 00 2513 . 00
LOT 17
' 11111003 GARFIELD STREET ADD LOT 15 2618. 00 2513 . 00
BLK E (AND N 120 FT LOT 14
BLK E
11111004 GARFIELD STREET ADD LOT 15 4790. 94 4598. 79
' BLK E (AND N 120 FT LOT 14
BLK E
11111005 GARFIELD STREET ADD LOT 13 2565 . 64 2462 . 74
' BLK E(AND S 25 FT LOT 14
BLK E
11111007 GARFIELD STREET ADD LOT 10 3559 . 00 3506 . 50
' BLK E (AND LOTS 11 & 12
BLK E
11111009 GARFIELD STREET ADD LOT 7 2363 . 94 2329 . 29
BLK E (AND LOT 8 BLK E
1
17
fage No . 8
2/02/88
' ASSESSMENT
'ASSESSOR' S PROPERTY PRELIMINARILY CONFIRMED PAYMENT
PARCEL NO . LEGAL DESCRIPTION APPROVED & RECORDED
11111010 GARFIELD STREET ADD BLK E 1195 . 06 1177 . 21
LOT 6
11111011 GARFIELD STREET ADD BLK E 1195. 06 1177 . 21
LOT 5
' 11111012 GARFIELD STREET ADD BLK E 1195 . 06 1177 . 21
LOT 4
11111013 GARFIELD STREET ADD BLK E 1195. 06 1177 . 21
LOT 3
11111014 GARFIELD STREET ADD BLK E 1195 . 06 1177 . 21
LOT 2
11111016 GARFIELD STREET ADD BLK E 2110. 11 2025 . 48
LOT 24
11111018 GARFIELD STREET ADD LOT 21 5236 . 00 5026 . 00
BLK E (AND LOT 22 BLK E
' 11111019 GARFIELD STREET ADD BLK E 2618 . 00 2513 . 00
LOT 20
11111020 GARFIELD STREET ADD BLK E 2618 . 00 2513 . 00
LOT 19
11111021 GARFIELD STREET ADD LOT 23 1309 . 00 1256 . 50
BLK E ALL -EX S1 /2-
11111022 GARFIELD STREET ADD LOT 23 1309 . 00 1256. 50
BLK 3 S 72 . 5 FT
, 11111023 GARFIELD STREET ADD LOT 25 183 . 26 175 . 91
BLK E E1 /2 OF LOT
11112001 GARFIELD STREET ADD BLK F 4276. 34 4183 . 94
LOT 20
111112006 GARFIELD STREET ADD BLK F 4609 . 74 4512. 09
LOT 16
11112007 GARFIELD STREET ADD BLK F 4609 . 74 4512 . 09
LOT 15
11112008 GARFIELD STREET ADD BLK F 4793 . 00 4688. 00
LOT 14
11112009 GARFIELD STREET ADD BLK F 3875 . 58 3790. 53
LOT 13
11112011 GARFIELD STREET ADD BLK F 1907 . 56 1889 . 71
LOT 12
111112012 GARFIELD STREET ADD BLK F 1210. 77 1192 . 29
LOT 11
11112013 GARFIELD STREET ADD BLK F 1195. 06 1177. 21
LOT 10
11112014 GARFIELD STREET ADD BLK F 1195 . 06 1177 . 21
LOT 9
11112015 GARFIELD STREET ADD BLK F 1195. 06 1177 . 21
LOT 8
11112016 GARFIELD STREET ADD LOT 6 2363 . 94 2329 . 29
' BLK F (AND LOT 7 BLK F
' 18
Page No . 9
12/02/88
' ASSESSMENT
' ' N ASSESSOR' S PROPERTY PRELIMINARILY CONFIRMED PAYMENT
PARCEL NO. LEGAL DESCRIPTION APPROVED & RECORDED
11112017 GARFIELD STREET ADD BLK F 1195 . 06 1177 . 21
LOT 5
' 11112018 GARFIELD STREET ADD BLK F 1195. 06 1177 . 21
LOT 4
' 11112019 GARFIELD STREET ADD BLK F 1195. 06 1177 . 21
LOT 3
11112020 GARFIELD STREET ADD LOT 1 2371 . 79 2336 . 83
BLK F (AND LOT 2 BLK F)
' 11112022 GARFIELD STREET ADD BLK F 2618. 00 2513 . 00
LOT 25
11112023 GARFIELD STREET ADD BLK F 2618. 00 2513 . 00
LOT 24
' 11112024 GARFIELD STREET ADD BLK F 2620 . 62 2515 . 51
LOT 23
' 11112025 GARFIELD STREET ADD BLK F 2618. 00 2513 . 00
LOT 22
11112028 GARFIELD STREET ADD BLK F 4276 . 34 4183 . 94
LOT 19
' 11112029 GARFIELD STREET ADD LOT 26 2120 . 58 2035 . 53
BLK F AND POR OF LOT 27
BLK F
11112030 GARFIELD STREET ADD LOT 27 516 . 52 501 . 82
BLK F POR OF LOT
11113001 GARFIELD STREET ADD BLK D 794. 51 792 . 72
LOT 1
' 11113002 GARFIELD STREET ADD LOT 2 1779 . 50 1753 . 25
BLK D (AND E1 /2 LOT 2 BLKD
11113005 GARFIELD STREET ADD BLKD 1187 . 21 1169 . 67
LOT 5
111113006 GARFIELD STREET ADD BLK D 1195. 06 1177 . 21
LOT 6
/ 11113007 GARFIELD STREET ADD BLK D 1195 . 06 1177 . 21
LOT 7
11113008 GARFIELD STREET ADD BLK D 1195. 06 1177 . 21
LOT 8
' 11113009 GARFIELD STREET ADD LOT 9 2390 . 12 2354. 42
BLK D (AND LOT 10 BLK D
11113010 GARFIELD STREET ADD BLK D 1195 . 06 1177 . 21
LOT 11
111113011 GARFIELD STREET ADD LOT 12 1142. 41 1133 . 59
BLDK D N1 /2
111113012 GARFIELD STREET ADD LOT 12 1297 . 29 1288. 58
BLK D S1/2
11113014 GARFIELD STREET ADD BLK D 2916 . 98 2852 . 93
LOT 13
19
Page No . 10
' 12/02/88
' ASSESSMENT
' ASSESSOR' S PROPERTY PRELIMINARILY CONFIRMED PAYMENT
PARCEL NO. LEGAL DESCRIPTION APPROVED & RECORDED
11113015 GARFIELD STREET ADD BLK D 4793 .00 4688 . 00
LOT 14
' 11113016 GARFIELD STREET ADD LOT 15 9586 . 00 9376 . 00
BLK D (AND LOT 16 BLK D
' 11113011 GARFIELD STREET ADD BLK D 4793 . 00 4688, 00
LOT 17
11113018 GARFIELD STREET A-DD LOT 18 8054. 92 7866 . 97
BLK D (AND LOT 19 BLK D
11113019 GARFIELD STREET ADD BLK D 6605 . 46 6529 . 86
LOT 20
11113020 GARFIELD STREET ADD LOT 21 5236. 00 5026 . 00
BLK D (AND LOT 22 BLK D
' 11113021 GARFIELD STREET ADD LOT 23 1256. 64 1206 . 24
BLK D W1 /2
11113022 GARFIELD STREET ADD LOT 23 1309 . 00 1256 . 50
BLK D E1 /2
11113023 GARFIELD STREET ADD LOT 24 5236. 00 5026 . 00
BLK D (AND LOT 25 BLK D
' 11113024 GARFIELD STREET ADD BLK D 2618. 00 2513 . 00
LOT 26
11113025 GARFIELD STREET ADD BLK D 1596. 98 1532 . 93
LOT 27
' 11113026 GARFIELD STREET ADD BLK D 1779 . 50 1753 . 25
LOT 4 AND BLK DPOR OF LOT
3
' 11114001 GARFIELD STREET ADD LOT 1 2363 . 94 2329 . 29
BLK C (AND LOT W BLK C
11114002 GARFIELD STREET ADD LOT 3 592 . 29 583 . 58
BLK C E1 /2
11114004 GARFIELD STREET ADD BLK C 1195. 06 1177 . 21
LOT 5
' 11114005 GARFIELD STREET ADD BLCK C 1195. 06 1177 . 21
LOT 6
11114006 GARFIELD STREET ADD LOT 7 2363 . 94 2329 . 29
BLCK C (AND LOT 8 BLCK C
' 11114007 GARFIELD STREET ADD LOT 9 2363 . 94 2329 . 29
BLCK C (AND LOT 10 BLK C
11114008 GARFIELD STREET ADD BLK C 1195. 06 1177 . 21
LOT 11
' 11114009 GARFIELD STREET ADD BLK C 1195. 06 1177 . 21
LOT 12
11114014 GARFIELD STREET ADD BLK C 2618. 00 2513 . 00
LOT 18
11114015 GARFIELD STREET ADD BLK C 2618. 00 2513 . 00
LOT 19
' 20
fage No , 11
2/02/88
ASSESSMENT
' ASSESSOR' S PROPERTY PRELIMINARILY CONFIRMED PAYMENT
PARCEL NO . LEGAL DESCRIPTION APPROVED & RECORDED
11114016 GARFIELD STREET ADD BLK C 2618 .00 2513 . 00
LOT 20.
11114018 GARFIELD STREET ADD BLK C 2618. 00 2513 . 00
LOT 22
11114011 GARFIELD STREET ADD BLK C 2618. 00 2513 . 00
' 11114020 GARFIELD STREET ADD LOT 24 523 . 60 502 . 60
BLK C W 60 FT
11114021 GARFIELD STREET ADD LOT 24 1282 . 82 1231 . 37
' BLK C E 240 FT -EX E 105
FT S 125 FT-
11114022 GARFIELD STREET ADD LOT 24 785 . 40 753 . 90
BLK C S 125 FT E 105 FT
' 11114023 GARFIELD STREET ADD BLK C 2618. 00 2513 . 00
LOT 25
11114024 GARFIELD STREET ADD BLK C 2618. 00 2513 . 00
LOT 26
11114025 GARFIELD STREET ADD BLK C 2618. 00 2513 . 00
LOT 27
' 11114026 GARFIELD STREET ADD LOT 28 654. 50 628 . 25
BLK C POR OF LOT
11114027 GARFIELD STREET ADD LOT 28 654. 50 628 . 25
BLK C POR OF LOT
' 11114028 GARFIELD STREET ADD LOT 17 654. 50 628 . 25
BLK C 11 /2 N1/2
11114029 GARFIELD STREET ADD LOT 17 654. 50 628 . 25
BLK C W1 /2 S1/2
11114030 GARFIELD STREET ADD LOT 17 654. 50 628. 25
BLK C E1 / 2 S1 /2
' 11114031 GARFIELD STREET ADD LOT 17 654. 50 628 . 25
BLK C E1 /2 N1 /2
11114032 GARFIELD STREET ADD LOT 13 4712. 40 4523 . 40
' BLK C 815 FTW 175 FT
-MEASURED TO E L N OF
SMELTZER AVE-AND W 175 FT
LOTS 14, 15 & 16 BLK C
' -MEASURED T 0 E LN OF
SMELTZER AVE-
11114033 GARFIELD STREET ADD LOT 13 4712. 40 4523 . 40
' BLK C ALL -EX S 15 FT W175
FT- -MEASURED TO E LN OF
SMELTZER ST- AND LOTS 14
TO 16 INC BLC C -EX W 175
' F T- -MEASURED TO E LN OF
SMELTZER ST.
11114034 GARFIELD STREET ADD LOT 21 654. 50 628 . 25
' BLK C ELY 75 FT
21
' Page No . 12
12/02/88
' ASSESSMENT
ASSESSOR' S PROPERTY PRELIMINARILY CONFIRMED PAYMENT
' PARCEL N0 . LEGAL DESCRIPTION APPROVED & RECORDED
11114035 GARFIELD STREET ADD LOT 21 1963 . 50 1884 . 75
BLK C ALL -EX ELY 75
11114036 GARFIELD STREET ADD LOT 3 592 . 29 583 . 58
BLK C W1 /2
' 11114037 GARFIELD STREET ADD BLK C 1195 . 06 1177. 21
LOT 4
11115013 GARFIELD STREET ADD BLK B 1195 . 06 1177. 21
LOT 12
' 11115015 GARFIELD STREET ADD BLK B 1806 . 42 1733 . 97
LOT 13
11115017 GARFIELD STREET ADD LOT 15 1806 . 42 1733 . 97
BLK B (AND LOT 16 BLK B
11115018 GARFIELD STREET ADD BLK B 2015 . 86 1935 . 01
LOT 17
' 11115019 GARFIELD STREET ADD BLK B 1335 . 18 1281 . 63
LOT 18
11115020 GARFIELD STREET ADD BLK B 1151 . 92 1105 . 72
LOT 19
11115021 GARFIELD STREET ADD LOT 20 942. 48 904 . 68
BLK B N1 /2
11115022 GARFIELD STREET ADD LOT 20 392 . 70 376 . 95
BLK B N1 /2 S1 /2
11115023 GARFIELD STREET ADD LOT 20 366. 52 351 . 82
BLK B S1 /2 S1 /2
' 11115024 GARFIELD STREET ADD BLK B 1021 . 02 980. 07
LOT 21
11115025 GARFIELD ST ADD BLKB LOT 2499 . 30 2436 . 30
22
' 11115026 GARFIELD STREET ADD BLK B 2390. 12 2354 . 42
LOT 23
11115027 GARFIELD STREET ADD BLK B 2390. 12 2354. 42
LOT 24
11115028 GARFIELD ST ADD LOT 25 BLK 4866. 28 4791 . 73
B (AND LOT 26 BLK B
' 11115029 GARFIELD STREET ADD BLK B 2512 . 69 2472 . 79
LOT 27
11115030 GARFIELD STREET ADD BLK B 3822. 66 3731 . 31
LOT 28
' 11115031 GARFIELD STREET ADD BLK B 2555 . 26 2521 . 66
LOT 29
11115032 GARFIELD STREET ADD LOT 30 890. 12 854 . 42
BLK B W1/2
' 11115033 GARFIELD STREET ADD LOT 30 1798. 60 1777 . 60
BLK B W1 /2
' 11115034 GARFIELD STREET ADD LOT 30 235 . 62 226 . 17
BLK B NW1 /4 E1 /2
22
' Page No . 13
12/02/88
ASSESSMENT
ASSESSOR' S PROPERTY PRELIMINARILY CONFIRMED PAYMENT
' PARCEL N0, LEGAL DESCRIPTION APPROVED & RECORDED
11115036 GARFIELD STREET ADD BLK B 3695 . 14 3670 . 99
LOT 34
11115037 GARFIELD STREET ADD BLK B 2467. 88 2435 . 33
LOT 35
' 11115038 GARFIELD STREET ADD BLK B 2662. 63 2619 . 58
LOT 36
11115039 GARFIELD ST ADD BLK B LOT 2869. 22 2817. 77
37
' 11115040 GARFIELD STREET ADD BLDK B 3078. 66 3018. 81
LOT 38
11115044 GARFIELD STREET ADD BLK B 1806 . 42 1733 . 97
LOT 31
11115047 GARFIELD STREET ADD LOT 9 3934. 00 3881 . 50
BLK B AND LOTS 10 & 11 BLK
B AND P
t 15919101 TR 7 BLK E LOT 1 . 2670. 36 2563 . 26
15919102 TR 7 BLK E LOT 2 2120 .58 2035 . 53
15919103 TR 7 BLK E LOT 3 2748. 90 2638. 65
115919104 TR 7 BLK E LOT 4 2722 . 72 2613 . 52
15928101 GARFIELD ST ADD LOT 1 BLK 2958. 81 2930. 46
A ALL -EX ST-(AND ALL -EX
ST-LOT 7
15928102 GARFIELD ST ADD LOT 3 BLK 4492. 26 4432 . 41
A AND LOTS R TO 6 INC ALL
OF BLK A
15928103 GARFIELD STREET ADD LOT 7 1116 . 52 1101 . 82
BLCK A ALL -EX ST-
15928105 GARFIELD STREET ADD LOT 8 2277. 66 2186 . 31
' BLK A AND LOTS 9 TO 11 INC
ALL OF BLK A
15928208 GARFIELD STREET ADD LOT 20 916 . 30 879 . 55
BLK A N1/2
15928209 GARFIELD STREET ADD LOT 20 916 . 30 879 . 55
BLK A S1/2
/15928210 GARFIELD STREET ADD BLK A 1675 . 52 1608 . 32
LOT 21
15928211 GARFIELD STREET ADD LOT 22 5157 . 46 4950 . 61
BLK A AND LOTS 23 & 24 BLK
A
115928212 GARFIELD STREET ADD LOT 25 811 . 58 779 . 03
POR OF LOT
15931102 TR 37 LOT 3 POR OF LOT AND 20917. 82 20078 . 87
POR LOT 4 AND LOT 9 AND
POR LOT 10 AND POR SE1 /4
SEC 35 T 5 R 11 .
23
fage No . 14
2/02/88
IASSESSMENT
1ASSESSOR' S PROPERTY PRELIMINARILY CONFIRMED PAYMENT
PARCEL NO. LEGAL DESCRIPTION APPROVED & RECORDED
15931103 T4 37 LOTS 5/6 . 5497 . 80 5277 . 30
15931104 TR 37 LOT 7 S 31 . 2 FT N 392. 70 376 . 95
62 . 4 FT IN LOT
15931105 TR 37 LOT 7 S 31 . 2 FT N 392. 70 376. 95
62 . 4 FT IN LOT .
15931106 TR 37 LOT 7 S 41 . 6 FT N 628. 32 603 . 12
104 FT IN LOT
15931107 TR 37 LOT 7 N 52 S 104 FT 523 . 60 502 . 60
IN LOT
115931108 TR 37 LOT 7 S 104 FT IN 680. 68 653 . 38
LOT -EX N52 FT-
, 15931110 TR 37 LOT 8 N1 /2 S1 /2 680. 68 653 . 38
15931111 TR 37 LOT 8 S1/2 S1 /2 680 . 68 653 . 38
15931112 TR 37 POR LOT 10 1204. 28 1155 . 98
115935101 TR 11805 LOT R 13 . 09 12 . 56
15935102 TR 11805 LOT X 170. 17 163 . 34
15935103 TR 11805 LOT 1 544 . 54 522 . 70
15935104 TR 11805 LOT 2 625. 70 600 . 61
15935105 TR 11805 LOT 3 654 . 50 628 . 25
15935106 TR 11805 LOT 5 706 . 86 678 . 51
15935107 TR 11805 LOT 5 761 . 84 731 . 28
15935108 TR 11805 LOT 6 761 . 84 731 . 28
15935109 TR 11805 LOT 7 790 . 64 758 . 93
15935110 TR 11805 LOT 8 952 . 95 914 . 73
15935111 TR 11805 LOT 9 735 . 66 706 . 15
115935112 TR 11805 LOT 10 735 . 66 706 . 15
15935113 TR 11805 LOT 11 735 . 66 706 . 15
15935114 TR 11805 LOT 12 761 . 84 731 . 28
t15935115 TR 11805 LOT 13 877 . 03 841 . 86
15935116 TR 11805 LOT 14 790. 64 758 . 93
15935117 TR 11805 LOT 15 654 . 50 628 . 25
15935118 TR 11805 LOT Y 196. 35 188. 47
115935201 TR 11805 LOT 16 843 .00 809 . 19
15935202
TR 11805 LOT 17 706 . 86 678 . 51
15935203 TR 11805 LOT 18 843 .00 809 . 19
115935204 TR 11473 LOT 5 897 . 97 861 . 96
15935205 TR 11473 LOT 4 3157 . 31 3030 . 68
15935206 TR 11473 LOT 3 1905. 90 1829 . 46
15935207 TR 11473 LOT 7 761 . 84 731 . 28
15935208 TR 11473 LOT 6 816 . 82 784 . 06
15935209 TR 11805 LOT 19 816 . 82 784 . 06
15935210 TR 11805 LOT 20 843 . 00 809 . 19
1
15935211 TR 11805 LOT 21 897 . 97 861 . 96
15935212 TR 11805 LOT 22 1034. 11 992 . 63
15935213 TR 11805 LOT 23 761 . 84 731 . 28
24
Page No . 15
' 12/02/88
' ASSESSMENT
ASSESSOR' S PROPERTY PRELIMINARILY CONFIRMED PAYMENT
PARCEL NO. LEGAL DESCRIPTION APPROVED & RECORDED
15935214 TR 11805 LOT 24 680 . 68 653 . 38
' 15935215 TR 11473 LOT 9 544 . 54 522. 70
15935216 TR 11473 LOT 8 599 . 52 575 . 48
15935217 TR 11473 LOT 2 2803 . 88 2691 . 42
15935218 TR 11473 LOT 1 2395 . 47 2299 . 39
15935219 TR 11805 LOT 25 680. 68 653 . 38
15935220 TR 11805 LOT 26 1007 . 93 967 . 50
15935221 TR 11805 LOT Z 162. 32 155. 81
** Total ***
1837415 . 21 1774511 . 39
1
1
25
1
ENGINEER'S "REPORT"
' PART V
DESCRIPTION OF RIGHTS-OF-WAY TO BE ACQUIRED
RIGHT-OF-WAY CERTIFICATE
' STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF_HUNTINGTON BEACH
' The undersigned hereby CERTIFIES UNDER PENALTY OF PERJURY that the following is all
true and correct.
' At all times herein mentioned, the undersigned was, and now is, the authorized
representative of BLACK & VEATCH duly appointed ENGINEER OF WORK of the CITY OF
' HUNTINGTON BEACH, CALIFORNIA,
That there have now been instituted proceedings under the provisions of the "Munici-
pal. Improvement Act of 1913", being Division 12 of the Streets and Highways Code of
' the State of California, for the construction of certain public improvements in a
special assessment district known and designated as ASSESSMENT DISTRICT NO. 88-1
(RESERVOIR HILL) (hereinafter referred to as the "Assessment District") .
THE UNDERSIGNED STATES AND CERTIFIES AS FOLLOWS:
[ X] a. That all easements, rights-of-way, or land necessary for the accomplish-
ment of the works of improvement for the above referenced Assessment
District have been obtained and are in the possession of the City.
' [ ] b. That all easements, rights-of-way or land necessary for the accomplishment
of the works of improvement for the above referenced Assessment District
have been obtained and are in the possession of the City, EXCEPT FOR THOSE
' DESCRIBED IN EXHIBIT "A" attached hereto, showing legal description and
maps of rights-of-way and easements not yet obtained at this time.
It is further acknowledged that works of improvement as proposed to be constructed
' within said Assessment District must be constructed within public rights-of-way,
land, or easements as owned by said City at the time of the construction of the
works of improvement, and the undersigned hereby further certifies that all
' rights-of-way necessary for the works of improvement will be obtained and in the
possession of the City prior to the commencement of any construction.
' EXECUTED this 24th day of October 1188, at City of Huntington Beach,
California.
BLACK & VEATCH
t 1) GI-A-1-`-A
ENGINEER OF WORK
' CITY OF HUNTINGTON BEACH
STATE OF CALIFORNIA
14155.300/2.8 26
' ENGINEER'S "REPORT"
' PART V
DESCRIPTION OF WORKS OF IMPROVEMENT
' AND RIGHTS-OF-WAY TO BE ACQUIRED
DESCRIPTION OF WORKS OF IMPROVEMENT
' The proposed works of improvement are generally described as follows:
Furnishing and installing approximately 12,740 lineal feet of water mains
and appurtenances to serve a new higher pressure zone in the Reservoir Hill
' Assessment District within the City of Huntington Beach. Water mains will
range in size from 12-inches to 18-inches in diameter. Proposed locations
of the new water mains are shown on the Assessment District Boundary Map
' included in this report.
14155.300/2.7 27
' BOUNDARY DESCRIPTION
Segment Number Bearing Distance (feet)
1 N89011'32"E 4621.87
' 2 N89011'32"E 658.32
3 Soo°02'02"W 569.00
4 N89059'22"E 689.60
' 5 S00°02'25"W 901.33
6 S89058'36"W 239.42
7 Soo°02'25"W 104.00
8 N89058'36"E 239.42
' 9 Soo°02'25"W 315.59
10 Soo°00'36"E 744.81
11 N89041'40"W 744.62
' 12 S45019'05"W 745.47
13 Soo°19'51"E 209.60
14 S89039' 15"E 310.22
' 15 Soo°19'43"E 410.35
16 S89041'06"E 135.00
17 Soo°19'38"E 120.00
18 N89041'06"W 813.43
' 19 S19015'35"W 524. 14
20 N89039'43"W 796.54
21 Soo°20' 17"E 379.56
' 22 N89039'43"W 285.14
23 N00°19'59"E 60.08
24 N89040'01"W 359.85
25 Soo°17'56"W 167.84
26 N89045'25"W 441.25
27 02037'21" 20.46
R = 447.00
' 28 S89045'25"E 78.75
29 N00017'20"E 250.00
30 S89045'25"E 206.25
31 Soo°17'20"W 6.25
32 S89045'25"E 217.89
33 N00017'20"E 833.89
' 34 12059'28" 181.39
R = 800.00
35 42°13' 16" 589.52
R = 800.00
36 20051'47" 291.30
R = 800.00
37 1705242" 249.63
' R = 800.00
38 Soo°23'03"W 254.45
39 N89039'53"W 219.42
40 N00°20' 15"E 6.00
' 41 N89039'53"W 145.68
14155.300/2.3 28
' BOUNDARY DESCRIPTION
' Segment Number Bearing Distance (feet)
42 N00021'23"E 73.93
' 43 S89038'37"E 45. 10
44 N00021'23"E 200.00
45 N89038'37"W 130.00
' 46 S82026'52"W 324.53
47 S60022'26"W 500.00
48 Sol 017'S0"W 509.00
' 49 S32012'40"E 670.22
50 S4801l'20"E 195. 13
51 S22048'23"E 211.26
52 S67011'37"E 61.40
' 53 S72017'25"E 124.92
54 S30000'06"E 157.28
55 S52007'30"W 684.00
' 56 N81032'02"W 699.62
57 S82046' 17"W 425.55
58 S72018'38"W 365.27
' 59 N51057'36"W 157.43
60 N18013'31"E 445.00
61 N45058' 16"E 250.35
62 N30022'31"E 450.89
' 63 N41053'12"W 358.50
64 N12021' 19"E 328.47
65 N02021'06"E 487.41
' 66 N17001'26"W 97.56
67 N66009'18"W 310.97
68 N44010,1011W 208.80
69 N00018'37"E 2996.09
70 N89018' 15"E 124.00
71 N00049'32"W 120.00
72 S89018115"W 124.00
' 73 N00018'37"E 210.36
74 S89032'15"E 329.05
75 S89032'15"E 699.50
76 N00016'41"E 329.97
77 S89059'45"E 368.00
78 90000,00" 50.27
' R = 32.00
79 S00°02' 10"W 90.00
80 N89059'45"W 325.00
81 N00002' 10"E 145.00
82 S89059'45"E 300.00
83 S00002'10"W 195.00
84 N89059145"W 600.00
85 N00002'10"E 100.00
86 S89059145"E 300.00
' 14155.300/2.3 29
tBOUNDARY DESCRIPTION .
Segment Number Bearing Distance (feet)
87 N00°02' 10"E 95.00
' 88 S89059'36"E 50.00
89 Soo°02'10"E 123.00
90 N89059'36"W 50.00
' 91 N00002'02"E . 123.00
92 S89059'36"E 40.00
93 Soo°02'10"E 91.00
94 90000,00" 50.27
' R = 32.00
95 00002'10"E 8.00
96 00002'02"E 123.00
' 97 N00000'00"E 113.00
98 90000,00" 50.27
R = 32.00
' 99 S89°57'58"E 528.00
100 90000,00" 31.42
R = 20.00
101 Soo°02'03"W 125.00
' 102 N89057'58"W 300.00
103 Soo°02'03"W 145.00
104 N89057'58"W 280.00
' 105 N55000'37"W 406.01
106 N34059'23"E 250.00
107 S55000'37"E 406.01
108 N34059' 10"E 250.00
t
' 14155.300/2.3 30
Files in the O!fice of :h, CLt. Clerk of the City of MunciNton Belch this I -
day ..ba,•
-CITY CLERK -- -
CITY OF HUNT!NGTON BEACH -
STATE Of CALIFORNIA - -
Recorded _i C.h D!.`ice p[ the Sueerincendent of Stteetr of the Cit., of -
MuntLGt;cen 3Recn:'._ 7 de+-of ttd.n6— l°BB.
S PEPLINTENDEKT Of STREETS
CITY Of HUNTINGTON BEACH
STATE Of CALIFORNIA -
An • a levied by the CltY of MuntLn➢tcn Beach o the
lots, pieces --
end parcelsr of r!a d anc.r. er. c .......r di.4r.m. Said ......nenc
' iad the - ' Gay eft h 7jtlC`.d Y 3988; slid ...... - -
dLaqta. anG cne a. s c to_1 __ o d.d _n the Of!Lce f the Sup in-
-rndent o' Screecr ro[rm,id Clcy C. a d.e of �f.trm6" -
39BB- Reference turtle tha a Col! cttled _ the of!tcr of ,
the SuprincenGant`of Strae s-'oc mere _ ro[ each a tasament levied '
,gatn,t each p c.I of Land,no.,on 9cA_r .....suiee n/t dl.q: .
CITY CLERK
CIT_Y Of HUNTINGTON BEACH
STATE OF CALIFORNIA
I
Filed cni, day of 3?88, at the hder of �
'clock in Book of Hap, of A,aere.... and f o'clock
Yat:_tt_es Diacc_ts in ho Cffic.•cf the County ....td.r of the .�.+.xe
County of Orange. S tat.of Ulif or.ie. tl -
,cEE
COUNTY RECORDER
COUNTY OF okANC£ L I
STATE Of CALIFORNIA -
TT
_
1 (�', i/.•.' //^,` 1: 3 _• V. 1 - _ •� '1 S.'�� •,� fl' .qI' IP
• /.. :( � .. .. 11 I__ __ � . _ � � 44i' 1 �'i ��:�.i:i Ei' - ..=,j- �` sncEr IVDEt
l;1 I � !' �_ /r .... :'I� `,.I ��__�_- / - ''�'�\\,�,13 rt1 f� '•.:: -.'�.L.�,•t„"�� r'1, c--n is ,
LEGEND
: I
Vl—
I�
+93ESSw ENT D:STP:CT
`1\ li; - '�' 1 l I' /� �� lll.���,\•f'•�\ a 1 _ .1. I _ f _ / BOUNDARY
r��I �1yf'I�LII yIi ✓ I
l-J, FARGEL BOUNDARY
1 /)� 1i3O r900f ASEEBSMENT Ho.
�n •1' -- I f'.� _I U �• _ -
''i1��,11�"•Ca'�r`,\:' . --- -=l '- �.-- - 11 --- - - - -- - - --- - a�------- _
PSON{AS ASSESSMENT DIAGRAM O` "
f—at,.L.Y.1-- _— • • •• ' u�: - _ r ...� °oa➢BEa nee .
oBtaCKSVeata� ASSESSMENT DISTRICT 88-1
RESERVOIR HILL
.....,e `•`DD.G. Fc- f NUNTINGTON REIGN COUNTY OF ORAM(i STATE OG CAL:FORNIA Yg1020] 6
Fi 1'C of .he Cit, Clerl, Of ch. City of xunc ington Belch this
C:TY CLERK
CITY CF HUNVI-TON BEACH
STATE no CALIFORNIA
Recde.- t�e offce 4f the-S—rt—e,dent Of St:90t& cf the City Of
xcnt 34— 1:- 7- d--,-Of Dtc—b-
S-n-14TVIDENT OF STREETS
:-Y OF H..T.—T.N BEACH
'T_
OF CALIFORNIA
A. ...... le-td by the C;%, Of He.rilazl. Beech III the It— piece,
1,�W c�.'.' o,zn-- .7t oiag"-.. Slid.:�,d,s
—d Per h C e
i—_.o :�Z�;: . ,,Be; . ........t
di.9r.. end Z.. .•......nt -,I- .— r—r= mh -.he Offic? the S.p.ri.
-eneentof of C;t• ch d....of
i9eB. I. . ...... rVII
the
C%4-'i�...anentt !;Ce't S peri-Intent of S-e—1 -or z�e t.acz .-- of
aga t III—z—,2 of '—d IIh—I- th. .........c di.qree.
CIT. CLERK
C I-_Y OF HUNT-NGTON BEACH
STATE OF CALIFORhIA
Filed 'Z�L .-y of 19.., ec the lh— of 006
•
---j.Ck P_-.. in of ..p• of A.....— andC
Di—riz=' i Cf!1c, z c.—y R...rd.r of the
C'..'Y of -f f
St. C.'-or
.4
1-q- A. aell"CH
COUNTY RECORDER
COUNTY Or ORANGE
STATE OF CALIFORNIA 4—---------
3 L it
ip r
'3� 7 F�lwdl-
I.— ME.
Al ;-4
3
r
u , ,
o
M" LEGEND
:7 &SSESSIIIENT DISTRICT
BOUNDARY
A —CEL BOON
11012002 ASSESS.E—
.0.
--u
v I h
07 N
.4
WE
J
ASSESSMENT DIAGRAM
W]OaM VeatCn ASSESSMENT DISTRICT 88-1 HIT
RESERVOIR HILL
.01 S—E OF MIFOR".
CITY OF 51UNITINGTON BEIICH CO�TV OF 04MGE
_ TI II1 CITY QF HU�I ITI�NGTO� I 13EACH
-mow:
Map on File
with City Clerk
■
CERTIFICATE OF AUTHORIZED OFFICERS
Name of (Huntington Beach
Obligor/Issues CITY OF HUNTINGTON BEACH Assessment Dist. 88-1)
Address 2000 24ain Street, Huntington Beach, Ca. 92648
To: B a n k o f A m e r i c a
rational Tnzat and Savings Aviation
corporate Met Division
555 South Flmer Street, Sth Floor
Ins Angeles, C h 90071
I, the tmdersigned Connie Brockway, City Clerk of the City of
Huntington hereby certify t, pursuant to resolution
duly adopted by the ,
those officers named upon face of oertificate have been duly
authorized, are now acting ified to sign written instructions,
consents, certificates or o 'ties, etc., on behalf of this
namicipality/ompany, spec' tunes appearing opposite the names
and titles are the signatures of su officers and that said
resolutions el authorizing these officers now in full force and
effect. You are further authorized to reoognize ignatures until you
receive our written instructions to the contrary.
(Print) (Signature)
Grace Winchell Mayor, will si
�
Ray Silver Asst. City44wwmjM, will sign
Michael Uberuaga City uanager, will si
Donald Watson Treasurer, will sign
Finance Director, will sign
Connie Brockway City Clerk , will sign
Robert J. Franz Deputy City Admnstr. will si
will sign
Certified on , 192-L. (SEAL)
I, the undersigned City Clerk of Huntington Beach,
3 California, hereby certify that the specimen
signatures appearing opposite the names and titles
are the genuine signatures of such officers.
t Name:
Title:
.ZX 2Z/L
rztnla/doc
06/90
n
a4
Kathryn M.Valdivia
Assistant Vice President
iooletl%
recyc paper
Corporate Trust 8510
555 South Flower Street
5th Floor
Los Angeles,CA 90071-
Bank of America 213/228-4146
Bank of America
Corporate Trust Administration
June 17, 1993
City of Huntington Beach
2000 Main Street
Huntington Beach, Ca 92648
Attn: Dan Villella
Director of Finance
o RE: Huntington Beach 1970 Park Bonds 78209
Huntington Beach Assessment Dist. #88-1 79903
Huntington Beach Comm. Fac Dist. 1990-1 Spec. Tax Bonds 79967 V (/
Huntington Beach Parking Authority, 1968 Revenue Bonds 77972
Huntington Beach, Public Fac"Corp. LHD Mtg. Bonds 9-1-72 782698269/>
Huntington Beach, Public Fac Corp., Escrow 79767
Dear Mr. Villella:
Enclosed is a copy of our Certificate of Authority of
Officers. In order to insure that the Trustee/Fiscal
Agent/Paying Agent takes directions from authorized
officers, please complete the Certificate and return to us
within 15 days after your receipt of this letter. If there
has been no change from the current list (copy enclosed) ,
please indicate "no change" on the Certificate, date and
sign it, and return it to us.
If you have any questions, please call.
Sincerely,
Kathy Valdivia
Assistant Vice President
KV:jn
Tel: (213) 228-4146
Enclosure
a
WP51\LETTERS\CERTAU.KV[233
Bank of America National Trust and Savings Association
555 South Flower Street Los Angeles,California 90071 213/228-4146
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
July 16, 1993
Kathryn M. Valdivia
Assistant Vice President
Bank of America
Corporate Trust 8510
5th Floor
Los Angeles, CA 90071
Dear Ms. Valdivia:
Pursuant to our telephone conversation of July 15, 1993, I am returning the certification
appropriately reworded.
In order to certify the document as originally worded it would be necessary that the
Council adopt a new resolution specifying the individuals who now occupy each of these
positions.
If you decide a resolution is required, please notify me by letter and I will transmit a
request to the City Attorney and to the Finance Director that such resolution be prepared
for Council adoption.
Sincerely,
�&66
Connie Brockway, CMC
City Clerk
CB:ln
1273I
1 Telephone:714-536-5227)
TI ICEI _ " ®Ir HtI�NTIIiGJTON 8 !ACH
■
I
BROWN 8 DIVEN
R 0. BOX 6025 -
i
F, MACKENZIE BROWN' FAIRBANKS RANCH PLAZA SAN DIEGO (619) 456-1915
WARREN B. DIVEN RANCHO SANTA FE. CALIFORNIA 92067 ORANGE (7(4) 551-1915
DANIEL S. HENTSCHKE LOS ANGELES (213) S87-1915
TELEX (619) 756-0412 VENTURA (80S) 653-1915
•• -OFESSIONAL CORRO-10r. RIVERSIDE (7141 359-5489
Auqust 31, 1988
Les Evans, City Engineer
City of Huntington Beach
P. O. Box 190 DEP i. Off '. !'_ ^�^RKS
Huntington Beach, CA 92548
11 1 1088
RE: ASSESSMENT DISTRICT NO. 88-1
(RESERVOIR HILL)
HUIWnNGTON BEACH. CAQW
Dear Les: -
Enclosed herein please find the following documents for consideration and adoption
at the meeting scheduled for September 19, 1988:
I. ORDER OF PROCEDURE.
2. RESOLUTION ACTING ON PETITION.
i; 3. RESOLUTION MAKING APPOINTMENTS.
n. RESOLUTION ADOPTING PROPOSED BOUNDARY MAP-
I
5. RESOLUTION OF INTENTION.
The ORDER OF PROCEDURE as enclosed herein sets forth the presentation, and said
ORDER OF PROCEDURE will also be helpful in the preparation of the Minutes.
I -
i Please note that a copy of the AGENDA for the meeting of September 19, 1968, setting
1 forth a 'general description of the project and the time and place of the meeting,
must be posted in a location freely accessible to the general public at least 72
hours before the time set for said meeting.
DOCUMENTS
On file now in the Office of the City Clerk should be the following:
1. Executed Petition
n . Certificate of Sufficiency of Petition
?. Proposed Boundary Map
We would appreciate the opportunity to review the Petition, Certificate and
proposed boundary map prior to any presentation to the City Council.
e� O
BROWN & DIVEN
Les Evans, City Engineer _
City of Huntington Beach
August 31, 1988
Page Two
RESOLUTIONS
Through the adoption of the enclosed Resolutions, the following will generally be
accomplished:
The RESOLUTION MAKING FINDINGS ON PETITION is the formal action and acceptance of
Petition submitted by property owners.
The RESOLUTION MAKING APPOINTMENTS is the formal appointment of the Superintendent
of Streets, newspaper, etc.
The RESOLUTION APPROVING BOUNDARY MAP is the formal action establishing and
approving boundaries of the proposed Assessment District.
The RESOLUTION OF INTENTION is the jurisdictional Resolution under "1913 Act"
proceedings, declaring intent to finance improvements through the issuance of
bonds.
SCHEDULE
The proposed schedule for major activities and Council actions will be as follows:
DATE ACTIVITY
SEPTEMBER 19, 1988: Receive petition and proposed boundary map. _
Council, by Resolution, accomplish the following: _
- Approve Petition
- Approve Boundary Map
- Make Preliminary Appointments and Approve
Agreement
- Adopt Resolution of Intention
OCTOBER 17, 1988: Formal presentation of Engineer's "Report'',
consisting of the following:
- Plans
- Specifications
- Cost Estimate
Assessment Roll
Assessment Diagram
BROWN 8 DIVEN
Les Evans, City Engineer
City of Huntington Beach
August 31, 1988
Page Three
DATE ACTIVITY
City Council, by Resolution, to accomplish the
following:
- Approve Engineer's "Report" and authorize public
hearing
Authorizing bidding on works of improvement
_ - - Request formal proposal for sale of bonds
NOVEMBER 16, 1988: Receipt of construction bids
DECEMBER 5, 1988: Formal public hearing. City Council, by Resolu-
tion, to consider the following:
- Order work
- Confirm assessments
- Approve Engineer's "Report"
DECEMBER 19, 1988: City Council, by Resolution, to consider the
following:
- Authorize issuance of bonds
- Accept proposal for sale of bonds
- Award construction contract _
Further detailed schedules and Orders of Procedure will be presented prior to the
appropriate Council_ meeting, together with the applicable notices, instructions,
etc.
At this time I am still waiting to receive the following:
A. Copy of executed Petitions -B. Copy of executed Certificate of Sufficiency
C. Copy of proposed boundary map
As written communications are filed in connection with the proceedings, copies
should immediately transmitted to the following:
A. Each member of the legislative body
B. Office-of Engineer of Work
C. Office of Brown & Diven
I would appreciate receiving conformed copies of all Resolutions upon their
adoption, together with a copy of the minutes of the meeting where the Resolutions
have been adopted.
BROWN 8 DIVEN
Les Evans, City Engineer
City of Huntington Beach
August 31, 1988
Page Four
Under separate cover I will be transmitting all notices, affidavits and
certificates in order to meet the necessary notice requirements following the
conclusion of the meeting.
Upon your review of the enclosed material, if you have any questions, comments or
suggestions, please call.
Very truly yours,
F. MACKENZIE BROWN
FMB:bd
encls.
cc: Alicia Wentworth, City Clerk
David Argo; Black & Veatch
Larry Rolapp; Fieldman, Rolapp & Associates (letter/OP only)
i
o-� STATEMENT OF THE ACTION OF THE CITY COUNCIL .
Council Chamber, City Hall
Huntington Beach, California
Monday, September 19, 1988
Mayor Erskine called the regular meeting of the City Council of the City of
Huntington Beach to order at 7 p.m.
ROLL CALL
Present: Kelly, Green, Finley, Erskine, Mays, Winchell , Bannister
Absent: None
(City Council) ASSESSMENT DISTRICT 88-1 (RESERVOIR HILL ASSESSMENT DISTRICT)
PETITION FROM HUNTINGTON BEACH COMPANY - ELLIS/HUNTINGTON/YORKTOWN/EDWARDS -
ADOPTED
The City Clerk presented a communication from the Director of Public Works
regarding the formation of an assessment district for the construction of
water transmission lines in the Ellis-Goldenwest area of the city north of
Ellis, east of Huntington, south of Yorktown, west of Edwards) .
The City Clerk presented Resolution No. 5923 for Council consideration - "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH MAKING FINDINGS
ON PETITION RELATING TO SPECIAL ASSESSMENT DISTRICT NO. 88-1 (RESERVOIR
HILL)."
The City Clerk presented Resolution No. 5924 for Council consideration -"A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH MAKING
APPOINTMENTS TO ASSESSMENT DISTRICT NO. 88-1 (RESERVOIR HILL)."
The City Clerk presented Resolution No. 5925 for Council consideration - "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING A MAP
SHOWING PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 88-1 . (RESERVOIR
HILL)."
The City Clerk presented Resolution 5926 for Council consideration - 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)."
Following discussion, a motion by was made by Green, seconded by Kelly, to
adopt Resolution Nos. 5923, 5924, 5925, and 5926 by the following roll call
vote:
AYES: Kelly, Green, Finley, Mays, Winchell
NOES: Erskine, Bannister
ABSENT: None
1
Mayor Erskine adjourned the regular meeting of the City Council of the City of
Huntington Beach at 9:45 a.m. to September 28, 1988 in the Council Chamber,
Civic Center.
ATTEST: Connie Brockway
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
Connie Brockway
City Clerk
STATE OF CALIFORNIA ) John Erskine
County of Orange ) Mayor
City of Huntington Beach)
I, CONNIE BROCKWAY, the duly appointed and qualified City Clerk of
the City of Huntington Beach, California, do hereby certify that the above and
foregoing is a true and correct Statement of Action of the City Council of
said City at their regular meeting held on the 19th day of September 1988.
WITNESS my hand and seal of the said City of Huntington Beach this
the 23rd day of September, 1988.
Connie Brockway
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
eputy
STATEMENT OF THE ACTION OF THE CITY COUNCIL
Council Chamber, City Hall
Huntington Beach, California
Monday, September 19, 1988
Mayor Erskine called the regular meeting of the City Council of the City of
Huntington Beach to order at 7 p.m.
ROLL CALL
Present: Kelly, Green, Finley, Erskine, Mays, Winchell , Bannister
Absent: None
(City Council) ASSESSMENT DISTRICT 88-1 (RESERVOIR HILL ASSESSMENT DISTRICT)
PETITION FROM HUNTINGTON BEACH COMPANY - ELLIS/HUNTINGTON/YORKTOWN/EDWARDS -
ADOPTED
The City Clerk presented a communication from the Director of Public Works
regarding the formation of an assessment district for the construction of
water transmission lines in the Ellis-Goldenwest area of the city north of
Ellis, east of Huntington, south of Yorktown, west of Edwards) .
The City Clerk presented Resolution No. 5923 for Council consideration - "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH MAKING FINDINGS
ON PETITION RELATING TO SPECIAL ASSESSMENT DISTRICT NO. 88-1 (RESERVOIR
HILL)."
The City Clerk presented Resolution No. 5924 for Council consideration -"A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH MAKING
APPOINTMENTS TO ASSESSMENT DISTRICT NO. 88-1 (RESERVOIR HILL)."
The City Clerk presented Resolution No. 5925 for Council consideration - "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING A MAP
SHOWING PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 88-1 . (RESERVOIR
HILL)."
The City Clerk presented Resolution 5926 for Council consideration - 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)."
Following discussion, a motion by was made by Green, seconded by Kelly, to
adopt Resolution Nos. 5923, 5924, 5925, and 5926 by the following roll call
vote:
AYES: Kelly, Green, Finley, Mays, Winchell
NOES: Erskine, Bannister
ABSENT: None
ti
Uula-
cat
0,
-w
Q ?-
�r
Mayor Erskine adjourned the regular meeting of the City Council of the City of
Huntington Beach at 9:45 a.m. to September 28, 1988 in the Council Chamber,
Civic Center.
ATTEST: Connie Brockway
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
Connie Brockway
City Clerk
STATE OF CALIFORNIA ) John Erskine
County of Orange ) Mayor
City of Huntington Beach)
I , CONNIE BROCKWAY, the duly appointed and qualified City Clerk of
the City of Huntington Beach, California, do hereby certify that the above and
foregoing is a true and correct Statement of Action of the City Council of
said City at their regular meeting held on the 19th day of September 1988.
WITNESS my hand and seal of the said City of Huntington Beach this
the 23rd day of September, 1988.
Connie Brockway
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
Deputy
i
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
September 22, 1988
Brown & Diven, Law Offices
P. 0. Box 8025
Fairbanks Ranch Plaza
Rancho Santa Fe, CA 92067
The City Council of the City of Huntington Beach at the regular meeting
held Monday, September 19, 1988, adopted Resolutions 5923, 5924, 5925,
and 5926 regarding the formation of an assessment district for the
construction of water transmission lines in the Ellis-Goldenwest area
in the City of Huntington Beach.
Enclosed are certified copies of the resolutions for your records.
Connie Brockway
City Clerk
CB:bt
Enc.
(Telephone:714-536.5227)
7APPROVZID BY GI IJL f FOR CITY COUNCIL'ACTION
���,� Date G ti
AiZ7L Q1J �Y GZTY
ty---lMonorahle Mayor and City Council $ ®Y$�
Submitted by: Paul E. Cook, City Administrator �C ' ,,....�•" {
Prepared by: Louis F. Sandoval, Director of Public Works aITY
Subject: Assessment District Number 88-1 (Reservoir Hill Assess rict)
1 5 # S9a 3
Consistent with Council Policy? Yes [ ] New Policy or Exception
fat
Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachmennts. '
STATEMENT OF ISSUE:
The City has received a petition from the Huntington Beach Company requesting the
formation of an assessment district for the construction of water transmission lines in the
Ellis - Goldenwest area of the city.
RECOMMENDATION:
Adopt Resolution Number 5 a3 Making Findings on Petition.
Adopt Resolution Number S 9a Making Appointments
Adopt Resolution Number S Adopting Proposed Boundary Map
Adopt Resolution Number �a• Declaring Intention to Form Assessment District
Number 88-1 (Reservoir Hill
ANALYSIS:
The Ellis - Goldenwest area of the city suffers from low water pressure and marginal
water service for fire protection.
The proposed assessment district will be the area generally bounded on the north by Ellis
Avenue, on the east by Huntington Street, on the south by Yorktown and on the west by a
line parallel to and approximately 1000 feet west of Edwards Street.
The majority of the properties in this area are undeveloped, and over 70% of them are
owned by the Huntington Beach Company. Some of the properties in the proposed
assessment district are presently receiving water service. These customers fall into three
major categories:
Present residential customers who will The County View Estates subdivision
benefit from the assessment district. was allowed to develop with the condition
that all new property owners would"partici-
pate in the assessment district. These
properties will be assessed.
Present customers who will not benefit A few residences and commercial
from the assessment district. customers within the district are
presently receiving adequate water
service to fully developed properties.
These properties are excluded from the
assessment district and will'not be assessed.
PIO 5/85 \�
Assessment District No. 88-1
(Reservoir Hill Assessment Dist.) - RCA
September 7, 1988
Page 2
Present customers who will benefit Several properties in the area have water
from the assessment district when service for a single home on a large
their property is fully developed. undeveloped property. Other properties
receive water service for oil uses or
commercial uses which will surely be
replaced by more intense development
in the future. These properties are
proposed to be assessed.
Two informational meetings were held, with all affected property ownerers invited to
participate. There have been no negative reactions to the proposed district.
FUNDING SOURCE:
Assessment District Number 88-1 (Reservoir Hill)
ALTERNATIVES:
1. Install the necessary water facilities with City water funds.
2. Require water lines to be installed by developers.
3. Do nothing.
ATTACHMENTS:
1. Petition
2. Boundary Map
3. Resolution Number Making Findings on Petition.
4. Resolution Number Making Appointments
5. Resolution Number Adopting Proposed Boundary Map
6. Resolution Number ,�9�b Declaring Intention to Form Assessment District
Number 88-1 (Reservoir Hill)
PEC:LFS:JR:dw
1776g
PETITION AND WAIVER FOR
SPECIAL ASSESSMENT PROCEEDINGS
1. We, the undersigned, are the property owners of land shown on the map attached as
Exhibit "A" and made a part of this document.
2. We petition you to undertake special assessment proceedings for the following
described public improvements;
The construction and installation of water line improvemens (12" through 18"),
together with appurtenances and appurtenant work to serve and benefit properties
located within the boundaries of Assessment District No. 88-1 (Reservoir Hill).
3. We understand:
A. THAT the cost of the improvements will be charged to the land which benefits
from the improvements, including our land;
B. THAT a report will be prepared on the project, including plans and
specifications, a detailed cost estimate, and a division of the costs among the
benefited parcels of land, and that you will conduct a public hearing on the
report;
C. THAT the cost of engineering, legal and other incidental expenses will be
included in the project cost;
D. THAT each property owner may pay his assessment either in cash without
interest or installments with interest over a period of years.
4. We consent to other appurtenant work and acquisition that is, in the opinion of the
legislative body, necessary to properly effectuate said improvements, and we hereby
expressly waive the proceedings required and all limitations under 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.
5. We hereby further request that all efforts and attempts be made so that said
proceedings and the Resolution of Intention can be adopted at the earliest time.
6. We agree to dedicate all required rights-of-way or easements necessary for the works
of improvements, all dedications to be accomplished before the ordering of the
improvements.
i-Y
THE UNDERSIGNED HEREBY CERTIFY UNDER PENALTY OF PERJURY
THAT THEY ARE THE OWNERS OF RECORD OF THE PROPERTY
AS SET FORTH HEREIN.
NAME OF PROPERTY
DATE OF OWNER AND STREET LEGAL DESCRIPTION OR
SIGNING ADDRESS COUNTY TAX PARCEL NO. SIG
Huntington Beach Co. 11021008
2120 Main Street 11021009
Suite 260 11020017
Huntington Beach, CA 11020018
92648 11020022
11001556 77
11023008
11020029
11107218
11107204
11107215
11113010
11113016
11113017
11113018
11113019
11115047
15928101
15928102
11115026
11115027
11115028
11115029
11115031
11115032
11115040
02301012
11107202
11107203
11107205
11107207
11107208
11107209
11107210
11107211
11107212
11107220
11107222
11107223
11115033
11114030
11114031
15928105
11001557
11020010
11020019
Petition
Page 2
NAME OF PROPERTY
DATE OF OWNER AND STREET LEGAL DESCRIPTION OR
SIGNING ADDRESS COUNTY TAX PARCEL NO. SIGNATURE
02301013
11113021
11020020
02318129
15931102
15931103
15931104
15931105
15931106
15931107
15919101
15919102
15919103
11113020
11113022
11113023
11114028
11114029
11114032
11114033
11114034
11114035
11115018
11115022
11115023
11115044
15928212
11020011
FIELD IN THE OFFICE OF THE CITY CLERK THIS p7*W DAY OF
1988.
Said petition represents 72.2 % of the assessable area, as shown on the attached map.
City Clerk
City of Huntington Beach
State of California
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
On this day of August 1988, before me, the
undersigned, a Notary Public in and for said State, personally
appeared ----R -J-.---Work-- -- - and ------A J-:-Glark------ , known to me or
proved to me on the basis of satisfactory evidence to be the
---V-ice-----Presiden-t and -Assistan-t--Secreta-ry-- , respectively, of
HUNTINGTON BEACH COMPANY, which executed the within instrument,
and -personally known to me to be the persons whose names are
subscribed to the within instrument on behalf of such corporation,
and acknowledged to me that such corporation executed the same
pursuant to its by-laws or a resolution of its Board of Directors.
WITNESS my hand and official seal.
i
Signature: Qwz_L_0--- --T
°` OFFICIAL SEAL
JAC30E J. LOPEZ
..� Notary Piave Celttomla
ORANGE COUNTY
.......,.. My Comm.EXP.Qa.13,199Q -- _..------ ._-._Jackie -J-:-L-ope z------------�--- _
Name (typed or printed)
(This area reserved
for official seal) My commission expires: -- 19.11-3-i9 --
CERTIFICATE OF SUFFICIENCY OF PETITION
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF HUNTINGTON BEACH
LES EVANS, the undersigned, hereby CERTIFIES as follows:
That I am the duly appointed CITY ENGINEER of the CITY OF HUNTINGTON BEACH,
CALIFORNIA.
That on the 1st day of September , 1988, I reviewed a Petition and
Waiver for the formation of an Assessment District for certain public works of
improvement, together with appurtenances, appurtenant work and acquisition, where
necessary,- in a special assessment district known and designated as ASSESSMENT
DISTRICT NO. 88-1 (RESERVOIR HILL) (hereinafter referred to as the "Assessment
District") , a copy of which is on file in the Office of the City Clerk.
That I caused said Petition and Waiver to be examined and my examination revealed
that said Petition and Waiver has been signed. by property owners representing more
than sixty (60%) percent of the assessable area of lands within the boundaries of
the proposed Assessment District, all as prescribed by Section 2804 of the Streets
and Highways Code of the State of California ("Special Assessment Investigation,
Limitation and Majority Protest Act of 193111) .
That said Petition and Waiver did represent sevErty to point tko ( 72.2 %) percent of
the assessable area of property within the boundaries of the Assessment District.
That said Petition and Waiver meets the requirements of Section 2804 of the Streets
and Highways Code of the State of California.
/
Executed this day of �J pp e)o4ern btr 1988, at Huntington Beach,
California. -
CITY ENGINEER
CITY OF HUNTINGTON BEACH
STATE OF CALIFORNIA
PETITION AND WAIVER FOR
SPECIAL ASSESSMENT PROCEEDINGS
1. We, the undersigned, are the property owners of land shown on the map attached as
Exhibit "A" and made a part of this document.
2. We petition you to undertake special assessment proceedings for the following
described public improvements;
The construction and installation of water line improvemens (12" through 18"),
together with appurtenances and appurtenant work to serve and benefit properties
located within the boundaries of Assessment District No. 88-,1 (Reservoir Hill).
3. We understand:
A. THAT the cost of the improvements will be charged to the land which benefits
from the improvements, including our land;
B. 1-HiA F a report will ne prepared on the project, including plans and
specifications, a detailed cost estimate, and a division of the costs among the
benefited parcels of land, and that you will conduct a public hearing on the
report;
C. THAT the cost of engineering, legal and other incidental expenses will be
included in the project cost;
U. THAT each property owner may pay his assessment either in cash without
interest or installments with interest over a period of years.
`t. `:Ve consent to other appurtenant work and acquisition that is, in the opinion of the
legislative body, necessary to properly effectuate said improvements, and we hereby
expressly waive the proceedings required and all limitations under the "Special
Assessment Investioation, Limitation and Majority Protest Act of 1931", being
Division 4 of the Streets and Highways Code of the State of California.
5. We hereby further request that all efforts and attempts be made so that said
proceedings and the Resolution of Intention can be adopted at the earliest time.
6. We agree to dedicate all required rights-of-way or easements necessary for the works
of improvements, all dedications to be accomplished before the ordering of the
improvements.
i
THE UNDERSIGNED HEREBY CERTIFY UNDER PENALTY OF,PERJURY
THAT THEY ARE THE OWNERS OF RECORD OF THE PROPERTY
ASSET FORTH HEREIN.
NAME OF PROPERTY
DATE OF OWNER AND STREET LEGAL DESCRIPTION OR ;
SIGNING ADDRESS COUNTY TAX PARCEL NO. SIGN
Huntington Pacific Corp. 11020013
- ./
2120 Main Street 11107214
Suite 260 11107217 /
Huntington Beach, CA 11107221
92648
FIELD IN THE OFFICE OF THE CITY CLERK THIS DAY OF ,
1988. - -
Said petition represents 2.4 % of the assessable area, as shown on the attached map.
i
City Clerk
City of Huntington Beach
State of California
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
� T
On this _ day of -August 1988, 'before me, the
undersigned, a Notary Public in and for said State, personally
appeared - - R. J. Work- and -- -A. J. Clark - known to me or
proved to me on the basis of satisfactory evidence to be the
Vice President and Assistant Secretary , respectively, of
HUNTINGTON PACIFIC CORPORATION, which executed the within
instrument, and personally known to me to be the persons whose
names are subscribed to the within instrument on behalf of such
corporation, and acknowledged to me that such corporation executed
the same pursuant to its by-laws or a resolution of its Board of
Directors.
WITNESS my hand and official seal.
Signature: �� -.C�-�
OFFICIAL SEAL
JACKIE J. LOPEZ
d Notary"t-catitomla
� ORANGE COUNTY
• Mr OMM.UP Oct. 13, +aso Jackie J. Lopez -
Name (typed or printed)
(This area reserved i
for official seal) My commission expires: 10/13/90
- 1
CERTIFICATE OF SUFFICIENCY dF PETITION
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF HUNTINGTON BEACH
LES EVANS, the undersigned, hereby CERTIFIES as follows:
That I am the duly appointed CITY ENGINEER of the CITY OF HUNTINGTON BEACH,
CALIFORNIA.
That on the 1st day of . September 1988, I reviewed a Petition and
Waiver for the formation of an Assessment District for certain public works of
improvement, together with appurtenances, appurtenant work and acquisition, where
necessary, in a special assessment district known and designated as ASSESSMENT
DISTRICT NO. 88-1 (RESERVOIR HILL) (hereinafter referred to as the "Assessment
District") , a copy of which is on file in the Office of the City Clerk.
That I caused said Petition and Waiver to be examined and my examination revealed
that said Petition and Waiver has been signed by property owners representing more
than sixty (60%;) percent of the assessable area of lands within the boundaries of
the proposed Assessment District, all as prescribed by Section 2804 of the Streets
and Highways Code of the State of California ("Special Assessment Investigation,
Limitation and Majority Protest Act of 1931" ) .
That said Petition and Waiver did represent two point four ( 2 . 4 $) percent of
the assessable area of property within the boundaries of the assessment District.
That said Petition and Waiver meets the requirements of Section 2804 of the Streets
and Highways Code of the State of California.
3'T I�
Executed this day of e P 4f'^ Qor 1988, at Huntington Beach,
California.
CITY ENGINEER
CITY OF HUNTINGTON BEACH
STATE OF CALIFORNIA
PETITION AND WAIVER FOR
SPECIAL ASSESSMENT-PROCEEDINGS
1. We, the undersigned, are the property owners of land shown on the rnap attached as
Exhibit "A" and made a part of this document-.
2. We petition you to undertake special assessment proceedings for the following
described public improvements;
The construction and installation of water line improvemens (12" through 18"),
together with appurtenances and appurtenant, work to serve and benefit properties
located within the boundaries of Assessment District No. 88-I (Reservoir Hill).
3. We understand:
A. THAT the cost of the improvements will be charged to the land which benefits
from the improvements, including our land;
B. THAT a report will be prepared on the project, including plans and
specifications, a detailed cost estimate, and a division of the costs among the
benefited parcels of land, and that you will conduct a public hearing on the
report;
C. THAT the cost of engineering, leo_al and other incidental expenses will be
includes' in the project cost;
D. THAT each property owner may pay his assessment either in cash without
interest or installments with interest over a period of years.
4. We consent to other appurtenant work and acquisition that is, in the opinion of the
legislative body, necessary to properly effectuate said improvements, and we hereby
expressly waive the proceedings required and all limitations under the "Special
Assessment Investigation, Limitation and N-iajority Protest Act of 1931", being
Division 4 of the Streets and Highways Code of the State of California.
5. We hereby further request that all efforts and attempts be made so that said
proceedings and the Resolution of Intention can be adopted at the earliest time.
6. We agree to dedicate all required rights-of-way or easements necessary for the works
of improvements, all dedications to be accomplished before the ordering of the
improvements.
i
THE UNDERSIGNED HEREBY CERTIFY UNDER PENALTY OF PERJURY
THAT THEY ARE THE OWNERS OF RECORD OF THE PROPERTY
-AS SET FORTH HEREIN.
NAtAE OF PROPERTY
DATE OF OWNER AND STREET LEGAL DESCRIPTION OR
SIGNING ADDRESS COUNTY TAX PARCEL NO. SIG
Huntington Beach-Co: 11021008
2120 Main Street 11021009
Suite 260 11020017
Huntington Beach, CA 11020018
92648 11020022 11001556
11023008
- 11020029
11107218 -
11107204
11107215
11113010
11113016
11113017
11113018
11113019
11115047
15928101
15928102
11115026
11115027
11115028
11115029
11115031
11115032
11115040
02301012
11107202
11107203
11107205
11107207
11107208
11107209
11107210 _
11107211
11107212
11107220
11107222
11107223
11115033
11114030
11114031
15928105
11001557
11020010
11020019
Petition
Page 2
NAME OF PROPERTY
DATE Or `' OWNER AND STREET LEGAL DESCRIPTION OR
SIGNING ADDRESS COUNTY TAX PARCEL NO. SIGNATURE
02301013
11113021
11020020
02318129
15931102
15931103
15931104
15931105
15931106
15931107
15919101
15919102
15919103
11113020
' 11113022
11113023
11114028
11111029
It114032
11114033
11114034
11114035
11115018
11115022
11115023
11115044
15928212
11020011
FIELD IN THE OFFICE OF THE CITY CLERK THIS 07AW DAY OF
1988. �-
Said petition represents 72.2 % of the assessable area, as shown on the attached map.
City Clerk
City of Huntington Beach
State of California
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
On this day of August 1988, before me, the
undersigned, a Notary Public in and for said State, personally
appeared R. J. Work and A. J. Clark - , known to me or
proved to me on the basis of satisfactory evidence to be the
Vice President and Assistant--Secretary , respectively, of
HUNTINGTON BEACH COMPANY, which executed the within instrument ,
and personally known to me to be the persons whose names are
subscribed to the within instrument on behalf of suc:: corporation. ,
and acknowledged to me that such corporation executed the same
pursuant to its by-laws or a resolution of its Board of Directors.
WITNESS my hand and official seal.
i
Signature: --i. Cl .C:_
OFFICIAL SEAL '
JACKIE J. LOPEZ '
•—d Notary PUM- ;aptomla
?#� ORANGE OOUNTY
Mr Comm.EXP.Oct. 13.19W Jackie J.-- Lopez -
Name (typed or printed)
(This area reserved
for official seal) IV commission expires: 10/13/90
CERTIFICATE OF SUFFICIENCY OF PETITION
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF HUNTINGTON BEACH
LES EVANS, the undersigned, hereby CERTIFIES as follows:
That I am the duly appointed CITY ENGINEER of the CITY OF HUNTINGTON BEACH,
CALIFORNIA.
That on the 1st day of September 1988, I reviewed a Petition and
Waiver for the formation of an Assessment District for certain public works of
improvement, together with appurtenances, appurtenant work and acquisition, where
necessary, in a special assessment district known and designated as ASSESSMENT
DISTRICT NO. 88-1 (RESERVOIR HILL) (hereinafter referred to as the "Assessment
District") , a copy of which is on file in the Office of the City Clerk.
That I caused said Petition and Waiver to be examined and my examination revealed
that said Petition and Waiver has been signed by property owners representing more
than sixty (60%) percent of the assessable area of lands within the boundaries of
the proposed Assessment District, all as prescribed by Section 2804 of the Streets
and Highways Code of the State of California ("Special Assessment Investigation,
Limitation and Majority Protest Act of 1931") .
That said Petition and Waiver did represent sty tkO paint tWD ( 72.2 %) percent of
the assessable area of property within the boundaries of the. Assessment District.
That said Petition and Waiver meets the requirements of Section 2804 of the Streets
and Highways Code of the State of California.
/
Executed this I day of • elofien, b1r 1988, at Huntington Beach,
California.
CITY ENGINEER
CITY OF HUNTINGTON BEACH
STATE OF CALIFORNIA
i
ENGINEER'S "REPORT"
PART V
DESCRIPTION OF RIGHTS-OF-WAY TO BE ACQUIRED
RIGHT-OF-WAY CERTIFICATE
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF HUNTINGTON BEACH
The undersigned hereby CERTIFIES UNDER PENALTY OF PERJURY that the following is all
true and correct.
At all times herein mentioned, the undersigned was, and now is, the duly appointed
CITY ENGINEER of the CITY OF HUNTINGTON BEACH, CALIFORNIA.
That there have now been instituted proceedings under the provisions of the "Munici-
pal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of
the State of California, for the construction of certain public improvements in a
special assessment district known and designated as ASSESSMENT DISTRICT NO. 88-1
(RESERVOIR HILL) (hereinafter referred to as the "Assessment District" ) .
THE UNDERSIGNED STATES AND CERTIFIES AS FOLLOWS:
(check one)
[ a. That all easements, rights-of-way, or land necessary for the accomplish-
ment of the works of improvement for the above referenced Assessment
District have been obtained and are in the possession of the City.
( ) b. That all easements, rights-of-way or land necessary for the accomplishment
of the works of improvement for the above referenced Assessment District
have been obtained and are in the possession of the City, EXCEPT FOR THOSE
DESCRIBED IN EXHIBIT "A" attached hereto, showing legal description and
maps of rights-of-way and easements not yet obtained at this time.
It is further acknowledged that works of improvement as proposed to be constructed
within said Assessment District must be constructed within public rights-of-way,
land, or easements as owned by said City at the time of the construction of the
works of improvement, and the undersigned hereby further certifies that all
rights-of-way necessary for the works of improvement will be obtained and in the
possession of the City prior to the commencement of any construction.
EXECUTED this ! day of 10tem Cr , 1988, at en ,
California.
CITY ENGINEER
CITY OF HUNTINGTON BEACH
STATE OF CALIFORNIA
ORDER OF PROCEDURE
CITY OF HUNTINGTON BEACH
ASSESSMENT DISTRICT NO. 88-1
(RESERVOIR HILL)
DATE OF MEETING: SEPTEMBER 19, 1988
STAFF: General presentation as to boundaries of Assessment District
and extent of works of improvement.
CITY COUNCIL: Adopt RESOLUTION MAKING FINDINGS ON PETITION: Formal action
and acceptance of Petition submitted by property owners.
CITY COUNCIL: Adopt RESOLUTION MAKING APPOINTMENTS: Formal appointment of
Superintendent of Streets, newspaper, etc.
CITY COUNCIL: Adopt RESOLUTION ADOPTING PROPOSED BOUNDARY MAP: Formal
action approving boundaries of proposed Assessment District.
CITY COUNCIL: Adopt RESOLUTION OF INTENTION: Jurisdictional Resolution
under "1913 Act" proceedings, declaring intent to finance
improvements through the issuance of bonds.
PROPOSED SCHEDULE:
SEPTEMBER 19, 1988: ADOPT JURISDICTIONAL RESOLUTIONS
OCTOBER 17, 1988: AUTHORIZING BIDDING ON WORKS OF IMPROVEMENT AND
REQUEST PROPOSAL FOR SALE OF BONDS
NOVEMBER 16, 1988: DATE FOR RECEIPT OF CONSTRUCTION BIDS
DECEMBER 5, 1988: PUBLIC HEARING TO CONSIDER THE FOLLOWING:
A. CONFIRMATION OF ASSESSMENT DISTRICT
B. ORDERING IMPROVEMENTS
PETITION AND WAIVER FOR
SPECIAL ASSESSMENT PROCEEDINGS
1. We, the undersigned, are the property owners of land shown on the map attached as
Exhibit "A" and made a part of this document.
2. We petition you to undertake special assessment proceedings for the following
described public improvements;
The construction and installation of water line improvemens (12" through 18"),
together with appurtenances and appurtenant work to serve and benefit properties
located within the boundaries of Assessment District No. 88-1 (Reservoir Hill).
3. We understand:
A. THAT the cost of the improvements will be charged to the land which benefits
from the improvements, including our land;
B. THAT a report will be prepared on the project, including plans and
specifications, a detailed cost estimate, and a division of the costs among the
benefited parcels of land, and that you will conduct a public hearing on the
report;
C. THAT the cost of engineering, legal and other incidental expenses will be
included in the project cost;
D. THAT each property owner may pay his assessment either in cash without
interest or installments with interest over a period of years.
4. We consent to other appurtenant work and acquisition that is, in the opinion of the
legislative body, necessary to properly effectuate said improvements, and we hereby
expressly waive the proceedings required and all limitations under 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.
5. We hereby further request that all efforts and attempts be made so that said
proceedings and the Resolution of Intention can be adopted at the earliest time.
6. We agree to dedicate all required rights-of-way or easements necessary for the works
of improvements, all dedications to be accomplished before the ordering of the
improvements.
THE UNDERSIGNED HEREBY CERTIFY UNDER PENALTY OF PERJURY
THAT THEY ARE THE OWNERS OF RECORD OF THE PROPERTY
AS SET FORTH HEREIN.
NAME OF PROPERTY
DATE OF OWNER AND STREET LEGAL DESCRIPTION OR
SIGNING ADDRESS COUNTY TAX PARCEL NO. SIG
Huntington Pacific Corp. 11020013
2120 Main Street 11107214
Suite 260 11107217 _
Huntington Beach, CA 11107221
92648
FIELD IN THE OFFICE OF THE CITY CLERK THIS DAY OF ,
1988.
Said petition represents 2.4 % of the assessable area, as shown on the attached map.
City Clerk
City of Huntington Beach
State of California
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
s 7`
On this / day of -----Au us-t----- 1988, before me, the
undersigned, a Notary Public in and for said State, personally
appeared and - -A:--J: Clark----- known to me or
proved to me on the basis of satisfactory evidence to be the
Vice- President and Assistant---Secretary_. , respectively, of
HUNTINGTON PACIFIC CORPORATION, which executed the within
instrument, - and personally known to me to be . the persons whose
names are subscribed to the within instrument on behalf of such
corporation, and acknowledged to me that such corporation executed
the same pursuant to its by-laws or a resolution of its Board of
Directors.
WITNESS my hand and official seal.
Signature:
.• , OFFICIAL SEAL
JACKIE J. LOPEZ
Notary Public-Callfomla
ORANGE COUNTY
MY Comm.Exp.Oct. 13. tsso ---- --- - _----..-.Jackie-J- L-opez--- - ---- -- -
Name (typed or printed)
(This area reserved
for official seal) My commission expires: --- 1-0/1-3/90- -
CERTIFICATE OF- SUFFICIENCY OF PETITION
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF HUNTINGTON BEACH
LES EVANS, the undersigned, hereby CERTIFIES as follows:
That I am the duly appointed CITY ENGINEER of the CITY OF HUNTINGTON BEACH,
CALIFORNIA.
That on the 1st day of September 1988, I reviewed a Petition and
Waiver for the formation of an Assessment District for certain public works of
improvement, together with appurtenances, appurtenant work and acquisition, where
necessary, in a special assessment district known and designated as ASSESSMENT
DISTRICT NO. 88-1 (RESERVOIR HILL) (hereinafter referred to as the "Assessment
District") , a copy of which is on file in the Office of the City Clerk.
That I caused said Petition and Waiver to be examined and my examination revealed
that said Petition and Waiver has been signed by property owners representing more
than sixty (60%) percent of the assessable area of lands within the boundaries of
the proposed Assessment District, all as prescribed by Section 2804 of the Streets
and Highways Code of the State of California ("Special Assessment Investigation,
Limitation and Majority Protest Act of 1931") .
That said Petition and Waiver did represent two point four ( 2 . 4 %) percent of
the assessable area of property within the boundaries of the Assessment District.
That said Petition and Waiver meets the requirements of Section 2804 of the Streets
and Highways Code of the State of California.
Yr
Executed this / day of 110 em i or- 1988, at Huntington Beach,
California.
CITY ENGINEER -
CITY OF HUNTINGTON BEACH
STATE OF CALIFORNIA
THEE.:Cit ` Q F HtU�l TIIN�G tfox FB� ACH
t)TICS ,I PUBLIC NOTICE i. PUBLIC NOTICE
NOTICE OF PUBLIC HEARII,`--,
CITY OF HUNTINGTON BEAY_.A)
REGARDING THE ESTABLISHMENT
OF A FEE FOR PROCESSING
DIVISIONS OF LAND WITHIN
ASSESSMENT DISTRICT 88-1
"RESERVOIR HILL ASSESSMENT DISTRICT"
This public hearing was originally scheduled for 9/5/89
and was continued open,to various meetings and will
now be heard on November 20, 1989. ,
Notice is hereby given that a public hearing will be held by the City Council
of the City of Huntington Beach:
DATE: November 20, 1989
TIME:7:00 p.m.,(or as soon thereafter as possible)
PLACE: City Council Chambers, 2000 Main Street, City of Huntington
Beach Civic Center
To consider the following Resolution:
RESOLUTION NO.6064
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON
BEACH ESTABLISHING A FEE FOR PROCESSING LAND AND
ASSESSMENT DIVISION APPLICATIONS PURSUANT TO THE PROVISIONS
OF THE "IMPROVEMENT BOND ACT OF 1915", BEING DIVISION 10 OF
THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA.,
WHEREAS, the City Council of the City of Huntington Beach, California,
has recently completed proceedings for the construction of certain public
improvements in what,is known and designated as
ASSESSMENT DISTRICT NO.88-1
(hereinafter referred to as the "Assessment District"), pursuant to the
provisions of the Division 12,of the Streets and Highways Code of the State of
California, with bonds to issue under the terms and provisions of the
"Improvement Bond Act of 1915", being Division 10 of said Code; and,
Assessments have been levied and bonds issued on.certain parcels of
property and it is determined that certain of the original parcels will be
divided and requests and applications will be made for the division of
assessments on the divided lots or parcels,all according to provisions in said
"Improvement Bond Act of 1915";and,
This legislative body is desirous of establishing a reasonable fee for
processing applications for division of land assessment in order to be
reimbursed for the necessary costs so incurred as set forth in said
"Improvement Bond Act of 1915".
NOW,THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1.That the above recitals are all true and.correct.
S'ECTION.2. That the following fee schedule is hereby determined to be
reasonable and is an amount which will cover reimbursement for the
necessary costs in processing applications for divisions of land and
assessment pursuant to the"Improvement Bond Act of 1915",being Division
10 of the Streets and Highways Code of the State of California:
A. All applications for division of land and assessment shall be accom-
panied by a fee of$50.00 for each separate part or parcel of land into which
the original lot or parcel has been divided.
B. If no application is filed, at the time the Superintendent of streets files
the amended assessment pursuant to order of this legislative'body,the fee is-
determined to be$100.00 for each separate part or parcel of land into which
the original lot or parcel has been divided. Prior to making the division, the
Superintendent of Streets shall notify the property owner as to the costs for
the appointment.In the event the costs are not paid within fifteen(15)days of
notification,the Superintendent of Streets shall, in preparing the amended
Assessment,show separately thereon the amount of said fee charged to each
individual parcel. The amount so charged shall then be entered, if not paid,
upon the assessment roll and collected along with the first installment of the
amended assessment.
SECTION 3. That all fees.so collected, either by application or.as an
installment on the assessment,are to be deposited in the General Fund of the
Treasury of this Agency.
The public is invited to attend and provide the City Council with written and
oral comments and ask questions concerning proposed City's Fees.
CONTACT PERSON: LOUIS SANDOVAL
Director of Public Works
2000 Main Street
Huntington Beach,CA 92648 ,
Phone:(714)536-5432
CITY OF HUNTINGTON BEACH
by:Connie Brockway,City Clerk
DATED,:9/14/89
Pblished Orange Coast Daily Pilot November 9, 1989 th885
Avtr.o+uc� tc PvD::a� ap.sr:rs^tishtf a' ar + -c1.,Dn- pun%0. �—'
notrctr• by Docfv* of th• Superior Court anp• 1ounty.
Calrfornra. Nurn"r. A-6214. dotod ?4 SaDtamp�r, 1961. and
A-24831. Baled 11 June. 1963 --
STATE OF CALIFORNIA
County of Orange .,,e.c «o.cr. .e..e+..rp C~W -
ti
�I l
I am a Citizen of the United States and a resident of A ;
the County aforesaid-. I am over the age of eighteen
years. and not a party to or interested in the below
entitled matter. I am a principal clerk of the Orange
Coast DAILY PILOT, with which is combined the
NEWS-PRESS. a newspaper of general circulation,
printed and 'published 1n the City of Costa Mesa.
County of Orange. State of California, and that a
Notice of Public Hearing
of which copy attached hereto is a true and complete
copy, was printec and published to the Costa Mesa.
Newport Beach. Huntington Beach, Fountain Valley,
Irvine. the South Coast communities and Laguna
Beach issues of said newspaper for 1 time
Consecutive weeks to will the issue(s) of
November 9 t98 9
198
196
19E
198
1 declare, under penalty of perjury, that the
foregoing is true and correct.
Executed on November 9 198 9
at Costa Mesa, California.
Signature
PROOF OF PUBLICATION
� l
REQUEST FOR CITY COUNCIL ACTION
Date November 20, 1989
Submitted to: Honorable Mayor and City Council
Submitted by: Paul E. Cook, City Administrato;)'�--� iol�lol ��I� �,y✓'
Prepared by: Louis F. Sandoval, Director of Public Works LO ��
RESOLUTION NO 6064 ESTABLISHING A FEE FOR PROCESSING TA l,11
Subject: ASSESSMENT DISTRICT LAND DIVISION
Consistent with Council Policy? (x9 Yes [ ] New Policy or Exception
Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments:
STATEMENT OF ISSUE:
The City has continuing administrative duties to assure bonds issued in the Reservoir Hill
Assessment District are properly paid.
RECOMMENDATION:
Adopt Resolution No. 6064 establishing a fee to offset the costs of respreading
assessments when land within the Reservoir Hill Assessment District is divided.
ANALYSIS:
On December 5, 1989, the City Council formed the Reservoir Hill Assessment District
(88-1) and imposed assessment on parcels within the district to pay for construction.of
water lines. As subdivisions within the district are approved, assessments must be
respread, bondholders notified and amended assessments and maps filed with the County
Auditor. For the past eight months, City staff has been providing this service at no cost
to the developer. With the possibility that many new subdivisions will be approved in the
next few years, staff feels that it would be appropriate to establish a fee for respreading
and recording assessments. The Huntington Beach Company has requested that the fees
be paid prior to recordation of the final map rather than at the time of application for
division of land. An alternative resolution has been prepared to reflect their request.
FUNDING SOURCE:
Personnel costs offset by revenue to the General Fund.
ALTERNATIVE ACTION:
Do not adopt fees and continue to provide the assessment respreading at no cost to the
developer.
ATTACHMENTS-
Resolution
PEC:LFS:LGE:dw
2236g/l1
Plo 5/85
RESOLUTION NO . � .
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH ESTABLISHING A FEE FOR ''
PROCESSING LAND AND ASSESSMENT DIVISION APPLICATIONS
PURSUANT TO THE PROVISIONS OF THE " IMPROVEMENT BOND ACT
OF' 1.915" , BEING DIVISION 10 OF THE STREETS AND HIGHWAYS
CODE OF THE STATE OF CALIFORNIA �i.
i�
WHERL.AS , the City Council of the City of Huntington Beach , 'I
C;; 1 ifornia , has recent 1y completed proc /District" )
c .n�uction ��
i
r l 11: ri.n I)rit� l. ic improvements in what: signated as
i
ASSESSMENT DISTRIC
( hereinafter referred to as the "Assess ) , pursuant= tothe provisions of i:he "Municipal Improv13 " , being
Division 1.2 of the Streets and Highw ys Code of the State of
C<il. ifornia , with bonds to issue un er the terms and provisions of.
I.-.he " Improvement Bond Act of 19 being Division 10 of said Code ;
Assessment~ have been levied and bonds issued on certain
� arr r l � of property and it is determined that certain of the
oriqiryal parcels will be i.vided , and requests and applications will
b made for the di /1E
of assessments on the divided lots or
piltf.—els , all accoro provisions in said " Improvement Bond Act
19) 15 " ; and ,
This legisl. body is desirous of establishing a
i
� e� isonab.1e fce f.�rssing applications for division of land i
�i
f assessrr,ent: in order to be reimbursed for the necessary costs so
uncurred as set f ' rth in said " Improvement Bond Act of 1.915 " .
' I
NOW, THEREFORE , IT IS HEREBY RESOLVED AS FOLLOWS :
SECTI0N 1 . That the above recitals are all true and correct .
i
SECTION 2 . That the following fee schedule is hereby determined to
be reasonable and is an amount which wiII cover reimbursement: for
i:he necessary c nst�; in processing applications for divisions of l rind I1
Mid assessment: pursuant. to the " Improvement Bond Act of 191.5" , bF�i.ng
i
I
Division 10 of: the Streets and Highways Code of the State of ti
Ca .1i. fornia :
A . A]. l. applications for division of land and assessment ,
shall be accompanied by a fee of $50 . 00 for each
separate part or parcel of land into which the original
lot or parcel has been divided .
I
B . If no application is filed , at the time the
Superintendent of Streets files the amended assessrnenL
pursuant. Lo order of this . legislati.ve body , the fee Ls
determined to be $100 . 00 for each separate part or
i parcel of land into which the original lot or parcel
has been divided . Prior to making the division , the.
Superintendent of Streets shall. notify the property
owner as to the costs for the apportionment . In the #�
event the costs are not paid within fifteen ( 15) days
of notification , the Superintendent of Streets shall ,
in preparing the amended assessment , show separately
�I
thereon the amount: of said fee charged to each
i
individual parcel . The amount so charged shall Cher,
entered , if not paid , upon the assessment roll and
�i
i
collected along with the first installment of the
t
amended assessment . -
` SECTION 3 That all fees so collected, either by application o,: as
j
an installment on the assessment , are to be deposited
-2- �3 i
� i
' r
in the General Fund of the Treasury of this Agency . `:,
PASSED AND ADOPTED by the City Council of the City of
HLInL.ington Beach at. a regular meeting held thereof on the day
of t9E39
Mayor
ATTI ST : APPROVED AS TO FORM :
----------- - --- -- -- - - ---
Ci. t:y Clerk City Attorney -7 _ �y
(:f?VIEWED AND APPROVED : INITIATED ND APPROVED :
i
City A7mini.str. ator Director of Public Works
-3-
l NOT1".OF PUBLIC HEARING l
F fRTY d HUNT11 NGT�O : B"E A C
RARDING THE ESTABLISHMErTt
OF A FEE FOR PROCESSING
DIVISIONS OF LAND WITHIN
ASSESSMENT DISTRICT 88-1
"RESERVOIR HILL ASSESSMENT DISTRICT"
This public hearing was originally scheduled for 9/5/89
and was continued open to various meetings and will now
be heard on November 20, 1989.
Notice is hereby given that a public hearing will be held by the City Council
of the City of Huntington Beach:
DATE: November 20, 1989 -
TIME; 7:00 p.m., (or as soon thereafter as possible)
PLACE: City Council Chambers, 2000 Main Street, City of Huntington
Beach Civic Center
I
To consider the following Resolution:
RESOLUTION NO. 6064
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON
BEACH ESTABLISHING A FEE FOR PROCESSING LAND AND
ASSESSMENT DIVISION APPLICATIONS PURSUANT TO THE PROVISIONS
OF THE ''IMPROVEMENT BOND ACT OF 1915'',BEING DIVISION 10 OF
THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA.
WHEREAS, the City Council of the City of Huntington Beach. California,
has recently completed proceedings for the construction of certain public
improvements in what is known and designated as
ASSESSMENT DISTRICT NO. 88-1
•
(hereinafter referred to as the "Assessment District''), pursuant to the
provisions of the Division 12 of the Streets and Highways Code of the State of
California, with bonds to issue under the terms and provisions of the
''Improvement Bond Act of 1915'', being Division 10 of said Code-, and,
Assessments have been.levied and bonds issued on certain parcels of
property and it is determined that certain of the original parcels will be l
divided and requests and applications will be made for the division..of
assessments on the divided lots or parcels, all according to provisions in sagid,,
-Improvement Bond Act of 1915"; and,
This legislative body is desirous of establishing a reasonable fee for
processing applications for division of land assessment in order to be
reimbursed for the necessary costs so incurred as` set forth in said
"Improvement Bond Act of 19 15".
NOW, THEREFORE, 1T IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That the following fee schedule is hereby determined to be
,reasonable and is an amount which will cover reimbursement for the
necessary costs in processing applications for divisions of land and
assessment pursuant to the ''Improvement Bond Act of 1915", being Division
10 of the Streets and Highways Code of the State of California:
'—` A. All applications for division of land and assessment shall be accom-
panied by a fee of $50.00 for each separate part or parcel of land into which
the original lot or parcel has been divided.
B. If:no application is filed, at the time the Superintendent of streets files
the amended assessment pursuant to order of this legislative body, the fee is
deterrn'ined to be $100.00 for each separate part or parcel of land into which
the original lot or parcel has been divided. Prior to making the division, the
_ Superintendent of Streets shall notify the property,owner as to the costs for
event the costs are not aid within fifteen 15 days of
" notification"-theupe-Srintendent of Streets sl—iafl; in preparing' the amen�iuG';==; - •�a_ _ _,
assessment,show separately thereon the amount of said fee charged to each
individual parcel. The amount so charged shall then be entered, if not paid,
Rrt upon the assessment roll and collected along with the first installment of the
j amended assessment.
SECTION 3. That all fees so collected, either by application or as an ;
installment on the assessment, are to be deposited in the General Fund of the '
Treasury of this Agency. i
The public is invited to attend and provide the City Council with written and
oral comments and ask questions concerning proposed City's Fees.
i
CONTACT PERSON: LOUIS SANDOVAL
Director of Public Works
2000 Main Street
Huntington Beach, CA 92648
Phone: (714) 536-5432
CITY OF HUNTINGTON BEACH
by: Connie'Brockway, Clty Clerk
t
f '
` REQUES t FOR CITY COUNCIL ACTION
Date n,,gii c t l QRQ
Submitted to: Honorable Mayor and City ('onnc:il
Submitted b 1L .��-
y F aryl E. Gook, City Administrator
Prepared by: : Louis F. Sandoval, r)irector of Public Works
Subject: RESOLUTION NO. 60_ " ESTABLISHING A FEE FOR PROCESSING
ASSESSMENT DISTRICT LAND DIVISIONS
-k�Consistent with Council Policy? ] Yes [ ] New Policy or Exception 0(0 QjQ/ Lo
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:
STATEMENT OF ISSUE:
l he City has cobtinuing administrative duties to assure honds issued in the Reservoir Hill
Assessment District are properly maid.
RI. CoMMENDATION:
Ad')pt Pe,,ohition No. 60 H est:ihllshlngg a fee to offset the, costs of resprearting
ll r ,,essinents when land within the Reservoir dill Assessment District is divided.
l
ANALYSIS:
On December 5, 1989, the City Council formed the Reservoir Hill Assessment District
(fig--I ) and imposed assessments on parcels within the district to pay for construction of
water lines. As subdivisions within the district are approved, assessments must he
respread, hondholders notified anal amended assessments any' maps filers with the County
Auditor. For the past eight months, City staff has been providing this service at no cost
to the de.veloner. With the possihility that many new subdivisions will he approved in the
next few years, staff feels that it would be appropriate to establish a fee for respreading
rued recording .assessments.
FUNDING SOURCE:
Personnel costs offset by revenue to the General Fund.
ALTERNATIVE ACTION:
Do not adopt fees and continue to provide the assessment respreading at no cost to the
rf�• velnper.
A'.P'1'AC1-1MENTS
r ,
ti
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH ESTABLISHING A FEE FOR
PROCESSING LAND AND ASSESSMENT DIVISION APPLICATIONS
PURSUANT TO THE PROVISIONS OF THE "IMPROVEMENT BOND ACT
OF 1915" , BEING DIVISION 10 OF THE STREETS AND HIGHWAYS
CODE OF THE STATE OF CALIFORNIA
WHEREAS, the City Council of the City of Huntington Beach,
California , has recently completed proceedings for the construction
n( cort:a.in public improvements in what is known and designated as
ASSESSMENT DISTRICT NO . 88-1
(hereinafter referred to as the "Assessment District" ) , 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 , with bonds to issue under the terms and provisions of
the " Improvement Bond Act of 1915" , being Division 10 of said Code;
and ,
Assessments have been levied and bonds issued on certain
parcels of property and it is .determined that certain of the
original parcels will be divided, and requests and applications will
be made for the division of assessments on the divided lots or
parcels , all according to provisions in said " Improvement Bond Act
of 1915" ; and ,
This legislative body is desirous of establishing a
i-easonable fee for processing applications for division of land
assessment in order to be reimbursed for the necessary costs so
incurred as set forth in said " Improvement Bond Act of 1915" .
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS :
SECTION 1 . That the above recitals are all true and correct .
SECTION 2 . That the following fee schedule is hereby determined to
be reasonable and is an amount which will cover reimbursement for
t:he necessary cnst:s in processing applications for divisions of Land
and assessment pursuant: to the " Improvement Bond Act of 1915" , being
Dl.vision 10 of the Streets and Highways Code of the State of
California :
A . All applications for division of land and assessment
shall be accompanied by a fee of $50 . 00 for each
separate part or parcel of land into which the original
lot or parcel has been divided .
B . If no application is filed, at the time the
Superintendent of Streets files the amended assessment
pursuant to order of this legislative body, the fee is
determined to be $100 . 00 for each separate part or
parcel of land into which the original lot or parcel
has been divided . Prior to making the division, the
Superintendent of Streets shall notify the property
owner as to the costs for the apportionment . In the
event the costs are not paid within fifteen ( 15) days
of notification, the Superintendent of Streets shall ,
in preparing the amended assessment , show separately
thereon the amount: of said fee charged to each
individual parcel . The amount so charged shall then be
entered , if not paid , upon the assessment roll and
collected along with the first installment of the
amended assessment .
t SECTION 3 . That all fees so collected, either by application or as
an installment on the assessment , are to be deposited
-2-
.3
in the General Fund of the Treasury of this Agency.
PASSED AND ADOPTED by the City Council of the City of
Huut_ington Beach at: a regular meeting held thereof on the day
of _ - _--_--, 19 89 .
Mayor------------------------------
ATTEST : APPROVED AS TO FORM:
City Clerk City Attorney -7 _ v
REVIEWED AND APPROVED: INITIATED ND APPROVED :
1
CityVAministrator Director of Public Works
40
,3
a
-3-
- --- NO, a PUBLIC HEARING.
:a1i(prn�e.• Fiumbor A=6211;'Cat"ed-29'Sep� 1961. and :,..a ,:, "':?
2<831. Cstod 1 i .June. 1963. CIT- JNTINGTON"BEACH
- REGARDING.THE ESTABLISHMENT
- - OF A:FEE FOR PROCESSING
;TATE OF CALiFORNtA DIVISIONS OF LAND WITHIN
ASSESSMENT DISTRICT 88-1
:ounty of Orange ►m C Mo.� AA�- a-w C - .d
bf
u M o: � i "RESERVOIR HILL ASSESSMENT DISTRICT"
Notice is hereby given that a public hearing will be held by the City Council
of the City of Huntington Beach:
am a Citizen.of the UNIed States and a resident of DATE: September-5, 1989
he Countyaforesaid; 1 am over the age 01 eighteen 'TIME: 7:00 p.m.,(or as soon thereafter as possible)
9 9 PLACE: City Council Chambers, 2000 Main Street, City of Huntington
ears, and not a party to;5r interested in the below Beach Civic Center
mlitled matter. 1 am a principal clerk of the Orange To consider the following Resolution:
:oast DAILY PILOT. with which is combined the RESOLUTION NO.6064
4EWS-PRESS. a newspaper of general circulation. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON
BEACH ESTABLISHING "A FEE. FOR PROCESSING LAND AND
)rinted and published in the City of Costa Mesa. (ASSESSMENT.DIVISION APPLICATIONS PURSUANT TO THE_PROVISIONS
OF THE "IMPROVEMENT BOND ACT OF 1915", BEING DIVISION•.10 OF
.ounty of Orange. State of Catitomia. and that 8 "THE'STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA.
Public H�3ring WHEREAS,.the City Council of the City of Huntington Beach, California,
Jatic u
e o} has recently completed proceedings for the construction of certain public
Improvements in what is known and designated as
! ASSESSMENT DISTRICT NO.88-1
)f which copy attached hereto is a true and complete (hereinafter referred to as the "Assessment District"), pursuant to the
provisions of.the Division 12 of the Streets and Highways Code of the State of
;opy, was printed and published in the Costa Mesa, . California, with bonds-to Issue under the terms and provisions of the
"Improvement Bond Act of 1915", being-Division 10 of said Code; arid,
Jewport Beach, Huntington Beach. Fountain Valley,
Assessments have been levied and bonds issued on certain parcels of
rvine, the South Coast communities and Laguna property and it is determined that certain of the original parcels will be
divided and requests and applications will be made for the division of
3each issues of said newspaW for t 1mE'S assessments on the divided lots or parcels,all according to provisions in said
"Improvement Bond Act of 1915";and,
:onsecutive weeks to wit-the bmue(s) of
This legislative body is desirous of establishing a reasonable fee for
processing applications.for division of land assessment In order to be
reimbursed for the necessary' costs so incurred as set forth in said
"Improvement Bond Act of 1915".
August 24 -198 9 NOW,THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1.That the above recitals are all true and correct.
August 28 198 9 SECTION 2. That the following fee schedule is hereby determined to be
reasonable and is an amount which will cover reimbursement for the.
IJ necessary costs in processing applications for divisions of land and
assessment pursuant to the"Improvement Bond Act of 1915",being Division
September 1 198 9 10 of the Streets and Highways Code of the State of California:
A. All applications for division of land and assessment shall be accom-
panied by a fee of$50.00 for each separate part or parcel of land into which
198 the original lot or parcel has been divided.
B. If no application is filed,at the time the Superintendent of streets fifes
the amended assessment-pursuant to order of this legislative body,the fee is
determined.to be$100.00 for'each separate part or parcel of land into which
198 the original lot of parcel has been divided. Prior to making the division,the
Superintendent of Streets shall notify the property owner as to the costs for
the appointment.In the event the costs are not paid within fifteen(15)days of
notification,.the Superintendent of Streets shall, in preparing the amended
assessment,show separately thereon the amount of said fee charged to each
declare, under penalty of perjury, that the individual parcel.The amount so charged shall then be entered,if not paid,,
upon the assessment roll'and collected along with the first installment of the:
bregoing is true and correct, amended assessment.
SECTION 3. That all fees so collected, either by application or as an
iristaliment on the assessment,are to be deposited in the General Fund of the
Treasury of this Agency. '
Executed on September 1 198 9
The public is invited to attend and provide the City Council with written and
at Costa Mesa, California. oral comments and ask questions concerning proposed City's Fees.
_ CONTACT PERSON: LOUIS SANDOVAL
L. Director of Public Works
Signature 2000 Main Street
g Huntington Beach,CA 92648
I Phone:(714)536-5432
lCiTY OF HUNTINGTON BEACH
by:Con_nle Brockway,Clty'Clerk
DATED:9/14/89
Published Coast Daily. Pilot August 24, 28, der 1, '1989
' PilOOF OF PUDUC!a T ION
•
CITY OF HUNTINGTON
INTER-DEPARTMENT. COMMUNICATION
HUNTIN6TON BEACH
(JU it
To Rich Barnard, From Mike Adams
Deputy City Administrator Director,
Community Development
Subject Date
COUNCIL FOLLOW—UP October 25, 1989
REQUEST NO. 89-152/.
ASSESSMENT DISTRICT 88-1
RESOLUTION 6064— RESERVOIR HILL
j
This item was generated from the Public Works Department. Therefore, continuance to
the November 20, 1989 meeting with new public hearing notification should be
coordinated through the Public Works Department or City Clerk's office.
MA:ss
,,-t l
(3938d)
Huntington
Beach
CompanyCS
2120 Main Street,' 260, Huntington Beach,California 92648-2499 (714)960-4351 FAX 714-969-3659
October 2, 1989
Mr. Lou Sandoval, Director
Public Works Department
2000 Main Street
Huntington Beach, CA 92648
Resolution 6064 Land Division Fee
Reservoir Hill Assessment District
Dear Lou:
The Huntington Beach Company has reviewed proposed Resolution No. 6064, and
while we do not object to the payment of a fee to cover the City's cost of re-
apportioning assessments, we request that the resolution be redrafted to allow the
fees to be paid upon approval of the final record map, along with all other required
fees, rather than with the initial subdivision application.
We would appreciate your consideration of this amendment. Please call me if you
have any questions related to this request.
Very truly yours,
William D. Holman
Project Manager
WDH/j
cc: Paul Cook, City Administrator
Mike Adams, Community Development Director
' 0.4 t& CITY OF HUNTINGTON BEACH
2000 MAIN STREET " CALIFORNIA 92648
OFFICE OF THE CITY CLERK
October 18, 1989
Mr. William D. Holman
Project Manager
Huntington Beach Company
2120 Main Street #260
Huntington Beach, CA 92648-2499
Dear Mr. Holman:
The proposed Resolution No. 6064 (Reservoir Hill Assessment
District) will be considered at the continued Public Hearing
at the Huntington Beach City Council meeting to be held on
November 20, 1989.
Sincerely,
Connie Brockway, CIVIC
City Clerk
CB:pm
(Telephone: 714-536-5227)
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
October 18, 1989
Huntington Beach Company
2120 Main Street, Suite 260
Huntington Beach, CA 92648
The City Council of the City of Huntington Beach at the
regular meeting held October 16, 1989, continued decision
on your appeal to Planning Commission denial of Zone
Change 87-16 and Negative Declaration No. 87-49 to
November 20, 1989.
If you have any questions regarding this matter, please
contact Hal Simmons, Community Development Department,
536-5271.
Connie Brockway, CMC
City Clerk
CB:pm
CC: Paul Cook, City Administrator
Gail Hutton, City Attorney
Mike Adams, Director of Community Development
(Telephone: 714-536-5227)
rt-PUBLN10TICE I PUBLIC NOTICE I PUBLIC NOTICE
NOTICE OF PUBLIC HEARING
4 CITY OF HUNTINGTON BEACH
hEGARDING THE ESTABLISHMENT
OF A FEE FOR PROCESSING
DIVISIONS OF LAND WITHIN
ASSESSMENT DISTRICT 88-1
"RESERVOIR HILL ASSESSMENT DISTRICT"
Notice is hereby given that a public hearing will be held by the City Counci
of the City of Huntington Beach:
DATE:September 5, 1989
TIME:7:00 p.m.,(or as soon thereafter as possible).
PLACE: City Council Chambers, 2000 Main Street, City of Huntingtor
Beach Civic Center
To consider the following Resolution:
RESOLUTION NO.6064
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTOP
BEACH ESTABLISHING A' FEE FOR PROCESSING LAND ANC
ASSESSMENT DIVISION APPLICATIONS PURSUANT TO THE PROVISION;
OF THE "IMPROVEMENT BOND ACT OF 1915", BEING DIVISION 10 OF
THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA.
WHEREAS, the City Council of the City of Huntington Beach, California
has recently completed proceedings for the construction of certain public
Improvements in what is known and designated as
ASSESSMENT DISTRICT NO.88-1
(hereinafter referred to(as the "Assessment District"), pursuant to the
provisions of the Division 12 of the Streets and Highways Code of the State o
California, with bonds to issue under the terms and provisions of the
;'Improvement Bond Act of 1915", being Division 10 of said Code;and,
Assessments have been levied and bonds issued on certain parcels o
property and it is determined that certain of the original parcels will be
divided and requests and applications will be made for'the division o
assessments on the divided lots or parcels,all according to provisions in saic
"Improvement Bond Act of 1915";and,
This legislative body is,desirous of establishing a reasonable fee foi
processing applications for division of land assessment in order to be
reimbursed for the necessary costs so incurred as set forth in saic
"Improvement Bond Act of 1915".
NOW,THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1.That the above recitals are all true and correct.
SECTION 2. That the following fee schedule is hereby determined to be
reasonable and is an amount which will cover reimbursement for the
necessary costs .in processing applications for divisions of land anc
assessment pursuant to the"Improvement Bond Act of 1915",being Divislor
10 of the Streets and Highways Code of the State of California:
A. All applications for division of land and assessment shall be accom•
panied by a fee of$50.00 for each separate part or parcel of land into.whict
the original lot or parcel has been divided.
B,If no application is filed,at the time the Superintendent of streets file;
the amended assessment pursuant to order of this legislative body,the fee i,
determined to be$100.00 for each separate part or parcel of land Into which
the original lot or parcel has been divided. Prior to making the division,the
Superintendent of Streets shall notify the property owner as to the costs foi
the appointment.In the event the costs are not paid within fifteen(15)days o
notification, the Superintendent of Streets shall, in preparing the amendec
assessment,show separately thereon the amount of said fee charged to each
Individual parcel.The amount so charged shall then be entered, if not paid
upon the assessment roll and collected along with the first installment of the
amended assessment.
SECTION 3. That all fees so collected,'either• by application or as ar
installment on the assessment,are to be deposited in the General Fund of the
Treasury of this Agency.
The public is invited to attend and provide the City Council with written anc
oral comments and ask questions concerning proposed City's Fees.
CONTACT PERSON: LOUIS SANDOVAL
Director of Public Works
2000 Main Street
Huntington Beach,CA 92648
Phone:(714)536-5432
CITY OF HUNTINGTON BEACH
by:Connie Brockway,City Clerk
DATED:9/14/89
Published Orange Coast Daily Pilot August 24, 28, September 1, 1985
th70f
GI
nol,ccs by Dc•croe of m,,o Supor:or Courl of Orange County, S0
Csl,lorn,a. Number A-62k:eated 29 SOPIGmboc• 1961. and V
A•2s83jl ibatod 11 Junn. 1963. `
STATE OF CALIFORNIA -"
County of Orange ► kmcs •b--*o-ro�-.-.e
br es .rnn... . .. .. ) pewo
f Vo cnt....—As% i
am a Citizen.of the UNIed States and a resident of
the County aforesaid; 1 am over the age of eighteen
years. and not-a party to br interested in the below '
entitled matter..I am a principal clerk of the Orange
Coast DAILY PILOT. with which is combined the NEWS-PRESS. a newspaper of general circulation,
printed and pubrrshed in the City of Costa Mesa,
County of Orange. State of California.. and that a _
Nc%tir;e of Public Htgaring
of which copy attached hereto is a true and complete
copy, was printed and pcibrrshed in the Costa Mesa,'. -
Newport Beach, Huntington Beach. Fountain Valley,
Irvine. the South Coast communities and Laguna -
Beach issues of said newspaper for - 3 t.i mes _ -
consecutive weeks to wit-the issues) of _
Aucfust 24 198_9
August 28 . 19g 9
September 1 1989
- . 198
198
1 declare, under penalty of perjury, that the
foregoing is true and correcL
Executed on _ September 1 , 198 9
at Costa Mesa, Cafifornia_
'- Signature
P?007 OF U-2-L iC!a710:1
1WLK; one UL I rutlLlG NUIILL i ru[AIG NU LL
NOTICE OF PUBLIC HEARING
CITY OF HUNTINGTON BEACH
REGARDING THE ESTABLISHMENT
OF A FEE FOR PROCESSING
DIVISIONS OF LAND WITHIN
ASSESSMENT DISTRICT 88-1
"RESERVOIR HILL ASSESSMENT DISTRICT"
Notice is hereby given that a public hearing will be held by the City Counc
Df the City of Huntington Beach:
DATE:September 5, 1989
TIME:7:00 p:m.,(or as soon thereafter as possible)
PLACE: City Council Chambers, 2000 Main Street, City of Huntingta
Beach Civic Center
To consider the following Resolution:
RESOLUTION.NO.6064
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTOI
BEACH ESTABLISHING A FEE -FOR PROCESSING LAND AN[
ASSESSMENT DIVISION APPLICATIONS PURSUANT TO THE PROVISION;
OF THE "IMPROVEMENT BOND ACT OF 1915", BEING DIVISION 10 01
THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA.
WHEREAS, the City Council of the City of Huntington Beach, CaliforniE
has.recently completed proceedings for the construction of certain publi
improvements in what is known and designated as
ASSESSMENT DISTRICT NO.88-1
(hereinafter referred to as the "Assessment District"), pursuant to th
provisions of the Division 12 of the Streets and Highways Code of the State c
California, with bonds to issue under the terms and provisions of th
"Improvement Bond Act of 1915", being Division 10 of said Code;and,
Assessments have been levied and bonds issued on certain parcels c
property and it is determined that certain of the original parcels will b
divided and requests and applications will be made for the division c
assessments on the divided lots or parcels,all according to provisions in sail
"Improvement Bond Act of 1915";and,
This legislative body is desirous of establishing a reasonable fee fc
processing applications for division of land assessment in order to b
reimbursed for the necessary costs so incurred as set forth In sai
"Improvement Bond Act of 1915".
NOW,THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1.That the above-recitals are all true and correct.
SECTION 2. That the following fee schedule is hereby determined to b
reasonable and is an amount which will cover reimbursement for. th
necessary costs in processing applications for divisions of land an
assessment pursuant to the"Improvement.Bond Act of 1915",being Divisio
10 of the Streets and Highways Code of the State of California:
A. All applications for division of land and assessment shall be accorr
panied by a fee of$50.00 for each separate part or parcel of land into whic
the original lot or parcel has been divided.
B. If no application is filed,at the time the Superintendent of streets file
the amended assessment pursuant to order of this legislative body,the fee i
determined to be$100.00 for each separate part or parcel of land into whic
the original lot or parcel has been divided. Prior to making the division,th
Superintendent of Streets shall notify the property owner as to the costs fc
the appointment.In the event the costs are not paid within fifteen(15)days c
notification, the Superintendent of Streets shall, In preparing.the amende
assessment,show separately thereon the amount of said fee charged to eac
individual parcel.The amount so charged shall then be entered,if not paic
upon the assessment roll and collected along with the first installment of th
amended assessment.
SECTION 3. That all fees so collected, either by application or as a
installment on the assessment,are to be deposited in the General Fund of th
Treasury of this Agency.
The public is invited to attend and provide the City Council with written an
oral comments and ask questions concerning proposed City's Fees.
CONTACT PERSON: LOUIS SANDOVAL
Director of Public Works
2000 Main Street
Huntington Beach,CA 92648
Phone:(714)536-5432
CITY OF HUNTINGTON BEACH
by:Connie Brockway,City Clerk
DATED:9/14/89
Published Orange Coast Daily Pilot August 24, 28, September 1, 19E
th7r
6 10
nOl:c^r.s by DPCIO.0 of lnD Suporror Cnurl of Orange County,
.California. Numbor A-6214. Cared 29 Saplomber. 1961• and
A•7,(831. baled 11 June. 1962. --
STATE OF CALIFORNIA `—
County of Orange r,m.0 �o A,&..rr-.v C--ie
t am a Citizen.of the thyted States and a resident of
the County,aforesaid; )am over the age of eighteen
years, and not-a party to-br interested in the below '
entitled matter. I am a principal clerk of the Orange _
Coast DAILY PILOT. with which is combined the
NEWS-PRESS. a newspaper of general circulationi,
printed and pubrished in the City of Costa Mesa.
County of Orange. State of .California. and that a
Notice of Public Hearing
of which copy attached hereto is a true and complete '
copy. was printed and pilbrished in the Costa Mesa... _
Newport Beach. Huntington Beach. Fountain Vaney.
Irvine, the South Coast communities and Laguna
Beach issues of said newspaper for -
consecutive weeks to wit-the issues)of _
August 24� 9
August 28 . 19a 9 '
September 1 Zg8 9
. t98
I declare, under penalty of perjury, that the
foregoing is true and correct
Executed on September 1 11989
at Costa Mesa, California.
Signature
• PDOOF OF ^U2LIC!a T 10'.1
CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
To Lou Sandoval From Connie Brockway
Dept. of Public Works City Clerk
Subject Huntington Beach Co. Letter Date October 4, 1989
Re: Assessment Districts
Attached is a letter from Huntington Beach Company regarding the
public hearing on Resolution No. 6064 - Assessment Fees. I will
include this material in the Council meeting packet for. 10/16/89.
I am sending a copy to the City Attorney's office in case it might
have an effect on the public hearing notice or for possible revis-
ion of .the resolution so if Huntington Beach Company request is
approved it can be adopted in correct form.
CB:pm
Attachment
.CC: Gail Hutton, City Attorney
Art De LaLoza
Paul Cook, City Administrator
NOTICE OF PUBLIC HEARING
CITY OF HUNTINGTON BEACH
REGARDING THE ESTABLISHMENT OF A FEE FOR PROCESSING
DIVISIONS OF LAND WITHIN ASSESSMENT DISTRICT 88-1
"RESERVOIR HILL ASSESSMENT DISTRICT:"
Notice is hereby given that a public hearing will be held by
the City Council of the City of Huntington Beach:
DATE: September 5, 1989
TIME: 7: 00 p.m. , (or as soon thereafter as possible)
PLACE: City Council Chambers
2000 Main Street, City .of Huntington Beach Civic
Center
To consider the following Resolution:
RESOLUTION NO. 6064�
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH ESTABLISHING A FEE FOR
PROCESSING LAND AND ASSESSMENT DIVISION
APPLICATIONS PURSUANT TO THE PROVISIONS OF THE
"IMPROVEMENT BOND ACT OF 1915" , BEING DIVISION 10
OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF
CALIFORNIA
WHEREAS, the City Council of the City of
Huntington Beach, California, has recently
completed proceedings for the construction of
certain public improvements in what is known and
designated as
ASSESSMENT DISTRICT NO. 88-1
(hereinafter referred to as the "Assessment
District") , 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, with bonds to issue
under the terms and provisions of the
"Improvement Bond Act of 1915" , being Division 10
of said Code; and,
Assessments have been levied and bonds issued on
certain parcels of property and it is determined
that certain of the original parcels will be
divided, and requests and applications will be
made for the division of assessments on the
divided lots or parcels, all according to
provisions in said "Improvement Bond Act of
1915" ; and, '01
-1-
This legislative body is desirous of
establishing a reasonable fee for processing
applications for division of land assessment
in order to be reimbursed for the necessary
costs so incurred as set forth in said
"Improvement Bond Act of 1915" .
NOW, THEREFORE, IT IS HEREBY RESOLVED AS
FOLLOWS:
SECTION 1. That the above recitals are all true
and correct.
SECTION 2. That the following fee schedule is
hereby determined to be reasonable and
is an amount which will cover
reimbursement for the necessary costs
in processing applications for
divisions of land and assessment
pursuant to the "Improvement Bond Act
of 1915" , being Division 10 of the
Streets and Highways Code of the State
of California:
A. All applications for division of land
and assessment shall be accompanied by
a fee of $50.00 for each separate part
or parcel of land into which the
original lot or parcel has been divided.
B. If no application is filed, at the time
the Superintendent of Streets files the
amended assessment pursuant to order of
this legislative body, the fee is
determined to be $100.00 for each
separate part or parcel of land into
which the original lot or parcel has
been divided. Prior to making the
division, the Superintendent of Streets
shall notify the property owner as to
the costs for the apportionment. In
the event the costs are not paid within
fifteen (15) days of notification, the
Superintendent of Streets shall, in
preparing the amended assessment, show
separately thereon the amount of said
fee charged to each individual parcel.
The amount so charged shall then be
entered, if not paid, upon the
assessment roll and collected along
with the first installment of the
amended assessment.
SECTION 3 . That all fees so collected, either by
application or as an installment on the
assessment, are to be deposited in the
General Fund of the Treasury of this
Agency.
-2-
The oubli-c is- invited to attend and provide the City
Council with written and oral comments and ask questions
concerning proposed City' s Fees .
CONTACT PERSON: LOUIS SANDOVAL
Director of Public Works
2000 Main Street
Huntington Beach, CA 92648
Phone: (714) 536-5432 _
CITY OF HUNTINGTON BEACH
by: Connie Brockway, City Clerk
DATED: 9/14/89
-3-
CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
To LES EVANS From ART DELALOZA
CITY ENGINEER ACTING CITY ATTORNEY
Subject Date
NOTICE OF HEARING August 14, 1989
ASSESSMENT DISTRICT FEES
Att hed is the- above notice per your request. Please
co rdinate with City Clerk on timing etc.
ART DELALOZA
ACTING CITY ATTORNEY
cc: Connie Brockway, City Clerk
P8BL4C- 1R`I�( CE I PUBLIC NOTICE I PUBLIC.NOTICE
NOTICE OF PUBLIC HEARING
* CITY OF HUNTINGTON BEACH
REGARDING THE ESTABLISHMENT
OF A FEE FOR PROCESSING
DIVISIONS OF LAND WITHIN
ASSESSMENT DISTRICT 88-1
"RESERVOIR HILL ASSESSMENT DISTRICT"
Notice is hereby given that a public hearing will be held by the City Counci
M the City of Huntington Beach:
DATE:September 5, 1989
TIME:7:00 p.m.' (or as soon thereafter as possible)
PLACE: City Council Chambers, 2000 Main Street, City of Huntingtoi
Beach Civic Center
To consider the following Resolution:
RESOLUTION NO.6051
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTOP
BEACH: ESTABLISHING A FEE FOR PROCESSING LAND AN[
ASSESSMENT DIVISION APPLICATIONS PURSUANT TO THE PROVISION:
OF THE "IMPROVEMENT BOND ACT OF 1915", BEING DIVISION 10 Ol
THE STREETS AND.HIGHWAYS CODE OF THE STATE OF CALIFORNIA.
WHEREAS, the City Council of the City of Huntington Beach, California
nas recently completed proceedings for'the construction of certain public
mprovements in what is known and designated as
ASSESSMENT DISTRICT NO.88-1
(hereinafter referred to as the "Assessment District"), pursuant to thl
provisions of the Division 12 of the Streets and Highways Code of the State c
California, with bonds to issue under the terms and provisions of thi
Improvement Bond Act of 1915", being Division 10'of said Code;and,
Assessments have been levied and bonds issued on certain parcels c
property and it is determined that certain of the original parcels will bi
divided and requests and applications will be made for the division c
assessments on-the divided lots or.parcels,all according to provisions in sail
"Improvement Bond Act of 1915";and,
This legislative body is desirous of establishing a reasonable fee fo
processing applications for division of land assessment in order to bi
reimbursed .for the necessary costs so incurred as set forth in sah
"Improvement Bond Act of 1915".
NOW,THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1:That the above recitals are all true and correct.
SECTION 2. That the following fee schedule is hereby determined to b,
reasonable and is an "amount which will cover reimbursement for th.
necessary costs in processing applications for divisions of land any
assessment pursuant to the"Improvement Bond Act of 1915",being Divisioi
10 of the Streets and Highways Code of the State of California:
A. All applications for division of land and assessment shall be accom
panied by a fee of$50.00 for each separate part or parcel of land into whicl
the original lot or parcel has been divided.
B. If no application is filed,at the time the Superintendent of streets file
the amended assessment pursuant to order of this legislative body,the fee i
determined to be$100.00 for each separate part or parcel of land into whicl
the original lot or parcel has been divided. Prior to making the division,th,
Superintendent of Streets shall notify the property owner as to the costs fo
the appointment.Ih the event the costs are not paid within fifteen(15)days c
notification, the Superintendent of Streets shall, in preparing the amender
assessment,show separately thereon the amount of said fee charged to eacl
individual parcel.The amount so charged shall then be entered, if not paic
upon the assessment roll and collected along with the first installment of th.
amended assessment.
SECTION 3. That all fees so collected, either by application or as ai
installment on the assessment,are to be deposited in the General Fund of th
Treasury of this Agency.
The public is invited to attend and provide the City Council with written an,
oral comments and ask questions concerning proposed City's Fees.
CONTACT PERSON: LOUIS SANDOVAL
Director of Public Works
2000 Main Street
Huntington Beach,CA 92648
Phone:(714)536-5432
CITY OF HUNTINGTON BEACH
by.Connie Brockway,City Clerk
DATED:9/14/89
Published Oranae Coast Dailv Pilot Auqust 24, 1989 th70
.utholizeO to Publish Ad'+orLsoments Of all kinCs including pubt3r_
notices by,Decree Superior Court,ol Orange County,
CatjlOrnra. Number A-6214. dated 29 September. 1961. and
A-24031, dated 11 June. 1963.
STATE OF CALIFORNIA
County of Orange PutW twice Ao—v-w ca -sd
a yr arnoM a r w f powd
t0 oc.cokom.yes
am a Citizen of the Utyted States and a resident of _
the County aforesaid; I am over the age of eighteen
years. and not a- party to br interested in the below "
entitled matter. 1 am a principal clerk of the Orange
`Coast DAILY PILOL with which is combined the
NEWS-PRESS: a newspaper of general circulation.
printed and published in the City of Costa Mesa,
-County of Orange: -State of 1Califorrlia. and that a _
Notice of Publ i r- 14PAri ng -
of which copy attached hereto is a true and complete
COPY. was printed and published in the Costa Mesa.. _
Newport Beach, Huntington Beach. Fountain Valley,
Irvine, the South Coast communities and Laguna
Beach issues of said newspaper for 1 time
consecutive weeks to wit-the issue(s) of
Au6ust 24 , 198 9
198
198
198
i declare, under penalty of perjury, that the
foregoing is true and correct.
Executed on Aiigust 24 , egg 9
at Costa Mesa, California. .
0
Signature
P►?OOf OF nU..LICA T f0:!
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
October 18, 1989
Mr. William D. Holman
Project Manager
Huntington Beach Company
2120 Main Street #260
Huntington Beach, CA 92648-2499
Dear Mr. Holman:
The proposed Resolution No. 6064 (Reservoir Hill Assessment
District) will be considered at the continued Public Hearing
at the Huntington Beach City Council meeting to be held on
November 20, 1989.
Sincerely,
Connie Brockway, CMC
City Clerk
CB:pm
(Telephone:714-536-5227)
Huntington
Beach
Company BC:
2120 Main Street,'�260, Huntington Beach,California 92648-2499 (714)960-4351 FAX 714-969-3659
C- c
J
October 2, 1989 ,.,� :,;,
-4 rn
:s.._4 C7
r' r^m
Mr. Lou Sandoval, Director
Public Works Department
2000 Main Street
Huntington Beach, CA 92648
Resolution 6064 Land Division Fee
Reservoir Hill Assessment District
Dear Lou:
The Huntington Beach Company has reviewed proposed Resolution No. 6064, and
while we do not object to the payment of a fee to cover the City's cost of re-
apportioning assessments, we request that the resolution be redrafted to allow the
fees to be paid upon approval of the final record map, along with all other required
fees, rather than with the initial subdivision application.
We would appreciate your consideration of this amendment. Please call me if you
have any questions related to this request.
Very truly yours,
William D. Holman
Project Manager
WDH/j
cc: Paul Cook, City Administrator
Mike Adams, Community Development Director
REQUEST FOR CITY COUNCIL ACTION
Date Anoner 71, 1 ORA
Submitted to: Honorable Mayor and City Council
own P a �
Submitted by: Paul E. Cook, City Administrator j �Oh�
Prepared by: Louis F. Sandoval, Director of Public Works
9/i�/�9
Subject: /0/
RESOLUTION NO. 60 � ESTABLISHING A FEE FOR PROCESSING
ASSESSMENT DISTRICT LAND DIVISIONS OAJ /0
Consistent with Council Policy. k I Yes I I New Policy or Exception JhoA
Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,-Attachments:
STATEMENT OF ISSUE:
The City has continuing administrative duties to assure bonds issued in the Reservoir Hill
Assessment District are properly paid.
RECOMMENDATION:
Adopt Resolution No. 60(oq establishing a fee to offset the costs of respreading
assessments when land within the Reservoir Hill Assessment District is divided.
ANALYSIS:
On December 5, 1989, the City Council formed the Reservoir Hill Assessment District
(88-1) and imposed assessments on parcels within the district to pay for construction of
water lines. As subdivisions within the district are approved, assessments must be
respread, bondholders notified and amended assessments and maps filed with the County
Auditor. For the past eight months, City staff has been providing this service at no cost
to the developer. With the possibility that many new subdivisions will be approved in the
next few years, staff feels that it would be appropriate to establish a fee for respreading
and recording assessments.
FUNDING SOURCE:
Personnel costs offset by revenue to the General Fund.
ALTERNATIVE ACTION:
Do not adopt fees and continue to provide the assessment respreading at no cost to the
developer.
ATTACHMENTS:
Resolution.
10,09
P10 5/85
CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
To Bob Franz From Betty Tate
.Deputy City Administrator Deputy City Clerk
Subject ASSESSMENT DISTRICTS Date November 17, 1989
We are transmitting this request for information regarding
assessment districts for your response. The only assessment
district we are aware of is the Reservoir Hill Assessment
District.
LAW OFFICES
PALMIERI, TYLER, WIENER, WILHELM & WALDRON
A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
TELECOPIER (714) 851-1554 WRITER'S DIRECT
4000 MAC ARTHUR BOULEVARD
DIAL NUMBER
TELEX: 5106016110 -
EAST TOWER - SUITE 1000
P. O. BOX 8090
NEWPORT BEACH. CALIFORNIA 92660
(714) 851-9400
REFER TO FILE NO.
November 7, 1989
City of Huntington Beach
City Clerk
2000 Main Street
P.O. Box 190
Huntington Beach, CA 92648
Re: Assessment Districts 1989-90 Tax Year
Dear Sir or Madam:
We are in the process of updating our master file on special
districts and special assessment districts. In connection with
the Department of Real Estate we are required to provide a written
response to the questions and provide any documentation set forth
in the enclosed form 624C. The Department of Real Estate has
agreed 624C's need only be renewed yearly or when additional
funding is expected. It is not necessary to complete a 624C for a
fully funded district, but a letter listing the district is
required. Please include all of your districts which are
currently subject to the tax or will be in the upcoming year. You
may provide your response in letter form if preferred. Please
direct your response to me at the above address.
If you have any questions with regard to this request, I can
be reached at (714) 851-9400. Thank you for your assistance in
this matter.
Very truly yours,
Stacey Roche
Legal Assistant
Enclosures
We have referred this to Mr. Franz, Administrative Services Director, 536-5236.
STATE OF CALIFORNIA . . DEPARTMENT OF REAL ESTATE
SUBDIVISIONS
SPECIAL DISTRICT & SPECIAL ASSESSMENT DISTRICT
RE 624C(Rev.3/89)
Name of Special District
Special District Located In: (city/county)
Purpose of District(describe)
Will bond or assessment be paid in full prior to close of any sales escrows and property
conveyed free and clear of lien? ............................................................... ❑ Yes ❑ No
If YES, answer"N/A"to the remainder of this questionnaire and provide that no escrow
will close Until the lot/unit is free and clear of this bond or assessment.
Have the bonds been issued? ..................................................................... ❑ Yes ❑ No ❑ N/A
What is the total amount of the bonds issued/to be issued? ................................. S
What will be the term (in years)of the bonds? ................................................ (years)
fi What is the current or anticipated tax rate required to finance the repayment of the issued
bonds and, if applicable, authorized but unissued bonds? ....................................
❖ Is it anticipated there will be a tax rate increase in the future? .............................. Cl Yes ❑ No ❑ N/A
If YES,what is the maximum future tax rate likely to be required to finance the repayment
ofbonds? ..........................................................................................
❖ List any other information that you believe is important to disclose to lot/unit purchasers
concerning the district.
Completed By Date
Title Telephone Number
I
STATE OF CALIFORNIA DEPARTMENT OF REAL ESTATE
SUBDIVISIONS
SPECIAL DISTRICT & SPECIAL ASSESSMENT DISTRICT
RE 624C(Rev.3/89)
Name of Special District
Special District Located In: (city/county)
Purpose of District(describe)
Will bond or assessment be paid in full prior to close of any sales escrows and property
conveyed free and clear of lien? ............................................................... ❑ Yes ❑ No
If YES, answer"N/A"to the remainder of this questionnaire and provide that no escrow
will close until the lot/w-it is free and clear of this bond or assessment.
Have the bonds been issued? ..................................................................... ❑ Yes ❑ No ❑ N/A
What is the total amount of the bonds issued/to be issued? ................................. $
What will be the term (in years)of the bonds? ................................................ (years)
? What is the current or anticipated tax rate required to finance the repayment of the issued
bonds and, if applicable, authorized but unissued bonds? ....................................
Is it anticipated there will be a tax rate increase in the future? ..................... ❑ Yes ❑ No ❑ N/A
If YES,what is the maximum future tax rate likely to be required to finance the repayment
ofbonds? ..........................................................................................
❖ List any other information that you believe is important to disclose to lot/unit purchasers
concerning the district.
Completed By Date
Title Telephone Number
Page 4 - 11/20/89 - )uncil/Agency.Agenda (4)
D-2 . (City Council) PUBLIC HEARING - FEE FOR PROCESSING
DIVISIONS OF LAND WITHIN ASSESSMENT DISTRICT 88-1 -
(RESERVOIR HILL ASSESSMENT DISTRICT) - RESOLUTION NO. 6064
Public hearing opened on 9/5/89 to consider Resolution
(PUBLIC No. 6064 - "A RESOLUTION OF THE CITY COUNCIL OF THE
HEARING CITY OF HUNTINGTON BEACH ESTABLISHING A FEE FOR PROCESSING
CONT. LAND AND ASSESSMENT DIVISION APPLICATIONS PURSUANT TO THE
OPEN PROVISIONS OF THE ' IMPROVEMENT BOND ACT OF 1915 ' , BEING
FROM DIVISION 10 OF THE STREETS AND HIGHWAYS CODE OF THE STATE
10/16/89) STATE OF CALIFORNIA. "
The following fee schedule is an amount which will cover
reimbursement for the necessary costs in processing
applications for divisions of land and assessment pursuant
to the "Improvement Bond Act of 1915" , being Division 10 of
the Streets and Highways Code of the State of California :
All applications for division of land and assessment are
$50 . 00 for each separate part or parcel of land into which
the original lot or parcel has been divided . If no
application is filed, at the time the Superintendent of
Streets files the amended assessment pursuant to order of
this legislative body, the fee is determined to be $100 . 00
for each separate part or parcel of land into which the
original lot or parcel has been divided . Prior to making
the division, the Superintendent of ,Streets shall notify the
property owner as to the costs for the apportionment .
If costs are not paid within fifteen ( 15) days of
notification, the Superintendent of Streets shall , in
preparing the amended assessment , show separately thereon
the amount of said fee charged to each individual parcel .
The amount so charged shall then be entered, if not paid,
upon the assessment roll and collected along with the first
installment of the amended assessment .
That all fees so collected, either by application or as an
installment on the Assessment , are to be deposited in the
General Fund of the Treasury of this Agency.
Communication dated 10/2/89 from Huntington Beach Company
requesting said resolution be revised to allow fees to be
paid upon approval of the final record map along with all
other required fees rather than with the initial subdivision
application.
RECOMMENDED ACTION:
(4) (11/20/89)
REQUES FOR CITY COUNCIL ACTION
Date August 11, 1987
Submitted to: Honorable Mayor and City Council
Submitted by: Charles W. Thompson, City Administrator
Prepared by: Paul E. Cook, Director of Public Workk�
Subject: Special Counsel for Reservoir Hill Assessment Di a
Consistent with Council Policy? [X] Yes [ ] New Policy or Exce i
Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments:
STATEMENT OF ISSUE:
Special Counsel is required to provide legal services for the proposed Reservoir Hill
Assessment District.
RECOMMENDATION:
Authorize the City Attorney to request proposals for legal services for the proposed
Reservoir Hill Assessment District.
ANALYSIS:
The Water Division of the Public Works Department is pursuing an assessment district for
the construction of water facilities in the Goldenwest-Garfield area. The area within the
proposed district has inadequate water service and is presently undevelopable without
private systems to boost water pressure. The major property owner within the project
area (Huntington Beach Company) is in favor of the project. The share of district costs
which would be spread to existing homes in Tracts 6453, 7421 and 7656 are recommended
to be borne by City water funds. All affected property owners have received preliminary
notice of a proposed district and were invited to an information meeting in 1984. No
protests are anticipated. In order to prepare resolutions, notices, bond forms, etc., the
services of Special Counsel are in order. The water facilities are presently being designed
by a consulting engineer.
FUNDING SOURCE:
Account 920901 = $20,000.00 (Water Contingency Fund)
To be reimbursed by the Assessment District.
ALTERNATIVE ACTIONS:
1. Proceed with in-house counsel.
2. Terminate Assessment District proceedings.
ATTACHMENTS:
Assessment District Boundary Map (proposed).
1
NO 5/85
f
c, �� •\
rs, Py \
o�
A CITY OF
I HUNTING f ON Bt•:A.CH
\�J `HATER DIVISION
RESERVOIR HILL WATER
IMPROVEMENT DISTRICT
LEGEND
----- BOUNDARY OF
IMPROVEMENT DISTRICT
0L 5000� -11000� 2COO
TRANSCRIPT OF WE PROCEEDINGS
CITY OF HUATPINZON BEACH
ASSESSMENT DISTRICT NO. 88-1
(RESERVOIR HILL)
LIMITED OBLIGATION IIPROVEMENT BONDS
ASSESSMENT DISTRICT PROCEEDINGS AND RELATED DOCUMENTS
1. Resolution No. 5923; A Resolution of the City Council of the City of
Huntignton Beach Making Findings on Petition Relating to Special
Assessment District No. 88-1 (Reservoir Hill).
2. ,Resolution No. 5924; A Resolution of the City Council of the City of
Huntington Beach Making Appointments to Assessment District No. 88-1
(Reservoir Hill).
3. Resolution No. 5925; A Resolution of the City Council of the City of
Huntington Beach Adopting a Map Showing Proposed Boundaries of Assessment
District No. 88-1 (Reservoir Hill).
4. 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, or 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).
5. Resolution No. 5936; A Resolution of the City Council of the City of
Huntington Beach Passing on the "Report" of the Engineer, Giving
Preliminary Approval, and Setting a Time and Place for Public Hearing.
6. Resolution No. 5937; A Resolution of the City Council of the City of
Huntington Beach Referencing Prevailing Wage Scale and Directing Call for
Construction Bids.
7. Resolution No. 5938; A Resolution of the City Council of the City of.
Huntington Beach Requesting Proposal for Sale of Bonds to Represent Unpaid
Assessments Upon Lands in an Assessment District.
8. Resolution No. 5959;' A Resolution of the City Council of the City of
Huntington Beach Ordering Certain Changes and Modifications to the
Engineer's Report in a Special Assessment District.
9. Resolution No. 5960; A Resolution of the City Council of the City of
Huntington Beach Overruling and Denying Protests and Making Certain
Findings in a Special Assessment District.
10. Resolution No. 5961; A Resolution of the City Council of the City of
Huntington Beach Confirming the Assessment, Ordering the Improvements
Made, Together with Appurtenances, and Approving the Engineer's "Report"
' - Related to Assessment District No. 88-1.
11. Resolution No. 5970; A Resolution of the City Council of the City of
Huntington Beach, California, Authorizing Issuance of Bonds, Approving
Bond Indenture and Preliminary Official Statement for a Special Assessment
District.
12. Resoltion No. 5971 ; A Resolution of the City Council of the City of
Huntington Beach Accepting Proposal for Sale of Bonds and Providing for
the Establishment of a Redemption Fund.
13. Resolution No. 5972; A Resolution of the City Council of the City of
Huntington Beach Awarding the Contract for the Construction of Certain
Public Works of Improvement in a Special Assessment District.
14. Certificates of Compliance with Notice Requirements and Related
Documents.
15. Notice of Determination.
BOND DOCUMENTS
16. Specimen Bond.
17. Bond Indenture.
18. Receipt for Purchase Price.
19. Receipt for Bonds.
20. Preliminary Official Statement.
21 . Final Official Statement.
22. Purchase Contract.
23. IRS Form 8038-G.
CLOSING CERTIFICATES AND DOCUMENTS
24. Signature and No-Litigation Certificate.
25. Non-Arbitrage Certificate.
26. Underwriter's Closing Certificate.
27. Instructions to Fiscal Agent.
28. Certificate of Fiscal Agent.
OPINION
29. Final Legal Opinion.
30. Supplemental Legal Opinion.
31. Reliance Letter.
R
RESOLUTION NO. 5923
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH MAKING FINDINGS ON PETITION
RELATING TO SPECIAL ASSESSMENT DISTRICT NO. 88-1
(RESERVOIR HILL )
WHEREAS, the City Council of the City of Huntington Beach
has been presented by certain property owners an executed
Petition requesting the construction of certain ' public
improvements, together with appurtenances and appurtenant work
in connection therewith, said improvements to be constructed
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, in a special
assessment district known and designated as Assessment District
No . 68-1 (Reservoir Hill ) , (hereinafter referred to as the
"Assessment District" ) ; and
It has been reported that said petition contains the
signatures of more than sixty percent (60% ) of the property
owners of the assesable area of the property to be subject to
assessment for the proposed works of improvement . Said Petition
meets the requirements of Section 2804 of Division 4 of the
Streets and Highways Code of the State of California .
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of
the City of Huntington Beach as follows:
Section 1 . That the above recitals are all true and
correct .
Section 2 . That it is hereby found that said petition
has been signed by owners owning land constituting more than
sixty percent (60% ) of all assessable land within the boundaries
of the proposed Assessment District .
Section 3 . That said Petition shall be filed with the
transcript of these proceedings and shall remain open to public
inspection
Section 4 . That said Petition meets the requirements of
Section 2804 of Division 4 of the Streets and Highways Code of
the State of California, and further- proceedings and limitations
under the provisions of the "Special Assessment Investigation,
Limitation and Majority Protest Act of 1931" shall not be
. applicable to these proceedings .
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 or
ATTEST: AP VED AS TO FORM:
City Clerk CIty Attorn y ;; ;����,
REVIEWED AND APP VED: I ITIATED A D A(6i7ED:
i
n
4&'Y Aamini/stra or Director of Public Works
b c
2 -
• - Re' No. 5923
i
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
.s .
NOES: Councilmembers:
Erskine, Bannister
ABSENT: Councilmembers:
None
• Gam`
City Clerk and ex-o fici C erk
of the City Council of the City
of Huntington Beach, California
The foregoing instrumentis a correct
Copy of the:original on file in this office.
MW I� � 9
ONNIF BRnr� =t►9 y
City clerk and Ex-officio.Clerk of the City
CWncA of the City of.Huntineon Beach,
Cal.
�► � ~- � -�_� Deputy
RESOLUTION NO. 5924
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH MAKING APPOINTMENTS TO ASSESSMENT
DISTRICT NO. 88-1 (RESERVOIR HILL)
WHEREAS, the City Council of the City of Huntington Beach is
considering the formation of a special assessment district,
pursuant to the terms and provisions of the "Municipal
Improvement Act of 191311 , being Division 12 of the Streets and
Highways Code of the State of California, for the construction
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.
88-1 (Reservoir Hill ) , (hereinafter referred to as the
"Assessment District" ) ; and
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, IT IS HEREBY RESOLVED by the City Council of
the City of Huntington Beach as follows:
Section 1 . That the above recitals are all true and
correct .
Section 2 . That the City Engineer 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-.
- 1 -
Section 3 . That the place for recordation of the
assessment roll and diagram shall be in the Office of the
Superintendent of Streets, and said assessment roll and diagram,
upon recordation, shall be kept as a permanent record .
Section 4 . That the Daily Pilot is hereby designated as
the newspaper for all publications as required by law and as
necessary for completion of this Assessment District .
Section 5 . That Black & Veatch is hereby appointed the
Engineer of Work and Assessment Engineer for said proceedings,
and shall perform all of the duties and responsibilities as set
forth by law as they relate to said Assessment District . .
Section 6 . That Brown & Diven, Attorneys at Law, are
hereby appointed to act as Bond Counsel for the purposes of
preparing proceedings and issuing an approving opinion attesting
to the validity of the proceedings and the enforceability of the
bonds .
PAGE END
- 2 -
Section 7 . That Fie.ldman, Rolapp & Associates is hereby
appointed as Financial Consultant and appointed to interview
underwriters and investors for the purposes of selling the bonds
to be issued in order to finance said proceedings, and said
bonds are to be issued 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, pursuant
to the terms and conditions of the Agreement for Financial
Consultant Services submitted herewith , which Agreement is
hereby accepted and authorized for execution.
Section 8 . 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 available
source may be transferred into said special fund . Any funds
transferred are a loan to the fund and shall be repaid out of
PAGE END
3 -
th- proceeds of the sale of bonds, including authorized
incidental expenses, as well as costs for the construction 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 .
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 or
ATTEST: APPROVED AS TO FORM:
City Clerk City A torney vwlssy-) 'D REV AND A P VED: INITIATED AND APPROVED:
City Administr for Directo of Public Works
I be
4 -
Re, No. 5924
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-offic o Clerk
of the City Council of the City
The foregoing instrument is a correct of Huntington Beach, California
COPY of the original on'file in this office.
Attest y- 19�
ON _
City Clerk and Ex-officio Clerk—ol the City
Council of the Clty of Huntington Beach,
Cal. _
Deputy
y
RESOLUTION NO. 5925
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH ADOPTING A MAP SHOWING PROPOSED
BOUNDARIES OF ASSESSMENT DISTRICT NO. 88-1
(RESERVOIR HILL )
WHEREAS, the City Council of the City of Huntingtop Beach
has been presented and has received a map showing and describing
the boundaries of the area proposed to be assessed in an
assessment district under the provisions and authority of the
"Municipal Improvement Act of 1913" , being Division . 12 of the
Streets and Highways Code of the .-State of California; said
assessment district known and designated as Assessment District
No. 88-1 (Reservoir Hill) , (hereinafter referred to as the
"Assessment District" ) .
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of
the City of Huntington Beach as follows:
Section 1 . That the above recitals are all true and
correct .
Section 2 . That a map of the Assessment District showing
the boundaries of the proposed Assessment District and lands and
property to be assessed to pay the costs and expenses of the
proposed improvements designated as "Proposed Boundaries of
Assessment District No. 88-1 (Reservoir Hill ) " is hereby
submitted, and the same is hereby approved and adopted .
Section 3 . That the original map of said proposed .
boundaries of the proposed Assessment District, and one copy
thereof, is to be filed in the Office of the City Clerk .
Section 4 . A certificate shall be endorsed on the
original and on at least one copy of the map of the Assessment
District , evidencing the date and adoption of this Resolution,
and within fifteen ( 15 ) days after the adoption of the
Resolution fixing the time and place of hearing on the formation
or extent of said Assessment District . A copy of said map shall
be filed with .the correct and proper endorsements thereon with
the County Recorder , all in the manner and form provided for in
- 1 -
Section 31.11 of the Streets and Highways Code of the State of
s California .
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 .
ATTEST: AP ED AS TO FORM:
C 1 t y C erk Attorn �.
REVIEWED AID IPPROVED: IN TIATED AN APPROVED:
City Adnist�rator � � Director f Public Works
be
2 -
Rf No, 5925
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
iof 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-officio Clerk
of the City Council of the City
of Huntington Beach, California
The foregoing instrument is a correct
copy of the original on file in.this office.
Attest �� !2 19
CON
City Clerk and Ex-officio Cler c of the City
Council of the Clty of Huntington Beach,
Gal.
Deputy
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, OR 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. 88-11 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
- 1 -
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
2 -
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;
3 -
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 .
4 -
Section 4 . 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 -
15-13" , 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 -
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 -
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 1931" .
PAGE END
8 -
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:
01K .Or
1 �
City Clerk y A _orn y
=-*
R WE rAN A ED• I ITIATED APPR
4.
City Adminis ra or Director of Public Works
9 -
RP 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
foregoing instrument is a correct
Copy of.the original on file-in this office.
Attest 2= 19�
CON
City Clerk and Ex-officio Clerk o the�Cityv
Council.of the Clty of Huntington-Beach,
CaL
By Deputy
RESOLUTION NO. 5936
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH PASSING ON THE "REPORT"
OF THE ENGINEER, GIVING PRELIMINARY APPROVAL,
AND SETTING A TIME AND PLACE FOR PUBLIC HEARING
WHEREAS, the City Council of the City of Huntington Beach,
has instituted proceedings for the construction of certain
public works of improvements and appurtenances under provisions
of the "Municipal Improvement Act of 1913" , being Division 12 of
the Streets and Highways Code of the State of. California, in a
special assessment district known and designated as Assessment
District No. 88-1 (Reservoir Hill, hereinafter referred to . as
the "Assessment District" ) ; and
There has been prepared and filed with the legislative body
a "Report" provided for in §§ 10203 and 10204 of the Streets and
i Highways Code of the State. of California, and this "Report" has
been presented for consideration; and
A Resolution of Intention for this improvement was
previously adopted by the legislative body, and the "Report" as
now presented shall stand as the "Report" for the purpose of
subsequent proceedings hereunder .
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of.
the City of Huntington Beach as follows:
SECTION ' l .' That the above recitals are all true and
correct .
SECTION 2 . That the "Report" of the Engineer referred to
hereinabove is considered adopted, passed upon, and
preliminarily approved, as follows :
�J
1 _ 5936
A. That the plans and specifications for the proposed
improvements to be made, contained in said "Report" be,
and they are hereby preliminarily approved and adopted;
B. That the Engineer ' s- estimate of the itemized and
total costs and expenses of said acquisition, where
necessary, and improvements, and of the incidental
expenses in connection therewith, contained in said
"Report" , be, and each of them are hereby preliminarily
approved and adopted;
C . That the diagram showing the Assessment District
referred to and described in said Resolution of
Intention, and also 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 said Resolution of Intention, each of
which subdivisions have been given a separate number
upon said diagram, as contained in said "Report" , be,
and it is hereby preliminarily approved and adopted;
D. That the proposed assessment upon the several
subdivisions of land in said Assessment District, in
proportion to the estimated benefits to be received by
such subdivisions, respectively, from said acquisition
and improvements, and of the incidental expenses
thereof, as contained in said "Report" , be, and they
are hereby preliminarily approved and adopted;
l E. That the maps and descriptions of the lands and
easements to be acquired, as contained in said
"Report" be, and the same are hereby preliminarily
_ 2 _ 5936
approved.
SECTION 3 . That said "Report" shall stand as the
Engineer ' s "Report" for the purpose of all subsequent
proceedings had pursuant to said Resolution of Intention.
SECTION 4 . NOTICE IS HEREBY GIVEN THAT ON MONDAY, THE
5TH DAY OF DECEMBER, 1988, AT THE. HOUR OF 7 :00 O'CLOCK P.M. , IN
THE REGULAR MEETING PLACE OF THIS LEGISLATIVE BODY, BEING THE
COUNCIL CHAMBERS, CITY HALL, ANY AND ALL PERSONS HAVING ANY
OBJECTIONS TO THE PROPOSED WORK, OR ASSESSMENT, OR EXTENT OF THE
ASSESSMENT DISTRICT, OR TO THE PROPOSED GRADES, MAY APPEAR AND
SHOW CAUSE WHY SAID WORK SHOULD NOT BE DONE OR CARRIED OUT IN
ACCORDANCE WITH THE RESOLUTION OF INTENTION AND THE "REPORT" OF
THE ENGINEER. PROTESTS MUST BE IN WRITING AND MUST BE DELIVERED
TO THE CITY CLERK AT OR BEFORE THE TIME SET FOR THE PUBLIC
HEARING.
SECTION 5. That the City Clerk is hereby directed to
give notice of said Public Hearing by causing to be
conspicuously posted on all open streets within the Assessment
District, not more than 300 feet apart on each street so posted,
but not less than 3 in all, notice of the passage of the
Resolution of Intention and of this Resolution,' • all in
accordance with the provisions of said Division 12 .
SECTION 6. That the City Clerk is hereby directed to
give notice of said public Hearing and of the passage of the
Resolution of Intention and this Resolution by causing such
notice to be published in accordance with 5 6066 of the
Government Code, in the newspaper previously designated as the
newspaper for all publications as required by law and as
3 - 5936
• y
necessary for completion of this Assessment District .
SECTION 7. That the City Clerk is hereby directed to
mail notice of said Public Hearing and the adoption of the
Resolution of Intention and of the filing of the "Report" to all
persons owning real property proposed to be assessed, whose
names and addresses appear on the last equalized assessment roll
for County taxes prior thereto, or as known to said City Clerk,
and to all other persons as prescribed in accordance with the
provisions of said Division 12 .
SECTION 8. That the City Clerk is hereby further
directed to file a copy of the proposed boundary map in the
Office of the County recorder within fifteen ( 15 ) days of the
adoption of the proposed boundary map, said boundary map to be
in the manner and form as set forth in Division 4 .5 of the
Streets and Highways Code of the State of California.
PASSED AND ADOPTED at a regular meeting of the City Council
of the City of Huntington Beach on the 24th day
of October 1988 .
M or
ATTEST: AP VED AS TO FORM:
City Clerk C' t Attorney Q. kZ-15-7
46-/a -W
REVIEWED AND APPROVED: INITIATED AND APPROVED:
S
City Administrator Director of Public Works
be
4 5936
Res, No. 5936
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 24th day
of October 19 88 by the following vote:
AYES: Councilmembers:
Kelly, Green, Finley, Erskine, Mays, Winchell
i
i
j
NOES: Councilmembers:
Bannister
j ABSENT: Councilmembers:
None
City Clerk and ex-.off' io Clerk
of the City Council o the City
of Huntington Beach, California
The foregoing instrument Is a correct
COPY of the original on file in this office.
Attest ,I J.211 19,M
City Cleik and Ex-officio Clerk.of the City
Council of the City of Huntington Beach, -
California.
BY 4a i.��i�o�.�a„ Deputy
� � ~ 5936
RESOLUTION NO. 5937
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH REFERENCING PREVAILING WAGE SCALE
AND DIRECTING CALL FOR CONSTRUCTION BIDS
WHEREAS, the City Council of the City of Huntington Beach
has. heretofore instituted proceedings under the provisions of
the "Municipal Improvement Act of 1913" , being Division 12 of
the Streets and Highways Code of the State of California, for
the construction of certain public works of improvement in a
special assessment district known and designated as Assessment
District No . 88-1 (Reservoir Hill, hereinafter referred to as
the "Assessment District" ) ; and
At this time there have been submitted for final review the
plans and specifications for the works of improvement for the
Assessment District; and
It is the intention of the legislative body to also call for
sealed proposals or bids for the doing of said work and
improvements in said Assessment District; and
It is necessary to determine the prevailing rate of wages
for the various classifications of workmen required in the
performance of said work.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of
the City of Huntington Beach as follows:
SECTION "l . That the above recitals are true and correct .
SECTION' 2 . That the plans and specifications for the
works if improvement in the Assessment District are hereby
i approved and authorized for bidding.
SECTION 3 . That it is hereby determined and ascertained
that the general prevailing rate of per diem wages in the
1 - 5937
locality in which said work described is to be performed in the
` manner of the construction of certain public works of
improvement, together with appurtenances, in the Assessment
District, under the provisions of the "Municipal Improvement Act
of 1913" , being Division 12 of the Streets and Highways Code of
the State of california, for each craft or type of workman or
mechanic needed to execute the contract, and also the general
prevailing rate for legal holiday and overtime work of each
s
craft or type of workman or mechanic, is in accordance with the
schedule obtained. from the Director of Industrial Relations,
pursuant to the provisions of Section 1773 of the Labor Code of
the State of California, and reference is hereby made to copies
thereof on file with the transcript of these proceedings, which
said copies are available to any interested party upon request.
Further a copy shall be posted at each job site during the
course of construction.
SECTION 4 . That the proposals or bids shall be opened
and examined at a public meeting so called; and said ' results of
the biding shall be reported at the next regular meeting of this
legislative body after the opening of the bids .
SECTION 5. That the terms and conditions for bidding on
the works of improvement for this Assessment District are as set
forth in full in the Bid Documents in the specifications as
previously approved . Reference is hereby made to said Bid
Documents heretofore approved and identified as "NOTICE INVITING
-1 SEALED PROPOSALS, ASSESSMENT DISTRICT NO. 88-1 (RESERVOIR
HILL) " . For all particulars as to bidding, the Notice Inviting
Sealed proposals above referenced and all incorporated documents
5937
- 2 -
and laws , including but not limited to the "Municipal
:. I Improvement Act of 1913" shall control.
SECTION 6 . That it is hereby determined that in the
event the contractor, contracting owners included, does not
complete the work within the time limit specified in the
contract or within the time limit as shall be authorized, the
contractor or, contracting owners, as the case may be, shall pay
as liquidated damages the amount or amounts as set forth in the
specifications for the project, said amounts herein referenced
and so incorporated. That it is impractical to determine the
actual damage which ill be sustained by reason of such delay,
but that the stated sum is a reasonable amount for said
liquidated . damages and is not being imposed as a penalty.
PASSED AND ADOPTED at a regular meeting of the City Council
I of the City of Huntington Beach on the 24th day
of October , 1988 .
Ma or
ATTEST: APPROVED AS TO FORM:
City Clerk Cit Attorney(Q!��v)�2-��
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Administrator Director of Public Works
be
_ 3 _ 5937
Res. No. 5937
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) s9:
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 24th day
of October 19 88 by the following vote:
AYES: Councilmembers:
Kelly, Green, Finley, Erskine, Mays, Winchell
NOES: Councilmembers:
Bannister
ABSENT: Councilmembers:
None
City Clerk and ex-officio 97erk
of the City Council of the City
of Huntington Beach, California
The foregoing instrument is a -correct
copy of the original on file in this office.
Attest 1912
City Clerk and Ex-officio Clerk of the City
Council of the City of Huntington Beach,
California. .
6y putt' 5937
RESOLUTION NO. 5938
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH REQUESTING PROPOSAL FOR SALE OF
BONDS TO REPRESENT UNPAID ASSESSMENTS UPON LANDS
IN AN ASSESSMENT DISTRICT
WHEREAS, the City Council of the City of Huntington Beach in
accordance with 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, and pursuant to its
Resolution of Intention previously adopted,has initiated
proceedings for the construction of certain public works of
improvement, together with acquisition, where necessary, and
appurtenances, in a spebial assessment district known and
designated as Assessment District No. 88-1 (Reservoir
Hill,hereinafter referred to as the "Assessment District" ) ; and
It has been determined that serial bonds representing unpaid
assessments against private property shall be issued pursuant to
and as set forth in the "Improvement Bond Act of 1915", being
Division 10 of the Streets and Highways Code of the State of
California; and
At this time this legislative body is desirous to request
the solicitation of a proposal for the sale of bonds for
purposes of financing the works of improvement as proposed for
construction in this Assessment District .
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of
the City of Huntington Beach as follows:
SECTION 1 . That the above recitals are all true and
correct .
1 - 5938
SECTION 2 . That the Financial Consultant, Fieldman,
lRolapp & Associates is hereby authorized to formally request and
solicit a proposal from Stone & Youngberg relating to the sale
of bonds to issue to represent unpaid assessments against the
privately owned property within the boundaries of the Assessment
District, said bonds to be issued pursuant to the provisions of
the "Improvement Bond Act of 191511 , being Division 10 of the
Streets and Highways Code of the State of California. The
interest rate on said bonds shall not exceed the current legal
maximum rate of twelve percent ( 12%) per annum. Said bonds
shall be issued pursuant to the terms and conditions as set
forth in the Resolution of Intention as previously adopted for
these proceedings.
SECTION 3 . That there will be furnished the legal
opinion of Brown & Diven, Attorneys at Law, approving the
legality of the proceedings and the issuance of sad bonds .
SECTION 4 . That in the event of any delinquency in the
payment of any installment of an assessment, it is hereby
covenanted with the holder of the bonds that this legislative
body will cause to be commenced and thereafter diligently
prosecuted, judicial foreclosure proceedings upon all delinquent
unpaid assessments within one hundred fifty (150 ) days following
any delinquency. It is further hereby ordered that an
investigation be initiated as soon as possible each year to
PAGE END
2 - 5938
determine all tax delinquencies on all properties within the
boundaries of the above referenced Assessment District .
PASSED AND ADOPTED at a regular meeting. of the City Council
of the City of Huntington Beach on the 24th day
of October , 1988 .
M or
ATTEST: APPROVED AS TO FORM:
CityClerk � t A torney L��-\�-�'Z�n
6 -i i�C a
REVIEWED AND APPROVED: INITIATED AND APPROVED:
Z 0
4- 4r & 2*,..
City Administrator Director of Public Works
be
3 - 5938
Res. No. 5938
STATE OF CALIFORNIA )
j 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 24th day
of October 19 88 by the following vote:
AYES: Councilmembers:
Kelly, Green, Finley, Erskine, Mays, Winchell
NOES: Councilmembers:
Bannister
ABSENT: Councilmembers:
None
City- Clerk and ex-officio Werk
of the City Council of the City
of Huntington Beach, California
The foregoing instrument is a correct ,
copy of the original on file il this office.
Attest,",_,_ 19�
City Clerk and Ex•officio Clerk of the City
Council of the City of Huntington Beach,
California.
By & 6' eputy 5938
RESOLUTION NO. 5959
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTIN.GTON BEACH ORDERING CERTAIN CHANGES AND
MODIFICATIONS TO THE ENGINEER'S REPORT IN A
SPECIAL ASSESSMENT DISTRICT
WHEREAS, the City Council of the City of Huntington Beach
has previously adopted its Resolution of . Intention 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, for the construction of certain works of improvement
in a special assessment district known and designated as
Assessment District No . 88-1 (Reservoir Hill) hereinafter
referred to as the "Assessment District; " and
Based upon the presentation and recommendations of staff and
1 available documentation, it now appears that the changes and
1 modifications as set forth in the amended assessment roll, as
presented herein, should be approved and ordered to be done.
NOW, THEREFORE, it is hereby resolved as follows :
SECTION 1 . That the above recitals are all true and
correct .
SECTION 2 . That all changes and modifications as set
forth in the final assessment roll and Engineer 's Report as
herewith submitted are hereby ordered and authorized to be
made . For all particulars, reference is made to said "Report"
as herein approved, a copy of which will remain on file with the ,
transcript of these proceedings and open for public inspection .
SECTION 3 . That the Engineer 's Report, the Assessment
Roll, and all related documentation, as so modified, are for the
_1_ 5959
i
best interests of the property owners within the Assessment
IDistrict, and said assessment, as modified, is in accordance
with the benefits received, and the Report, as herein modified
and amended, shall stand as the Report for all subsequent
proceedings relating to this Assessment District .
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 5th
day of December 1988 .
Mayor
ATTEST: APPROVED AS TO FORM:
46*40�"- A -
City Clerk ��� City Attorney
REVIEWED AND APPROVED INITIATED AND APPROVED:
Gum- 43� 4� -�- 6
City AdministptorR Director, Public Works
11--rL�'Jj--gQS
�J
sg
_2_ 5959
Res. No. 5959
STATE OF CALIFORNIA
COUNTY OF ORANGE ; ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, the duly elected, 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 5th day
of December 19 gg , by the following vote:
AYES: Councilmembers:
MacAllister. Green. Winchell , Bannister, Mays, Silva, Erskine
NOES: Councilmembers:
None
ABSENT: Councilmembers:
None
My Clerk and ex-o icy er
of the City Council of the City
of Huntington Beach, California
The foregoing instrument is a correct
copy of the original on file in this office.
Attest1l�19q
City Clerk and Ex-officio Clerk 01 th t City
Council of the City of Huntington Beach,
California. 5959
By Deputy
RESOLUTION NO. 5960
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH OVERRULING AND
DENYING PROTESTS AND MAKING CERTAIN FINDINGS
IN A SPECIAL ASSESSMENT DISTRICT
WHEREAS, the City Council of the City of Huntington Beach
has, by resolution, declared its intention to order the
construction of certain public works .of improvement, 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, in a special assessment district known
i
and designated as Assessment District No. 88-1 (Reservoir Hill)
hereinafter referred to as the "Assessment District; " and,
Certain owners of property liable to be assessed for
improvements have filed written protests or objections and
delivered the same to the City Clerk not later than the hour
set for hearing such objections; and
At the time set for said public hearing, all protests and
objections were duly heard and considered, and all matters as
to the method and formula of the assessment spread and the
determination as to whether or not the property did receive a
benefit and whether the assessments were apportioned in
accordance to benefit were heard and considered .
NOW, THtREFORE, it is hereby resolved as follows :
SECTION 1 . That the above recitals are all true and
correct .
= SECTION 2 . That the public hearing on the Assessment
District is hereby closed .
-1-
SECTION 3 . That all protests and objections of every
kind and nature be, and the same hereby are, overruled and
denied, and it is further determined that said protests and
objections are made by the owners of less than one-half (1/2 )
of the area of property to be assessed for said improvements
within said Assessment District .
SECTION 4 . That is hereby further determined that all
properties within the boundaries of the Assessment District
receive a local and direct benefit from the works of
improvement as proposed for said Assessment District, and it is
hereby further determined and declared that all assessable
costs and expenses have been apportioned and spread over the
properties within the boundaries of the assessment District in
direct proportion to the benefits received thereby.
SECTION 5 . That the Engineer 's method of spread and
apportionment of all costs is hereby approved and adopted as
being a correct and proper apportionment of all costs is hereby
approved and adopted as being a correct and proper
apportionment and distribution of all assessable costs for
_ i
-2- �Q�n
these works of improvement.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 5th
day of December , 1988 .
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk WfCity Attorneye ��..2z.-�
REVIEWED AND .APPROVED: INITIATED AND PPROVED:
s
City Administrator , LDirecto , Public Works
sg
5960
-3-
Res. No. 5960
STATE OF CALIFORNIA
COUNTY OF ORANGE ; ss:
CITY OF HUNTINGTON BEACH
I, CONNIE BROCKWAY, the duly elected, 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 5th day
of December 19 88 , by the following -vote:
i
i AYES: Councilmembers:
MacAllister, Green, Winchell , Bannister, Mays, Silva, Erskine
NOES: Councilmembers:
None
ABSENT: Councilmembers:
None
&WM�o q.
i y Uer and ex-officlo r1erk
of the City Council of the City
of Huntington Beach, California
The foregoing instrument is a correct
1 copy of the original on file in this office,
Attest J IQ 41119_9
City Clerk and Ex•officio Clerk'of the City
Council of the City of Huntington Beach,
California.
13y eputy
RESOLUTION NO. 5961
I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
' HUNTINGTON BEACH CONFIRMING THE ASSESSMENT,
ORDERING THE IMPROVEMENTS MADE, TOGETHER WITH
APPURTENANCES, AND APPROVING THE ENGINEER'S "REPORT"
RELATED TO ASSESSMENT DISTRICT NO. 88-1
WHEREAS, the City Council of the City of Huntington Beach,
did previously adopt its Resolution of Intention for the
construction of certain public works of improvement, together
with appurtenances and appurtenant work, including acquisition
where appropriate, in a special assessment district known and
designated as Assessment District No. 88-1 (Reservoir Hill)
hereinafter referred to as the "Assessment District" ; and
Pursuant to said Resolution of Intention, a "Report, " as
therein provided, was presented, considered and approved; and
Said "Report, " as preliminarily approved, contained all the
matters and items called for by law and as 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, including the following:
1 . Plans and specifications of the proposed improvements;
2 . Estimate of 'cost;
3 . Diagram of Assessment District;
' 4 . An ' as*sessment according to benefits;
5. A description of the works of improvement; and,
All protests have been heard and considered, and a full
hearing has been given, all in the manner provided by law; and
Notices of said hearing were duly and regularly posted,
mailed and published in the time, form and manner required by
-1�
law and as evidenced by affidavits on file with the transcript
of these proceedings; and,
The owners of one-half (1/2 ) of the area assessed for the
cost of the project did not file written protests against the
said proposed. improvements and acquisition where appropriate,
and this legislative body did, after providing a full hearing,
overrule and deny all protests and objections; and,
This legislative body is now satisfied with the assessment
and all matters contained in the "report" as now updated and
submitted.
NOW, THEREFORE, it is hereby resolved as follows :
RECITALS
SECTION 1 . That the above .recitals are all true and
I
correct .
PUBLIC INTEREST AND CONVENIENCE
SECTION 2 . That the public interest and convenience
require the proposed improvements to be made, and .therefore it
is hereby ordered that the work to be done and improvements to
be made, together with appurtenances and appurtenant work in
connection therewith, including acquisition where appropriate,
in said Assessment District, as set forth in the Resolution of
Intention previously adopted and as set forth in the "Report"
presented and considered, and as now submitted.
CONFIRMATION OF ASSESSMENTS
SECTION 3 . That the "Report, " as now updated and
submitted, consisting of the assessment and diagram for the
improvements, together with appurtenances and appurtenant work
-2- 5961
in connection therewith, including acquisition where
Iappropriate, is hereby confirmed.
The assessment contained in said "Report" is hereby levied
upon the respective subdivisions of land in the Assessment
District as set forth in said "Report . "
RECORDATION OF ASSESSMENT
SECTION 4 . That the City Clerk shall forthwith deliver
to the Superintendent of Streets the said assessment, together
with the diagram attached thereto and made a part thereof, as
confirmed, with his certificate of such confirmation attached
and the date thereof; and that said Superintendent of Streets
shall then immediately record said diagram and assessment in his
office in a suitable book to be kept for that purpose and attach
I
thereto his certificate of the date of such recording.
COUNTY RECORDER NOTICE
SECTION 5 . Upon confirmation of the assessments and
recordation of the assessment role and diagram, a certified copy
of the assessment diagram shall be immediately filed in the
office of the County Recorder . Immediately thereafter, a copy
of the notice of assessment shall be recorded in the office of
the County Recorder in the manner and form as set forth by law
and specifically Section 3114 of the Streets and Highways Code
of the State of California.
MAILED NOTICE
SECTION 6. That said Superintendent of Streets, upon the
recording of said diagram and assessment, shall mail to each
--_ owner of real property within the Assessment District at his
5961
-3-
last known address, as the same appears on the tax rolls of the
County or on file in the office of the City Clerk, or both
addresses if said address is not the same, or to General
Delivery when no address so appears, a statement containing a
designation by street number or other description of the
property assessed sufficient to enable the owner to identify the
same, the amount of the assessment, the time and place of
payment thereof, the effect of failure to pay within such time,
and a statement of the fact that bonds will be issued on unpaid
assessments pursuant to the "Improvement Bond Act of 1915 . "
PUBLICATION
SECTION 7 . That said Superintendent of Streets shall
also give notice by publishing a copy of a notice of recording
of assessment in the newspaper previously selected to publish
all notices as provided by law, giving notice that said
assessment has been recorded in his office, and that all sums
assessed thereon are due and payable immediately, and that the
payment of said sums is to be made within thirty (30 ) days after
the date of recording the assessment, which date shall be so
stated in said notice, and of the fact that securities will be
.issued upon unpaid assessments .
IMPROVEMENT FUND
SECTION 6 . That the Treasurer is hereby authorized and
directed to establish a special fund account to be known as the
IMPROVEMENT FUND, and designated by 'the name of this Assessment
District, into which fund shall be paid all payments to be
received upon said assessment, and the proceeds of the sale of
bonds to be issued representing unpaid assessments .
-4-
5961
RESERVE FUND
SECTION 9 . That the Treasurer is hereby further
authorized to establish a special reserve fund, into which the .
designated amount shall be transferred and held in trust for the
bondholders and used to assist final discharge by any payment by
property owners within the boundaries of the Assessment District .
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 5th
day of December , 1988 .
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk 1Y i t y Attorneyw�
REVIEWED AND APPROVED: NITIATED AN APPROVED:
City Administrator Director, Public Works
_5_ 5961
Res, No. 5961
STATE OF CALIFORNIA
COUNTY OF ORANGE ss:
CITY OF HUNTINGTON- BEACH ) .
I, CONNIE BROCKWAY, the duly elected, 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 5th day
of December 19 88 , by the following vote:
AYES: Councilmembers:
MacAllister, Green, Winchell , Bannister, Mays , Silva, Erskine
NOES: Councilmembers:
None
ABSENT: Councilmembers:
None
City Clerk and ex-o ici er
of the City Council of the City
of Huntington Beach, California
The foregoing instrument is a correct
copy of the original on file in this office.
Attest_ 19'a
City Clerk and Ex-officio Clerk OT the City
Council of the City of Huntington Beach,
California.
By -; Deputy
RESOLUTION NO. 5970
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH, CALIFORNIA, AUTHORIZING
ISSUANCE OF BONDS, APPROVING BOND INDENTURE
AND PRELIMINARY OFFICIAL STATEMENT FOR A SPECIAL
ASSESSMENT DISTRICT
WHEREAS, the CITY COUNCIL of the CITY OF HUNTINGTON BEACH,,-
is conducting proceedings for the construction of certain public
improvements in a special assessment district pursuant to the terms
and provisions of the "Municipal Improvement Act of 191311 , being
Division 12 of the Streets and Highways Code of the State of
California, said special assessment district known and designated as
ASSESSMENT DISTRICT NO. 88-1 (RESERVOIR HILL) (hereinafter referred.
to as the "Assessment District" ) ; and
j This legislative body has previously declared in its
Resolution of Intention to issue bonds to finance said improvements,
said bonds to issue pursuant to the terms and provisions of the
"Improvement Bond Act of 1915" being Division 10 of said Code; and,
At this time this legislative body is desireous to set forth
all formal terms and conditions relating to the authorization,
issuance and administration of said bonds; and
There has been presented, considered and ready for approval a
bond indenture- setting forth formal terms and conditions relating to
the issuance and sale of bonds; and,
There has also been presented a Preliminary Official
Statement containing information including but not limited to the
Assessment District and the -type of bonds, including terms and
conditions thereof.
-1-
5970
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1 . That the above recitals are true and correct .
SECTION 2 . That this legislative body does authorize the
issuance of bonds pursuant to the terms and provisions of the
"Improvement Bond Act of 191511 , being Division 10 of the Streets and
Highways Code of the State of California, and does expressly approve
the BOND INDENTURE substantially in the form presented herein,
subject to modifications as necessary and as approved by the City
Attorney and the City Manager . A copy of said BOND INDENTURE shall
be kept on file with the transcript of these proceedings and open
for public inspection, with final approval conclusively evidenced by
the City Manager 's execution. Said bonds shall be issued and
subject to the terms and conditions in said approved Bond Indenture .
_SECTION 3 . That the Preliminary Official Statement, as
prepared and submitted, is hereby approved and adopted, and the.
execution and distribution is hereby. authorized. A copy of said
Preliminary Official Statement shall be kept on file with the
transcript of these proceedings and remain open for public
inspection. The City Manager is hereby authorized, subject to Bond
counsel concurrence, to approve a final Official Statement in
substantial compliance with the Preliminary Official Statement, and
upon such approval, the execution and distribution of such final
Official Statement is authorized.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 19th day
of December , 1988 .
M&XOQ
_2_ 5970
BOND INDENTURE
.I
This Bond Indenture (the "Indenture") dated as of December 19, 1988, entered into and
approved by the City of Huntington Beach (the "Issuer") , a municipal corporation, to
establish the terms and conditions pertaining to the issuance of bonds in a special
assessment district known and designated as ASSESSMENT DISTRICT NO. 88-1 (RESERVOIR
HILL) " (the "Assessment District") .
SECTION 1. Issuance, Designation and Amount. Pursuant to the provisions of the
"Improvement Bond Act of 191511, being Division 10 of the Streets and
Highways Code of the State of California, as amended (the "Act") , the
Issuer does hereby authorize the issuance of bonds to represent unpaid
assessments within the Assessment District in principal amount not -to
exceed $1,837,000.00 and designated as the City of Huntington Beach,
Assessment District No. 88-1 (Reservoir Hill) Limited Obligation
Improvement Bonds (the "Bonds") .
SECTION 2. Unpaid Assessments. The Issuer shall, immediately upon the completion
of the 30-day cash collection period, determine the assessments which
are unpaid and the aggregate amount thereof as authorized by Section
8621 of the Streets and Highways Code of the State of California.
SECTION 3. Term of Bonds. Bonds to represent the unpaid assessments, and bear
interest at a rate not to exceed the current legal maximum rate of 12%
1i per annum, will be issued in the manner provided in the Act, 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 Part 11. 1 of the
Act, providing an alternative procedure for the advance payment of
assessments and the calling of Bonds shall apply.
SECTION 4 Registered Bonds. Said Bonds shall be issuable only as fully regis-
tered " Bonds in the denomination of $5,000, or any integral multiple
thereof, except for one bond maturing in the first year of maturit.y,
which shall include the amount by which the total issue exceeds the
maximum integral multiple of $5,000 contained therein.
SECTION 5. Date of Bonds . All of said Bonds shall be dated the 17th day of
January, 1989, and interest shall accrue from that date'. "
SECTION 6. Maturity and Denomination. The Bonds• shall be issued in serial form
with annual maturities on September 2nd of every year succeeding twelve
(12) months after their date, until the whole is paid. The amount
maturing each year shall be such as to result in approximately equal
annual debt service during the term of the issue as reflected by the
interest rate and/or rates and principal amounts maturing in the respec-
tive years of maturity as set forth in Exhibit "A" attached hereto and
incorporated herein by this reference, and the Issuer shall, imme-
diately upon completion of the cash collection period, prescribe the
denominations of the Bonds, which shall be in convenient amounts, not
necessarily equal, and shall further provide for their issuance and
delivery.
1 5970
SECTION 7. Interest. Each Bond shall be of a single maturity . and shall bear
interest at the rate as set forth in Exhibit "A" hereto from the
1 interest payment date next preceding the date on which it authenticated
y and registered, unless said Bond is authenticated and registered as of
an interest payment date, in which case it shall bear interest from
said interest payment date, or unless said Bond is authenticated and "
registered prior to the first interest payment date, in which case it
shall bear interest from its date, until payment of its principal sum
has been discharged.
SECTION 8. Place of Payment. The principal on the Bonds shall be payable in
lawful money of the United States of America upon surrender of the Bond
at the office of the
designated registrar, transfer agent and paying agent of the Issuer
( "Paying Agent" ) , or such other registrar, transfer agent or paying
agent as may be designated by subsequent Resolution of the Issuer.
Interest on said Bonds shall be paid by check or draft to the regis-
tered owner thereof at his address as it appears on the books of regis-
tration, or at such address as may have been filed with the Paying
Agent for that purpose, as of the 15th day of the month immediately
preceding said interest payment date.
SECTION 9. Redemption. This Bond, or a portion thereof if issued in a denomina-
tion greater than $5,000, shall be subject to redemption and payment in
advance of maturity in increments of $5,000 as provided in Section 8768
of the Streets and Highways Code, on the 2nd day of March or September
. 1
in any year, .by giving the notice provided in said law to the regis-
tered owner thereof at his address as it appears on the books of regis-
tration and by paying principal of and accrued interest on such
redeemed amount, together with a premium equal to three percent (3%) of
the redeemed principal amount. If less than the entire Bond is
redeemed, the unredeemed portion shall be reissued to the registered
owner thereof.
SECTION 10. Transfer of Registered Bonds. Any fully registered Bond may, in accor-
dance with its terms, be transferred upon the books of registration
required to be kept pursuant to the provisions of Section 11 by the
owner in whose name it is registered, or by his duly authorized
attorney or legal representative, upon surrender of such fully regis-
tered Bond for registration of such transfer, accompanied by delivery
of a written instrument or transfer in a form approved by the Paying
Agent and by the owner of said Bonds, duly executed.
SECTION 11. Exchange of Registered Bonds. Fully registered Bonds may be exchanged
at the. office of the Paying Agent for a like aggregate principal amount
of Bons of the same series, interest rate and maturity, subject to the
terms and conditions provided in the system of registration for. regis-
tered debt obligations, including the payment of certain. charges, if
�--• any, upon surrender and cancellation of this Bond. Upon such transfer
and exchange, a new registered Bond or Bonds of any authorized denomina-
J` � tion or denominations of the same maturity for the same aggregate
l principal amount will be issued to the transferee in exchange therefor.
2
cn�n
SECTION 12. Books of Registration. There shall be kept by the Paying Agent
sufficient books for -the registration and transfer of the Bonds and,
upon presentation for such purpose, the Paying Agent shall, under such
reasonable regulations as it may prescribe, register or transfer or
cause to be registered or transferred, on said register, Bonds as
hereinbefore provided.
SECTION 13. Execution of Bonds. The Bonds shall be executed in facsimile by the
Treasurer and by the City Clerk, and the corporate seal shall be
imprinted in facsimile on the Bonds. The Bonds shall then be delivered
to the Paying Agent for authentication and registration. In case an
officer who shall have signed or attested to any of the Bonds by
facsimile or otherwise shall cease to be such officer before the authen-
tication, delivery and issuance of the Bonds, such Bonds nevertheless
may be authenticated, delivered and issued, and upon such authentica-
tion, delivery and issue, shall be as binding as though those who
signed and attested the same had remained in office.
SECTION 14. Authentication. Only such of the Bonds as shall bear thereon a certifi-
cate of authentication substantially in the form below, manually
executed by the Paying Agent, shall be valid or obligatory for any
purpose or entitled to the benefits of this Indenture, and such
certificate of the transfer agent and registrar shall be conclusive
evidence that the Bonds so authenticated have been duly executed,
authenticated and delivered hereunder, and are entitled to the benefits
of this Indenture.
-� FORM OF CERTIFICATE OF AUTHENTICATION AND REGISTRATION
This bond has been authenticated and registered on
1
as Transfer Agent, Registrar and Paying Agent
By:
SECTION 15. Negotiability, Registration and Transfer of Bonds. The transfer of any
Bond may be registered only upon such books of registration upon surren-
der thereof to the Paying Agent, together with an assignment duly
executed by the owner or his attorney or legal representative, in satis-
factory form. Upon any such registration of transfer, a new Bond or
Bonds shall be authenticated and delivered in exchange for such Bond,
in the name of the transferee, of any denomination or denominations
authorized by this Indenture, and in an aggregate principal amount
equal to the principal amount of such Bond or principal amount of such
Bond or Bonds so surrendered. In all cases in which Bonds shall be
exchanged or transferred, the Paying Agent shall authenticate at the
earliest practical time, Bonds -in accordance with the provisions of
this Indenture. All Bonds surrendered in such exchange or registration
transfer shall forthwith be cancelled. The Paying Agent may make a
charge for every such exchange or registration of transfer of Bonds
sufficient• to reimburse it for any tax or other governmental charge
required to be paid with respect to such exchange or registration of
3 5970
transfer. No transfer of fully registered Bonds shall be required to
be made between the fifteenth (15th) day of the month next preceding
each interest payment date, nor during the fifteen (15) days preceding
4 ,I. the selection of any Bonds for redemption prior to the maturity
thereof, nor with respect to any Bond which has been selected for
redemption prior to the maturity thereof.
SECTION 16. Ownership of Bonds. The person in whose name any Bond shall be regis-
tered shall be deemed and regarded as the absolute owner thereof for
all purposes, and payment of or on account of the principal and redemp-
tion premium, if any, of any such Bond, and the interest on any such
Bond, shall be made only to or upon the order of the registered owner
thereof or his legal representative. All such payments shall be valid
and effectual to satisfy and discharge the liability upon such Bond,
including the redemption premium, if any, and interest thereon, to the
extent of the sum or sums so paid.
SECTION 17. Mutilated, Destroyed, Stolen or Lost Bonds. In case any Bond secured
hereby shall become mutilated or be destroyed, stolen or lost, the
Issuer shall cause to be executed and authenticated a new Bond of like
date and tenor in exchange and substitution for and upon the cancella-
tion of such mutilated Bond or in lieu of and in substitution for such
Bond mutilated, destroyed, stolen or lost, upon the owner's paying the
reasonable expenses and charges in connection therewith, and, in the
case of a Bond destroyed, stolen or lost, his filing with the Paying
Agent and Issuer of evidence satisfactory to them that such Bond was
destroyed, stolen or lost, and of his ownership thereof, and furnishing
f the Paying Agent and Issuer with indemnity satisfactory to them.
SECTION 18. Cancellation of Bonds. All Bonds paid or redeemed, either at or before
maturity, shall be cancelled upon the payment or redemption of such
Bonds, and shall be delivered to the Paying Agent when such payment or
redemption is made. All Bonds cancelled under any of the provisions Of
this Indenture shall be destroyed by the Paying Agent, which shall
execute a certificate in duplicate describing the Bonds so destroyed,
and shall retain said executed certificate in its permanent files for
the issue.
SECTION 19. Creation of Funds. The Treasurer is hereby authorized and directed to
establish the following Funds for purposes of making payment for the
costs and expenses for the works of improvement and payment of
principal and interest on the Bonds. The Funds to be created are
designated as follows:
IMPROVEMENT FUND: The proceeds from the sale of the Bonds, after
deposit of required amounts in the Reserve Fund and Redemption Fund,
shall be placed in the Fund hereby created, pursuant to Sections 10602
and 10424 of the California Streets and Highways Code, as amended,
which ghall be called the "Improvement Fund", and the monies in said
Fund shall be used only for the purposes authorized in said assessment
proceedings, and specifically to pay for the costs and expenses of the
construction or acquisition of the authorized public capital improve-
ments, together with all incidental expenses. Any surplus in the
Improvement Fund after completion of the improvements shall remain in
4 5970
the Improvement Fund for a period of not less than two (2) years from
the receipt of Bond proceeds as provided in Section 10427.1 of the
California Streets and Highways Code, and thereafter shall be utilized
or distributed as determined by the Issuer. .
REDEMPTION FUND: The Treasurer is hereby authorized and directed to
keep a Redemption Fund designated by the name of the proceedings, into
which he shall place accrued interest, if any, on the Bonds from the
date of the Bonds to the date of delivery to the initial purchaser
thereof, all sums received for the collection of the assessments and
the interest thereon, together with all penalties, if applicable.
Principal of and interest on said Bonds shall be paid to the registered
owner out of the Redemption Fund created pursuant to Section 8671 of
the California Streets and Highways Code. Accrued• interest .paid by the
purchaser of the Bonds, if any, shall be deposited in the Redemption
Fund. In all respects not recited herein, said Bonds shall be governed
by the provisions of the Act. Under no circumstances shall the Bonds
or interest thereon be paid out of any other fund except as provided by
law.
RESERVE FUND: Pursuant to Part 16 of the Act, there shall be created a
special reserve fund for the Bonds to be designated by the name of the
Assessment District and specified as the special "Reserve Fund". An
amount equal to six percent (6%) of the original Bond proceeds shall be
deposited in the Reserve Fund out of said Bond proceeds.
Monies in the Reserve Fund shall be applied as follows:
A. Amounts in said Reserve Fund shall be transferred to the Redemption
Fund for the Bonds if, as result of delinquencies in the payment of
assessments, there are insufficient monies in said Redemption Fund
to pay principal of and interest on the Bonds when due. Amounts so
transferred shall be repaid to the Reserve Fund from proceeds from
the redemption or foreclosure of property with respect to which an
assessment is unpaid and from payments of the delinquent
assessments;
B. Interest earned on the permitted investment of monies on deposit in
the Reserve Fund shall remain in the Reserve Fund so that the
amount therein may accumulate to and subsequently be maintained at
the "Reserve Requirement" . The Reserve Requirement shall be an
amount equal to the lesser of (i) the Maximum Annual Debt Service
on the Bonds, (11) 125% of the average annual debt service on the
Bonds, or (iii) 10% of the original principal amount of the Bonds.
Annual Debt Service on the Bonds for each year ending September 2nd
shall equal -the sum of (a) the interest falling due on the outstand-
ing Bonds in such 12 month period, assuming that the outstanding
Bonds are retired as scheduled, and (b) the principal amount of
outstanding Bonds falling due during such 12 month period.
"Average Annual Debt Service" shall mean the average Annual Debt
Service during the term of the Bonds . "Maximum Annual Debt
Service" shall mean, as computed from time to time, the largest
Annual Debt Service during the period from the date of such computa-
tion through the final maturity of any outstanding Bonds.
5
cn-7n
C. On July 15 of each fiscal year the amount on deposit in the Reserve
-, Fund in excess of the Reserve Requirement shall be transferred from
the Reserve Fund to the Redemption Fund and shall be credited to
iI the unpaid assessment installments payable during ouch fiscal year.
The Auditor ' s record, prepared pursuant to Section 8682 of the
Streets and Highways Code, shall reflect the credits against each
of the unpaid assessments in the manner provided in Streets and
Highways Code Section 10427. 1 in amounts equal to each parcel s
proportionate share of such transfer.
Notwithstanding the above, interest earnings on monies on deposit
in the Reserve Fund in excess of the "yield" on the Bonds, as that
term is defined in the Internal Revenue Code of 1986 (the "Code") ,
shall be subject to transfer and rebate to the United States.
D. Whenever monies in the Reserve Fund are sufficient to retire all of
the Bonds outstanding, plus accrued interest thereon, such money
shall be transferred to the Redemption Fund for the Bonds and
collection of the remaining unpaid assessments shall cease.
E. In the event assessments are paid in cash in advance of their final
;
maturity date, the Issuer is required to credit the prepaid assess-
ment with a proportionate share of the Reserve Fund and to transfer
an amount equal to such credit to the Redemption Fund to be
utilized for the advance retirement of Bonds.
ECTION 20. No Issuer Liability. It is hereby further determined and declared that
the Issuer will not obligate itself to advance any available funds from
its 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 of the Bonds to be issued pursuant to these proceed-
ings as authorized and required by Section 8769 of the Streets and
Highways Code of the State of California.
SECTION 21. Covenant to Foreclose. The Issuer hereby covenants that upon default
of any assessment payment due, it will cause Superior Court foreclosure
proceedings to be brought within one hundred fifty (150) days of such
default and thereafter diligently prosecute to completion such proceed-
ings. Such foreclosure proceedings may be deferred if funds are
advanced to the special Reserve Fund to keep said Fund continually at
the level set forth in the Section entitled "Reserve Fund" set forth
hereinabove.
SECTION 22. Covenant to Maintain Tax-Exempt Status. The Issuer covenants that it
will not make any use of the proceeds of the Bonds issued hereunder
which would cause the Bonds to become "arbitrage bonds" subject to
Federal income taxation pursuant to the provisions of Section 148(a) of
the Code, or to become "Federally-guaranteed obligations" pursuant to
the provisions of Section 149(b) of the Code, or to become "private
I activity bonds" pursuant to the provisions of Section 141(a) of the
Code. To that end, the Issuer will comply with all applicable require-
ments of the Code and all regulations of the United States Department
of Treasury issued thereunder to the extent such requirements are, at
6 '5970
the time, applicable and in effect. Additionally, the Issuer agrees to
implement and follow each and every recommendation provided by Bond
Counsel and deemed to be necessary to be undertaken by the Issuer to
ensure compliance with all applicable provisions of the Code in order
to preserve the exemption of interest on the Bonds from Federal income
taxation.
SECTION 23. Covenant Regarding Arbitrage. The Issuer shall not take or permit nor
suffer to be taken any action with respect to the gross proceeds of the
Bonds as such term is defined under the Code which, if such action had
been reasonably expected to have been taken, or had been deliberately
and intentionally taken, on the date of issuance of the Bonds, would
have caused the Bonds to be "arbitrage bonds" within the meaning of
Section 148 of the Code and the regulations promulgated thereunder.
SECTION 24. Order to Print and Authenticate Bonds . The Treasurer is hereby
instructed to cause Bonds, as set forth above, to be printed, and to
proceed to cause said Bonds to be authenticated and delivered to an
authorized representative of the purchaser, upon payment of the
purchase price as set forth in . the accepted proposal for the sale of
Bonds.
SECTION 25. Arbitrage_ Certificate. On the basis of the facts, estimates and circum-
stances now in existence and in existence on the date of issue of the
Bonds, as determined by the Treasurer, said Treasurer is hereby autho-
rized to certify that it is not expected that the proceeds of the issue
1 will be used in a manner that would cause such obligations to be
arbitrage Bonds . Such certification shall be delivered to the
purchaser together with the Bonds.
IN WITNESS WHEREOF, the Issuer has executed this Bond Indenture effective the date
first written hereinabove.
CITY MANAGER
CITY OF HUNTINGTON BEACH
STATE OF CALIFORNIA
5970
i
ATTEST:
i
City Clerk
REVIEWED AND APPROVED: APPROVED AS TO FORM:
City Administrator City Attorney
INITI ED AND APPROVED:
Chief off= mii,�istrativ Se vices
STATE OF CALIFORNIA )
COUNTY OF ORANGE. ) ss .
CITY OF HUNTINGTON BEACH )
I , CONNIE BROCKWAY, the duly elected, qualified and acting
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 Huntington Beach is seven;
that the foregoing resolution was passed and adopted by the
affirmative vote of more than a majority of all the members of said
City Council at a regular meeting thereof held on the 19th day
of December , 1988 , by the following vote:
AYES: COUNCILMEN:
MacAllister, Green, Winchell , Bannister, Mays, Silva, Erskine
-3-
Cn7rl
NOES: COUNCILMEN:
I _
None
ABSENT: COUNCILMEN:
None
City Clerk
The foregoing instrument is a. correct
copy of the original on file in this office.
Attest 42 19
City Clerk and Ex-officio Clerk oY the City
Council of the City of Huntington Beach,
California.
By,� ' ePu�►
—4— 5970
t
�Ii
t EXHIBIT A
.� $1,774,511.39*
City of Huntington Beach
Assessment District No. 88-1
Limited Obligation Improvement Bonds
(Reservoir Hill )
Principal*
Maturity Date Amount Interest Rate
9/02/90 $ 4,511.39 6.500
9/02/91 40,000.00 6.700
9/02/92 50,000.00 6.900
9/02/93 50,000.00 7.000
9/02/94 55,000.00 7.200 -
9/02/95 60,000.00 7.400
9/02/96 65,000.00 7.500
9/02/97 70,000.00 7.600
9/02/98 75,000.00 7.700
9/02/99 80,000.00 7.800
9/02/00 85,000.00 7.900
9/02/01 90,000.00 7.900
9/02/02 100,000.00 8.000
9/02/03 105,000.00 8.000
9/02/04 115,000.00 8.000
9/02/05 125,000.00 8. 100
9/02/06 135,000.00 8.100
9/02/07 145,000.00 8.100
9/02/08 155,000.00 8-. 100
9/02/09 170,000.00 8.100
Total $1,774,511 .39
The net interest cost, which includes a discount of 2.50%, is
8.15%. The average coupon rate is 7.97%.
All Bonds are re-offered at par.
* Subject to change upon close of cash collection period on
January 5, 1989.
RESOLUTION NO. 5971
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH ACCEPTING PROPOSAL FOR SALE OF
BONDS AND PROVIDING FOR THE ESTABLISHMENT OF A
REDEMPTION FUND
WHEREAS, the CITY COUNCIL of the CITY OF HUNTINGTON BEACH has
heretofore instituted and conducted proceedings under 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 construction of certain public works of
improvement, together with appurtenances and appurtenant work, in
a special assessment district known and designated as ASSESSMENT
DISTRICT No. 88-1 (RESERVOIR HILL) (hereinafter referred to as the
"Assessment District" ) ; and
In the Resolution of Intention it was determined and declared
that bonds should issue under the provisions of the "Improvement
Bond act of 1915" , being Division 10 of the Streets and Highways
Code of the State of California; and
There has now been received, in proper form, a proposal
(hereinafter the "proposal" ) for the purchase of said bonds to
issue under said proceedings, which is considered to best serve
the interests of owners of land included within the Assessment
District and should be accepted,
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS :
SECTION 1 . That the above recitals are all true and
correct .
SECTION 2 . That the proposal received December 19, 1988 ,
from STONE & YOUNGBERG for the purchase of improvement bonds
representing unpaid assessments in said Assessment District is
hereby accepted and approved.
SECTION 3 . The said sale is subject to all the terms and
conditions as set forth in the Bond Indenture and in the accepted
} proposal .
SECTION 4 . That subject to approval by the City Attorney,
the Mayor and City Clerk are hereby authorized to execute the
proposal and a copy of said proposal shall be kept on file with
the transcript of these proceedings .
-1-
10
SECTION 5 .. That the Treasurer be, and hereby is, directed
to have the bonds printed immediately upon the expiration of the
cash collection period, and said Treasurer shall then have said
bonds signed and delivered upon receipt of the amount of monies
due pursuant to said proposal and upon the performance of all t-he
conditions as set forth in the proposal .
SECTION 6 . That the interest rate or rates on said bonds
be, and the same hereby is fixed at the rate or rates as set forth
in said accepted proposal .
SECTION 7. That the Treasurer is hereby authorized and
directed to keep a redemption fund designated by the name of the
proceedings, into which he shall place all sums received for the
collection of the assessments and the interest thereon, together
with all penalties, .if applicable, thereon and from which he shall
disburse such funds to the registered owner . Under no
circumstances shall the said bonds or interest thereon by paid out
of any other fund except as provided by law. Said fund shall be-
known as the REDEMPTION FUND, and shall be designated by the name
of this Assessment District .
SECTION 8 . That the Treasurer shall transfer monies as
necessary from the SPECIAL RESERVE FUND in the manner and form as
authorized by law.
PASSED and ADOPTED by the City Council of "the City of
Huntington Beach at a regular -meeting thereof held on the 19th
day of December , 1988 .
Mayor
ATTES APPROVED AS 0 FORM:
. v--
City Clerk City Attorney
l REV ND FF ED: NITIATED ND APPROVED:
C ' ty Administrator Dire for of Public Works
- ►'�._ th-gib
-2-
SQ'7i
��- STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF HUNTINGTON BEACH)
I , CONNIE BROCKWAY,- the duly elected, qualified and acting
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 Huntington Beach
is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of more than a majority of all the
members of said City Council at a regular meeting thereof held
on the 19th day of December ,, 1988, 'by the following votes :
AYES: COUNCILMEN:
MacAllister, Green, Winchell , Bannister, Mays, Silva, Erskine
NOES: —COUNCILMEN:
None
ABSENT: COUNCILMEN:
None
The foregoing instrument is a correct
copy of the original on file in this office.Attest City Clerk
/ 19
!t
City Clerk and Ex-officio Clerk of the City
Council of the City of Huntington Beach,
California.
By t, Deputy
-3- 5971
RESOLUTION NO. 5972
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH AWARDING THE CONTRACT FOR THE
CONSTRUCTION OF CERTAIN PUBLIC WORKS OF
IMPROVEMENT IN A SPECIAL ASSESSMENT DISTRICT
WHEREAS, the CITY COUNCIL of the CITY OF HUNTINGTON BEACH did
publicly open, examine and declare all sealed proposals or bids
for doing the work and improvements described in its Resolution of
Intention, which Resolution and a "Report" subsequently approved,
are hereby expressly referred to for a description of said work
and improvements and for all particulars relative to the
proceedings for the works of improvement, in a special assessment
district known and designated as ASSESSMENT DISTRICT NO. 88-1
(RESERVOIR HILL) (hereinafter referred to as the "Assessment .
District" ) ,
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
I SECTION 1 . That the above recitals are all true and
correct .
SECTION 2 . That this legislative body hereby rejects all
of said proposals or bids except that herein mentioned, and does
hereby award the construction contract for doing said work and
making improvements in the Assessment District to the lowest
responsible bidder, to-wit :
DRAINAGE CONSTRUCTION COMPANY, INCORPORATED
at the prices named in the bid of said bidder on file with the
transcript of these proceedings and open for public inspection.
SECTION 3 . That this award of contract is hereby
conditioned upon and made subject to the receipt of monies and
proceeds from •the issuance and sale of bonds . The Contractor
shall not commence construction or order equipment until he has
received a Notice to Proceed . Any progress payment to the
Contractor for work completed may be delayed if monies have not
been received from the sale of bonds.
SECTION 4 . That the works of improvement shall be
constructed in the manner and form as set forth in the plans and
_1_ 5972
specifications for these proceedings, as previously approved as a
part of the "Report" , as required by law and specifically the
"Municipal Improvement Act of 191311 , being Division 12 of the
Streets and Highways Code of the State of California.
SECTION 5 . That subject to approval by the City Attorney,
the Mayor and City Clerk are hereby authorized to execute the
Agreement for the works of improvement relating to said Assessment
District, and a copy of said Agreement shall be on file with- the
transcript of these proceedings.
SECTION 6 . That all monies to pay for the costs and
expenses of the above referenced Assessment District shall be paid
from the funds as deposited in the Improvement Fund, including any
interest earned thereon.
PASSED and ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 19th
day of December , 1988 .
Mayor
ATTEST: APPROVED Ar FORM:
City Clerk &I City Attorney
REV P,-. D 1�P15R0� D : INITIATED A APPROVED:
City Administrator Direc or of Public Works
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss .
CITY OF HUNTINGTON BEACH)
I , CONNIE BROCKWAY, the duly elected, qualified - and acting
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 Huntington Beach
-2-
5972
is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of more than a majority of all the
members of said City Council at a regular meeting thereof held
on the 19th day of December , 1988, by the following vote:
AYES: COUNCILMEN:
MacAllis er, Green Winchell Bannister,-May-., Silva, Frckina
NOES: COUNCILMEN:
None
ABSENT: COUNCILMEN:
None
City Clerk
The foregoing instrument is a corrQct
copy of the original on file i thi office.
Attest ��f 19 gQ
City Clerk and Ex•officio Clerk of the City
Council of the City of Huntington Beach.
California.
$y� Deputy
-3-
CA-7A
CERTIFICATE OF COMPLIANCE
WITH NOTICE REQUIREMENTS
ASSESSMENT DISTRICT NO. 88-1
(RESERVOIR HILL)
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF HUNTINGTON BEACH
CONNIE BROCKWAY, under penalty of perjury, CERTIFIES AS FOLLOWS:
The undersigned is now, and at all times mentioned herein was, the duly qualified
and acting CITY CLERK of the CITY OF HUNTINGTON BEACH, CALIFORNIA, and as such,
accomplished the notice requirements in connection with the referenced Assessment
District, as noted:
POSTING
The NOTICE OF IMPROVEMENT was posted not more than three hundred (300) feet apart on
all open streets within the District described in a Resolution of Intention
previously adopted, and not less than three (3) Notices in all were posted. Said
posting was completed on the 16th day of November , 1988.
A copy of the AGENDA for the meeting of October 24, 1988, setting forth a general
description of the project and the time and place of the meeting, was posted in 'a
location freely accessible to the general public at least 72 hours before the time
set for said meeting; said posting being accomplished on the 20th day of
October , 1988.
PUBLICATION
(DAILY PILOT)
The NOTICE INVITING SEALED PROPOSALS was published once a week - for two successive
weeks; said publications being accomplished on the 29th day of October ,
1988, and on the 3rd day of November 1988, and 10 November, 1988 .
The NOTICE OF IMPROVEMENT was published in the designated legal newspaper in
accordance with Section 6066 of the Government Code of the State of California, said
publication being Made once a week for two successive weeks; said publications being
accomplished on the 3rd day of November 1988, and on the loth day of
November 1988.
RECORDING
A copy of the proposed BOUNDARY MAP was filed in the Office of the County Recorder
within fifteen (15) days after the adoption of the Resolution Setting Hearing; said
filing 'being accomplished on the 28th day of October 1988.
i � T
MAILING
The NOTICE TO PROPERTY OWNERS (NOTICE. OF HEARING) under Division 12 of the Streets
and Highways Code of the State of California ("Municipal Improvement Act of 1913") ,
was mailed to all persons owning real property proposed to be assessed according to
the names and addresses of such owners as the same appear on the last County
Assessment Roll, or at his address as known to the undersigned; also to every owner
of property assessed by the State, under Section 14 of Article XIII of the
Constitution of the State of California, at the address of the owner of such
property as shown on the last City roll transmitted to the County Auditor in all
instances where such property is proposed to be assessed; said mailing being
accomplished on the 3rd day of November , 1988.
EXECUTED this day of , 1988, at Huntington Beach,
California.
CITY CLERK
CITY OF HUNTINGTON BEACH
STATE OF CALIFORNIA
The foregoing instrument is. a correct
copy of the original on file in th's office.
Attest Iq�E
City Clerk and Er-officio C'srlc , th Cily
Council of tha City of Huntington 1323ch,
Czliiornia.By Y17a-1,d(d:r; X-2�jD eputy
CERTIFICATE OF COMPLIANCE
WITH NOTICE-REQUIREMENTS
ASSESSMENT DISTRICT NO. 88-1
(RESERVOIR HILL)
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF HUNTINGTON BEACH
CONNIE BROCKWAY, under penalty of perjury, CERTIFIES AS FOLLOWS:
The undersigned is now, and at all times mentioned herein was, the duly qualified
and acting CITY CLERK of the CITY OF, HUNTINGTON BEACH, CALIFORNIA, and as such,
accomplished the notice requirements in connection with the referenced Assessment
District, as noted:
RECORDATION
The original of the ASSESSMENT ROLL AND DIAGRAM was recorded in the Office of the
Superintendent of Streets on the 7th day of December , 1988.
A copy .of the .ASSESSMENT DIAGRAM was filed in the Office of the County Recorder, in
Assessment District Maps Book 45 , Page(s) 29 thru 34 on the 7th day
of December 1988, as Document No. 88-637474 .
A copy of the NOTICE OF ASSESSMENT was recorded in the Office of the County Recorder
on the 7th day of December 1988.
PUBLICATION
(DAILY PILOT)
The STATEMENT OF ASSESSMENT, pursuant to Section 6066 of the Government Code of the
State of California, was published once a week for two successive weeks, with at
least five days intervening between publications; said publications being
accomplished on the 9th day of December , 1988, and on the 15th
day of December 1988.
POSTING
A copy of the AGENDA for the meeting of December 5, 1988, setting forth a general
description of the .project and the time and place of the meeting, was posted in a
location freely accessible to _the general 'public at least 72 hours before the time
set for said meeting; said posting being accomplished on the 2nd day of
December , 1988.
MAILING
The STATEMENT OF ASSESSMENT, pursuant to the provisions of the "Municipal Improve-
ment Act of 191311, was mailed, postage prepaid, to each person owning property in
the Assessment District at his last known address as it appears on the tax rolls of
the City, or on file in the Office of the undersigned, or to both addresses if they
are not the same, or when no address appears, the same was mailed to the person
addressed to General Delivery, which Notice also designated the property within the
Assessment District belonging to each such owner and contained a statement of the
amount to be assessed against the property of each owner, respectively; said mailing
being accomplished on the 9th day of December , 1988.
EXECUTED this day of ( -'�r��[i 1988, at Huntington Beach,
California.
r
CITY CLERK
CITY OF HUNTINGTON BEACH
STATE OF CALIFORNIA
The foregoing instrument is a correct
COW of the original on file in office.
Attest thi 1 g,pq
City Clerk and Ex•officio Cler of the City
Council of the City of Huntington Beach,
California.
aDeputy
Ri.CUCS7CUEST +PJG 8V-6374T5
EU Y.
WHEN RECORDED, RETURN TO
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY,CALIFORNIA
CITY CLERK 4:00
CITY OF HUNTINGTON BEACH 1✓M DEC — 7 1988
2000 MAIN STREET _
HUNTINGTON BEACH, CA 92648 pp Q L�,� Recorder
C11
NOTICE OF ASSESSMENT
Pursuant to the requirements of Section 3114 of the Streets and Highways Code of the
State of California, the undersigned, CITY CLERK of the legislative body of the CITY
OF HUNTINGTON BEACH, STATE OF CALIFORNIA, HEREBY GIVES NOTICE that a diagram and
assessment were recorded in the Office of the Superintendent of Streets of said
City, as provided for in said Section 3114, and relating to the following described
real property:
All that property lying within the boundaries of the Assessment District,
of which the exterior boundaries and real property of said District are as
delineated upon a map of said District entitled ASSESSMENT DISTRICT NO.
88-1 (RESERVOIR HILL) filed in the Office of the County Recorder o ORANGE
COUNTY on the , '�'�}. day of '�rG ,` , 1988, in Book
P-age(s) T^� , Document No. , MAPS OF AS ESSMENT
DISTRICTS, Official Re ords of said County, and as shown on an assessment
diagram recorded in the Office of the Superintendent of Streets of said 0,
and reference is hereby made to said Map for the description of the real
property within said Assessment District.
NOTICE IS FURTHER GIVEN that upon the recording of this Notice in the Office of the
County Recorder, the several assessments assessed on the lots, pieces and parcels
shown on said filed Assessment Diagram shall become a lien upon the lots or portions
of lots assessed, respectively.
Reference is made to the Assessment Diagram and Assessment Roll recorded in the
Office of the Superintendent of Streets for the amount of any final and confirmed .
assessments.
Attached hereto is a list indicating the' names of the assessed owners, all as
required pursuant to Section 27288 . 1 of the Government Code of the State of
California.
DATED: , 1988.
CITY CLERK
CITY OF HUNTINGTON BEACH
STATE OF CALIFORNIA
Names of Property Owners 88-637475
Adler, Kenneth S. �Ae, �vK ACW CAL.
Albert, Wilma M.
Aldoroty, Robert
Allen, Robert H TR
Amark, Judy
Armstrong, Colleeny1 G�4Fi�
Ashby, Richard K.
Bailey, W. R.
Bank Union & Tr of LA Tr
Bates, Loren S.
Beer, Kenneth V.
Bioxin, John A.
Bird, Martin W.
Blasgen, Michael W.
Bollman, Charles H.
Boom, Daryl C.
Borghetti, Ronard P.
Bouska, William J.
Brindle, Ronald I.
Brown, James M.
Brown, Leslie
Bruno, Joe
Burlingham, Marion
Busche', Gene A.
Butters, Lois P.-
Carmichael, George M.'
Catron, Delbert Franklin
Central Park #5
Chapman, Gerald
Cobb, Marvin W.
Cohn, Alvin R.
Cook, Joan Newcomer
Coombs, Rachelle C.
Cracchiolo, Salvator W.
Custer, Prentiss M.
Dabney, Walter Nichols
Davis, Michael A.
Dahl, David D.
Demaio, Arthur J.
De Nubila, Virginia M.
Deutsch, Warren Clifford
Duncan, David P.
Dunn, Robert J.
Dunn, Roger
Elliott, Willis M.
Enebach, Hugo J.
Eng, Vincent Chee Kei
Engle,_ James M.
Espitia, Albert S.
Estrada, Ignaciao F.
Faas, A.J. & Sons
Faas, John A.
6j d%A*jI tZ- p W ,
1
88=637475
Page 2
Fisher, John T.
Fjaeran, Randi
Folmar, Cecil J.
Ford, Janet
Fuller, Leland C.
Grabe, Carl G.
Gale, Steven
Gatton, Philip H.
Goddard, Mary Frances
Goetsch, Elmer E.
Gordon, Ruth L.
Gowdy, Robert Gordon Tr
Greer, Bruce L.
Greer, Ruby M.
Gustafson Brothers, Inc.
Gustafson, John
Guthrie, Laura A.
Hanks, Heber T.
Hargrove, Elizabeth M.
Hassett, Gloria Bradeson
Hathaway, J. I.
Hay, William
Hill, Gene N.
Hoffman, Edward R.
Howell, Peter S.
Hubbs, Kenneth
Huntington Beach Co.
Huntington Pacific Corp.
Huntington Signal Oil Co.
Huntington Surfside Corp.
Irvine, Tracy
Ishibashi Akira
Jacobson, Allan R.
Jankowiak, Donald B.
Kahle, Vance R.
Keller, Melvin F.
Killingsworth, Dagmar
Kubelka, Barton A.
Lambert, Barbara A.
Landis, William Lang, H.A. Est
Lang, Robert D.
Liao, Daniel
Levoy, Bertram J..Consvr
Lindesy, Margaret
LIndley, Robert B.
LIngle, Harold A. Tr
Loma Linda University
88=637475
Page 3
Macklinga, Pat Orr
Main, William D.
Mandic, Robert P. Jr.
Marow, Milton H.
Martinson, Don
McKenzie, Charles P.
Meyer, Richard W. Jr. Tr
Mills, Stanfell F.
Mitchell, James E.
Mola Development Corp.
Morton, Harold C.
Muniz, Joe
Niccole, Michael W.
Niccole, Michael Wayne
Nolff, Werner
Oliver, Ted
O'Neill, Peter T.
Orlando, Raymond John
Parks, Jann V.
Pedersen, A.M.
Perez, Miguel Vargas Tr
Peterson, Helen Vick
Pettitt, Margaret J.
Plunkett, Glenn P.
Powers, Mary E.
Ouine, Mercedes V.
Raboy, Nolan D.
Renner, Wilvian J. Tr
Ross, Lorna Tr
RSTGS Investment Group
S & C Oil Co., Inc.
Sailer, Daniel F.
Schuesler, John R.
Scott, William J.
Scouller, Emma F.
Shafer, Dickson Tr
Sherrill, Robert J.
Smith, Gyneth P.
Smith, Mary Ann
Smith, Raymond P.
Southern Calif. Edison
Spelts, Louis C.
Spelts, Louis
Stedd, Gregory J.
Stermann, Margaret J.
Sunderland, Robert C.
Swartz, Thelma G.
Taylor, Michael Lee
1 Telford, James L.
TEM Properties
Page 4
88..6374T5
Terry, Bill D.
Thomas, James Warren
Thomas, John A.
Thomas, Linda L.
Thompson, Dale E.
Tipton, Ferrol M.
Title Insurance and Trust
Townley, Nellie A.
Tunstall, Charles G. Tr
Tsai, James C.J.
Tsang, Samuel M.O.
Walker, Dorothy J.
Wallbank, Erik
Walter, Larry R.
Watson, Gordon M.
Weaver & Mola
Weir Donald A.
Weir Oil Co.
Weller, Stevens Tr
Wendland, Dale'A.
Western Homex Corp.
Wood, Dena Jeanne Zepeda
Woodson, Hiro
Woolpert, Duane V.
Worthy, Pearl N.
Wysocki, Louis Edward
Young, Norma D.
The foregoing instrument is a correct
copy of the original on file in thi office.
Attest-
City Clerk and Ex•officio Clerk of tho City
Council of the City of Huntington Beach,
California.
By - -- lime. .�%�i¢a6u)Deputy
NOTICE OF DETERMINATION . Nov Q 88
l ounty Clef
TO: Office.of Planning and Research FROM: (Public Agency L m pEPIJ
1400 Tenth Street, Room 121 City of Hunt ingt
Sacramento, CA 95814 _ ?Qno Main strPPt-
or
County Clerk Huntington Beach, CA 92648
County of flran�e
SUBJECT: Filing of Notice of Determination in compliance with Section 21108 o- 21152
of the Public Resources Code.
Reservoir Hill Water Main Environmental Assessment No. 88 44
Project Title
Kelly Main (714) 536-5271 '.
Sate Clearingnouse Number Contact Person Telephone Number
(If submitted to Clearinghouse) Water mins to be located in Edwards Street Between
Ellis Ave. and Garfield Ave. , in Goldenwest Street between Ellis Ave. anc
Clay Ave. , and in Garfield Ave. between Edwards St. and Main St.
Project Location
13, 200 lineal feet of water main to be located in the Reservoir Hill
Project Description area,
This is to advise that the
Lead -Agency or Responsible Agency)
has approved the above described project and has made the :ollowing determinations
regarding'the above •describes' project:
1. The project_ will, x will not, have a significant effect on the environment.
2. _ An Environmental Impact Report was prepared for this protect pursuant
to the provisions of CEQA.
x ..A Negative Dezlara:ion was j,rcpared for this, project pUrs:;ant :o the
provisions of CEQA.
The EIR or negative Declaration and record of project app.oval may be
examined at:
City of Hi,nti ngtnn Reach, Com_miini ty DPyP1�p mPnt _,__
_?Q00 Main Street, Huntington Beth. CA 92648 '(714) 536-5271
3. Mitigation measures x were, _were not, made a condition of the approval
of the project.
4. A statement of Overriding ,Considerations was, x was not, adopted for
this project.
Date Received for Filing
SignaturC
Assis ant Plann r
PUTY
Revised :'anuary 1985
_ _
Nz
a MO W-
UNITED STATES OF AMERICA i AN\
STATE OF CALIFORNIA _
s - - G31�®0 SQ�aC�D G3C�C�30�4I�aC�D � -
�� LIMITED OBLIGATION IMPROVEMENT BOND
IM CITY OF HUNTINGTON BEACH VW-
ASSESSMENT DISTRICT NO. 88-1 v `
(RESERVOIR HILL)
" INTEREST RATE: MATURITY DATE: BOND DATE: CUSIP:
- - JANUARY 17, 1989
.a
Under and by virtue of the"Improvement Bond Act of 1915".Division 10 of the Streets and Highways Code of the State of California(the"Act"),the REFERENCE IS MADE TO THE FURTHER PROVISIONS OF THIS BOND SET FORTH ON THE REVERSE HEREOF WHICH SHALL FOR ALL =
City of Huntington Beach.California(the"Agency")will,out of the redemption fund for the payment of the bonds issued upon the assessments made for PURPOSES HAVE THE SAME EFFECT AS THOUGH FULLY SET FORTH HEREIN. S3
the construction of certain public works of improvement m the Assessment DistncL being Assessment District No.MI(Reservoir Hill).more fully -
- described in Resolution of Intention No.5926.adopted by the City Council of the Agency on the 19dn day of September.1969,pay to the registered owner This bond shall not be entitled to any benefit under the Act or the Proceedings or became valid Or Obligatory for any purpose.until the Certifies"of - �r
stated above.or registered assigns.on the maturity data stated above.the principal sum stated above m lawful money of the United States of America. Authentication and Registration hereon endorsed shall he"been dated and signed by the fiscal agent of the - --
with interest trerecn from the interest paymerm oats neat the oats m whits ttris bard te autlertticaed end .unless this bad is _
-- - authenticated and registered as of an Interest pe,ment date. \\\\ \ \\\\ City of Huntington Beach.California,and
authenticated and registered m or prior a the first payment se its. l ni o pri urr� \\\ IT H \F ;�u �e Dy the Treasurer of the
i has been discharged,at the roe per annum stated above. ffi tie 1 a 0 rtyr � h\cenVC�n�' te ae \.yenx\ neon.all an the 17th day of January.1969.
CERTIFICATE OF AUTHENTICATION AND REGISTRATION
•; This Bona has been authenticated and registered pursuant to the Bond Indenture authoriz- CITY OF HUNTINGTON BEACH, CALIFORNIA '
Ing the issuance thereof.
BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, � ����
o as Fiscal Agent I .. ....... I)If
O�• c r•.tar I
a �u \1LJ V L 0:�,ir;i[rt2CrKC( o.Qi pTtl�i .L� 1
m AUTHORIZED OFFICER %/ ;e-' Z' ( p�• U J \ i•"
,r a O_ TREASURER CITY CLERK W �
DATED: /�II�CE\OUN`Y �c_ �It�t6.
\\002
LIMITED OBLIGATION IMPROVEMENT BOND
CITY OF HUNTINGTON BEACH
ASSESSMENT DISTRICT NO. 88-1
(RESERVOIR HILL)
This bond is one of several annual series of bonds of like date,tenor and effect,but differing in The bonds are issuable only as fully registered bonds in denominations of$5.000.00 or any integral
amounts,interest rates and maturities,issued by the Agency under said law for the purpose of providing multiple thereof,except for one bond maturing in the first year of maturity which includes the amount by
means for paying for the work and improvements described in said Resolution of Intention,and is which the total issue exceeds the maximum integral multiple of$5,000.00 contained therein.
secured by the monies in the redemption fund and by the unpaid assessments made for the payment of
said work,and,including principal and interest,is payable exclusively out of said fund. This bond is transferable by the registered owner hereof in person or by his attorney duly authorized
in writing at the office of the fiscal agent of the Agency,subject to the terns and conditions provided in the
The interest is payable semiannually,to wit:On the second day of March and September in each year Agency's system for registration for registered debt obligations,including the payment of certain charges.
hereafter,to the registered owner hereof by check or draft mailed to such owner at his address as it if any,upon surrender and cancellation of this bond.Upon such transfer a new registered bond or bonds
appears on the registration books of the Agency kept by the fiscal agent,or at such address as may have of any authorized denomination or denominations of the same maturity,for the same aggregate principal
been filed with the fiscal agent of the Agency for that purpose,as of the fifteenth day of the month amount,will be issued to the transferee in exchange therefor. -
immediately preceding said interest payment date;provided,that the first installment is for the interest to This bond,or a portion thereof it issued in a denomination greater Man$5,000.00,shall be subject to
the second day of March,1990:and thereafter,the interest installments are for the semiannual interest. redemption and payment in advance of maturity in increments of$5,000.00 as provided in Section 8768 of
the Act,on the second day of March or September in any year by giving the notice provided in said law to
This bond will continue to bear interest after maturity at the rate above stated;provided,it is the registered owner hereof at his address as it appears on the registration books of the fiscal agent of
presented at maturity and payment thereof is refused upon the sole ground that there are not sufficient the agency and by paying principal of and accrued interest on such redeemed amount,together with a
monies in said redemption fund with which to pay same.1f it is not presented at maturity,interest thereon premium equal to three percent(3%)of the redeemed principal amount.If less than the entire bond is
will run until maturity. redeemetl,the unredeemed portion shall be reissued to the registered owner thereof.
LEGAL OPINION
I hereby certify that the following is a lull and correct copy of a signed legal opinion of Brown&Diven,Attorneys at Law,on file in my office,which opinion is dated the date of the Bonds referred to therein.
CITY CLERK Of
CITY OF HUNTINGTON BEACH
ASSESSMENT DISTRICT NO.88-1
(RESERVOIR HILL)
1915 ACT LIMITED OBLIGATION IMPROVEMENT BONDS
BOND DATE:JANUARY 17,1989
We have examined the record of the proceedings of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH,CALIFORNIA(the'•A ency),for the levy of special assessments and authorization and issuance of
bonds upon unpaid assessments(the"Bonds")in what is known and designated as ASSESSMENT DISTRICT NO.88-1(RESERVOIR HILL)as set forth and described in a Resolution of Intention.being Resolution No.
5926,as approved and adopted by the City Council of said Agency.
Said proceedings were had and taken 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,with Bonds issued
pursuant to Me provisions of the"Improvement Bond Act of 1915",being Division 10 of said Code.This examination covers said proceedings down to and including Me issuance and execution of said Bonds by the
Treasurer.No examination has been made of the ownership and use of the property assessed.
Said Bonds,in the total principal amount of$1,653,904.59,are dated the 17th day of January.1989,and are issued in denominations of$S.DOD.00,or any integral multiple thereof,except for one Bond maturing in the
first year of maturity which includes the amount by which the total issue exceeds the maximum integral multiple of$5,000.00 contained therein.Said Bonds are issued in registered form as to both principal and interest
and are payable to the registered owner thereof out of the redemption fund for the payment of said Bonds at the once of the designated fiscal agent,with the first interest installment payable on March 2,1990,and interest
thereafter payable semiannually on September 2nd and March 2nd of each year with principal maturing on September 2nd of each subsequent year until paid.
From such examination,we are of the opinion that said proceedings have been taken in accordance with the laws,court decisions and Constitution of the State of California,and in substantial compliance with the
Provisions of the"Municipal Improvement Act of 1913",and that said Bonds,having been issued in duly authorized form and executed by the proper officials and delivered in the manner provided by law,are regularty
aSaed Bonds,and that the payment of each of said Bonds is secured by a valid assessment lien upon certain lands as described in said assessment.In the event of default in the pa ment of any installment of principal or
Interest,the land securing such installments and assessments shall be sold in the same manner in which real property is sold for the non-payment of general property taxes,and shall be subject to redemption in the some
manner and to the same extent that real property may be redeemed.
The Agency is not obligated in any way to advance available funds from the General Treasury to cure any deficiency which may occur in the redemption fund and is not obligated to become a purchaser at any tax sate•
and the only advancement of funds shall be from the special reserve fund.
There has been included in the bond issue a"special reserve fund",from which funds will be advanced to the redemption fund to assist in the payment of delinquent assessments,and said monies will also be used to
assist in the discharge of assessments.
As a cumulative remedy,if any assessment or installment thereof is not paid,the legislative body has ordered that the same be collected by an action brought in the Superior Court to foreclose the lien thereof.The
court shall have the power to decree a lien against the lot or parcel covered by the assessment and shall order the premises to be sold on execution as in other cases of the sale of real property.
The rights of the owners of the Bands and the enforceability thereof may be subject to bankruptcy,insolvency,reorganization and other similar laws affecting creditors'rights,or equitable principles relating to or
limiting creditors'rights.
The Bonds,or a portion thereof if issued in denominations greater than$5.000.00,shall be subject to redemption and payment in advance of maturity in increments of$5,000.00 as provided in Section 8768 of the Act,
on the second day of March or September in any year by giving the notice provided in said taw to the registered owner thereof at his address as it appears on the ragtstraflon books of the Agency and by paying principal of
and accrued interest on such redeemed amount,together with a premium equal to three percent(3%)of the redeemed principal amount.If less than an entire Bond is redeemed,the unredeemed portion shall be reissued
to the registered owner thereof.
In our opinion,the interest on said Bonds is excluded from gross Income for Federal income tax purposes and is not an item of tax preference for purposes of the Federal alternative minimum tax imposed upon
individuals and corporations:it should be noted,however,that for the purpose of computing the alternative minimum tax imposed on corporations(as defined for Federal income tax purposes),such Interest is taken into
account in determining adjusted net book income(adjusted current earnings for taxable years beginning after December 31,1989).This opinion presumes that the Agency complies with all requirements of the Internal
Revenue Code of 1986 that must be satisfied subsequent to the issuance of the Bonds in order that interest thereon be,or continue to be,excluded from gross income for Federal income tax purposes.The Agency has
covenanted to comply with each such requirement.Failure to comply with such requirements may cause the inclusion of interest on the Bonds in gross income for Federal income tax purposes to be retroactive to the date
Of issuance of the Bonds.
In our opinion the interest on the Bonds is exempt from personal income taxation by the State of California.
Respectfully submitted,
BROWN&DIVEN
ASSIGNMENT
For value'received hereby sells,
assigns and transfers untie
the within-mentioned Bond and hereby irrevocably constitutes and appoints
attorney,
to transfer the same on the books of the Paying Agent with full power of substitution in the premises.
Dated:
NOTE:The signature to this assignment must correspond with the name as written on
the face of the within Bond in every particular,without afteration or enlargement
or any change whatsoever.
Signature Guaranteed:
BOND INDENTURE
This Bond Indenture (the "Indenture") dated as of December 19, 1988, entered into and
approved by the City of Huntington Beach (the "Issuer") , a municipal corporation, to
establish the terms and conditions pertaining to the issuance of bonds in a special
assessment district known and designated as ASSESSMENT DISTRICT NO. 88-1 (RESERVOIR
HILL) (the "Assessment District") .
SECTION 1. Issuance, Designation and Amount. Pursuant to the provisions of the
"Improvement Bond Act of 1915" (the "Act"), being Division 10 of the
Streets and Highways Code of the State of California, the Issuer does
hereby authorize the issuance of bonds to represent unpaid assessments
within the Assessment District in principal amount of $1,653,904.59 and
designated as the City of Huntington Beach, Assessment District No. 88-1
(Reservoir Hill) Limited Obligation Improvement Bonds (the "Bonds") .
SECTION 2. Unpaid Assessments. The Issuer shall, immediately upon the completion
of the 30-day cash collection period, determine the assessments which
are unpaid and the aggregate amount thereof as authorized by Section
8621 of the Act.
SECTION 3. Term of Bonds. Bonds to represent the unpaid assessments, and bear
interest at a rate not to exceed the current legal maximum rate of 12%
per annum,. will be issued in the manner provided in the Act the last
installment of which Bonds shall mature not later than nineteen (19)
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 assess-
ments and the calling of Bonds shall apply. Pursuant thereto, whenever
an owner of land subject to assessment, except the owner of land which
has been ordered to judicial foreclosure pursuant to Section 8830 of
the Act, elects to pay off an unpaid assessment pursuant to said Part
11.1, the Treasurer shall collect from such owner the total of the
following sums:
(a) The amount of any delinquent installments of principal and
interest , together with penalties accrued to the date of
prepayment.
(b) The unpaid, nondelinquent principal of the assessment, including
principal posted to the tax roll for the current fiscal year but
not yet paid.
(c) An allowance for redemption premium, calculated by multiplying the
amount of the unmatured principal by 3%. Unmatured principal
excludes principal due during the fiscal year of prepayment.
(d) A reasonable fee, fixed by the Treasurer, for the cost of adminis-
tering the prepayment and the advance retirement of Bonds.
1
(e) Interest accrued to the next call date of the Bonds. The next
call date shall be the next bond interest payment date which is
not less than 90 days after the date of prepayment. Credit shall
be given, or a refund provided, for installments of interest
posted to the current tax roll and actually paid.
SECTION 4. Registered- Bonds. Said Bonds shall be issuable only as fully regis-
tered Bonds in the denomination of $5,000, or any integral multiple
thereof, except for one bond maturing in the first year of maturity,
which shall include the amount by which the total issue exceeds the
maximum integral multiple of $5,000 contained therein.
SECTION 5. Date of Bonds. All of said Bonds shall be dated the 17th day of
January, 1989, and interest shall accrue from that date.
SECTION 6. Maturity and Denomination. The Bonds shall be issued in serial form
with annual maturities on September 2nd of every year succeeding twelve
(12) months after their date, until the whole is paid. The amount
maturing each year shall be such as to result in approximately equal
annual debt service during the term of the issue as reflected by the
interest rate and/or rates and principal amounts maturing in the respec-
tive years of maturity as shown on Exhibit "A" attached hereto and
incorporated herein by this reference, and the Issuer shall, imme-
diately upon completion of the cash collection period, prescribe the
denominations of the Bonds, which shall be in convenient amounts, not
necessarily equal, and shall further provide for their issuance and
delivery.
SECTION 7. Interest. Each Bond shall be of a single maturity and shall bear
interest at the rate as set forth in Exhibit "A" attached hereto for
said Bonds from the interest payment date next preceding the date on
which it is authenticated and registered, unless said Bond is authenti-
cated and registered between the 15th day of the month preceeding said
interest payment date and an interest payment date, in which case it
shall bear interest from said interest payment date, or unless said
Bond is authenticated and registered prior to the first interest
payment date, in which case it shall bear interest from its date, until
payment of its principal sum has been discharged.
SECTION 8. Place of Payment. The principal on the Bonds shall be payable in
lawful money of the United States of America upon surrender of the Bond
at the corporate trust office of Bank of America National Trust and
Savings Association, the designated fiscal agent, registrar, transfer
agent and paying agent of the Issuer ("Fiscal Agent") in San Francisco,
California, or such other fiscal agent, registrar, transfer agent or
paying agent as may be designated by subsequent Resolution of the
Issuer.
Interest on said Bonds shall be paid on March 2 and September 2 of each
year, commencing March 2, 1990, by check or draft to the registered
owner thereof at his address as it appears on the books of registra-
tion, or at such address as may have been filed with the Fiscal Agent
for that purpose, as of the 15th day immediately preceding said
interest payment date.
2
SECTION 9. Redemption. Any Bond, or a portion thereof if issued in a denomination
greater than $5,000, shall be subject to redemption and payment in
advance of maturity in increments of $5,000 on the 2nd day of March or
September in any year, by giving notice thereof to the registered owner
thereof at his address as it appears on the books of registration and
by paying principal of and accrued interest on such redeemed amount,
together with a premium equal to three. percent (3%) of the redeemed
principal amount. If less than the entire Bond is- redeemed, a new bond
in the amount of the unredeemed portion shall . be delivered to the
registered owner thereof.
The Treasurer shall provide the Fiscal Agent with written directions to
redeem the Bonds or any portion thereof at least ten (10) days prior to
the date on which the Fiscal Agent shall be required to give notice of
such redemption to the owner of any Bond to be redeemed. Notice of
redemption shall be given by the Fiscal Agent in writing to the owner
of the Bond by registered or certified mail or personal service.
Service or mailing of the notice shall be made at least 30 and no more
than 60 days before the date fixed for redemption.
The Fiscal Agent shall select Bonds for redemption in such a way that
the ratio of outstanding Bonds to issued Bonds shall be approximatley
the same in each annual series insofar as possible. Within each annual
series, Bonds shall be selected for retirement by lot.
If notice of redemption is given, the Bond shall mature and become
payable on the date fixed for redemption in the notice. The owner of
the Bond may, prior to the date of redemption, with the consent of the
Treasurer, surrender it and receive the principal and interest thereon
to the date of payment together with the redemption premium. If the
Bond has not been sooner surrendered on the date fixed for redemption,
the Fisal Agent shall set aside to the credit of the owner of the Bond
the amount of principal and accrued interest then due on the
Bond,together with the redemption premium, and the Bond shall then be
deemed to have matured and interest shall cease to accrue on the Bond.
The amount so set aside shall, upon demand and upon the surrender and
cancellation of the Bond, be paid to the owner of the Bond.
SECTION 10. Transfer of Registered Bonds. Any fully registered Bond may, in accor-
dance with its terms, be transferred upon the books of registration
required to be kept pursuant to the provisions of Section 12 by the
owner in whose name it is registered, or by his duly authorized
attorney or legal representative, upon surrender of such fully regis-
tered Bond for registration of such transfer, accompanied by delivery
of a written instrument of transfer in a form approved by the Fiscal
Agent and by the owner of said Bond, duly executed.
The Fiscal Agent shall require the payment by the Bondholder requesting
such transfer of any tax or other governmental charge required to be
paid with respect to such transfer and such charges as provided for in
the system of registration for registered debt obligations.
3
No transfer of fully registered Bonds shall be required to be made
between the fifteenth (15th) day next preceding each interest payment
date, nor during the fifteen (15) days preceding the selection of any
Bonds for redemption prior to the maturity thereof, nor with respect
to any Bond which has been selected for redemption prior to the
maturity thereof.
SECTION 11. Exchange of Registered Bonds. Fully registered Bonds may be exchanged
at the office of the Fiscal Agent for alike aggregate principal amount
of Bonds of the .same series, interest rate and maturity, subject to the
terms and conditions provided in the system of registration for the
Bonds, including the payment of certain charges, if any, upon surrender
and- cancellation of such Bond. Upon such transfer and exchange, a new
registered Bond or Bonds of any authorized denomination or denomina-
tions of the same maturity for the same aggregate principal amount will
be issued to the transferee in exchange therefor.
SECTION 12. Books of Registration. There shall be kept by the Fiscal Agent suffi-
cient books for the registration and transfer of the Bonds and, upon
presentation 'for such purpose, the Fiscal Agent shall, under such
reasonable regulations as it may prescribe, register or transfer or
cause to be registered or transferred, on said register, Bonds as
hereinbefore provided.
SECTION 13. • Execution of Bonds. The Bonds shall be executed in facsimile by *the
Treasurer and by the City Clerk, and the corporate seal shall be
imprinted in facsimile on the Bonds. The Bonds shall then be delivered
to the Fiscal, Agent for authentication and registration. In case an
officer who shall have signed or attested to any of the Bonds by
facsimile or otherwise shall cease to be such officer before the authen-
tication, delivery and issuance of the Bonds, such Bonds nevertheless
may be authenticated, delivered and issued, and upon such authentica-
tion, delivery and issue, shall be as binding as though those who
signed and attested the same had remained in office.
SECTION 14. Authentication. Only such of the Bonds as shall bear thereon a certifi-
cate of authentication substantially in the form below, manually
executed by the Fiscal Agent, shall be valid or obligatory for any
purpose or entitled to the benefits of this Indenture, and such certifi-
cate of the transfer agent and registrar shall be conclusive evidence
that the Bonds so authenticated have been duly executed, authenticated
and delivered hereunder, and are entitled to the benefits of this
Indenture.
FORM OF CERTIFICATE OF AUTHENTICATION AND REGISTRATION
This bond has been authenticated and registered pursuant
to the Bond Indenture authorizing the issuance thereof.
BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION
as Fiscal Agent
By:
Authorized Officer
Dated:
4
SECTION 15. Ownership of Bonds. The person in whose name any Bond shall be regis-
tered shall be deemed and regarded as the absolute owner thereof for
all purposes, and payment of or on account of the principal and redemp-
tion premium, if any, of any such Bond, and the interest on any such
Bond, shall be made only to or upon the order of the registered owner
thereof or his legal representative. All such payments shall be valid
and effectual to satisfy and discharge the liability upon such Bond,
including the redemption premium, if any, and interest thereon, to the
extent of the sum or sums so paid.
SECTION 16. Mutilated, Destroyed, Stolen or Lost Bonds. In case any Bond secured
hereby shall become mutilated or be destroyed, stolen or lost, the
Issuer shall cause to be executed and authenticated a new Bond of like
date and tenor in exchange and substitution for and upon the cancella-
tion of such mutilated Bond or in lieu of and in substitution for such
Bond mutilated, destroyed, stolen or lost, upon the owner's paying the
reasonable expenses and charges in connection therewith, and, in the
case of a Bond destroyed, stolen or lost, his filing with the Fiscal
Agent and Issuer of evidence satisfactory to them that such Bond was
destroyed, stolen or lost, and of his ownership thereof, and furnishing
the Fiscal Agent and Issuer with indemnity satisfactory to them.
SECTION 17. Cancellation of Bonds. All Bonds paid or redeemed, either at or before
maturity, shall be cancelled upon the payment or redemption of such
Bonds, and shall be delivered to the Fiscal Agent when such payment or
redemption is made. All Bonds cancelled under any of the provisions of
this Indenture shall be destroyed as provided by law by the Fiscal
Agent, which shall execute a certificate in duplicate describing the
Bonds so'destroyed, and Fiscal Agent shall retain one executed certifi-
cate in its permanent files for the issue and shall forward the dupli-
cate copy to the Issuer for its permanent files.
SECTION 18. Creation of Funds. The Fiscal Agent is hereby authorized and directed
to establish the following Funds for purposes of making payment for the
costs and expenses for the works of improvement and payment of
principal and interest on the Bonds. The Funds to be created are desig-
nated as follows:
IMPROVEMENT FUND: The proceeds from the sale of the Bonds, after
deposit of required amounts in the Reserve'.Fund and Redemption Fund as
specified by the Issuer in the instructions to the Fiscal Agent
delivered prior to the Bond closing, shall be placed by the Fiscal
Agent in the Fund hereby created, pursuant to Sections 10602 and 10424
of the California Streets and Highways Code, as amended, which shall be
called the "Improvement Fund", and the monies in said Fund shall be
used only for Project Costs as that term is defined hereinafter.
"Project Costs" shall mean the costs of acquisition or construction of
the works of improvement as authorized in the assessment proceedings
and all incidental costs related thereto, all as more particular
described in the Final Engineer's Report for Assessment District No.
88-1 (Reservoir Hill) , City of Huntington Beach, on file in the office
of the City Clerk.
5
Upon receipt of a duly executed "Payment Request Form" in substantially
the form attached hereto as Exhibit "B", the Fiscal Agent shall pay the
Project Costs from amounts in the Improvement Fund directly to the
contractor or such other person, corporation or entity entitled to
payment hereunder unless. the Issuer requests payment to be made to the
contractor or such other party jointly, in which case said Project
Costs shall be paid jointly. The Fiscal Agent shall be responsible for
the safekeeping and investment of the monies held in the Improvement
Fund and the disposition thereof in accordance with this Section. The
Fiscal Agent may rely on an executed Payment Request Form as complete
authorization for said payments.
Any surplus in the Improvement Fund after completion of the improve-
ments shall remain in the Improvement Fund for a period of not less
than two (2) nor more than three (3) years from the receipt of Bond
proceeds and thereafter shall be utilized or distributed as determined
by the Issuer in accordance with Streets and Highways Code Section
10427.1.
REDEMPTION FUND: The Fiscal Agent is hereby authorized and directed to
keep a Redemption Fund designated by the name of the proceedings, into
which shall be placed (i) accrued interest, if any, on the Bonds, (ii)
an amount representing interest on the Bonds to September 1, 1989,
(iii) all sums received for the collection of the assessments and the
interest thereon, together with all penalties, if applicable, and (iv)
any surplus in the Improvement Fund authorized by the Issuer pursuant
to Streets and Highways Code Section 10427.1 to be credited against
unpaid assessments.
The Issuer shall transfer or cause to be transferred all sums received
for the collection of the assessments, interest and penalties thereon,
and all sums received for the prepayment of assessments to the Fiscal
Agent within fifteen (15) business days of the receipt thereof by the
Issuer.
Principal of and interest on said Bonds shall be paid by the Fiscal
Agent to the registered owners out of the Redemption Fund to the extent
funds on deposit in said Redemption Fund are available therefor created
pursuant to Section 8671 of the Act. In all respects not recited
herein, said Bonds shall be governed by the provisions of the Act.
Under no circumstances shall be the Bonds or interest thereon be paid
out of any other fund except as provided by law.
RESERVE FUND: Pursuant to Part 16 of the Act the Fiscal Agent shall
create a special reserve fund for the Bonds to be designated by the
name of the Assessment District and specified as the "Reserve Fund".
An amount equal to six percent (6%) of the original Bond proceeds shall
be deposited in the Reserve Fund out of said Bond proceeds.
Monies in the Reserve Fund shall be applied by the Fiscal Agent as
follows:
6
A. Whenever there are insufficient funds in the Redemption Fund to pay
the next maturing installment of principal of or interest on the
Bonds, the Fiscal Agent shall transfer the amount necessary to make
up such deficiency from the Reserve Fund to the Redemption Fund.
The amounts so advanced from the Reserve Fund shall be reimbursed
by the Issuer from the proceeds of the redemption or sale of the
parcels for which payment of delinquent installments of assessments
and interest thereon have been made from the Reserve Fund. Such
proceeds shall be transferred by the Issuer to the Fiscal Agent
within fifteen (15) business days of receipt thereof by the Issuer
and the Fiscal Agent shall immediately deposit such proceeds in the
Reserve Fund.
B. Interest earned on the permitted investment of monies on deposit in
the Reserve Fund shall remain in the Reserve Fund so that the
amount therein may accumulate to and subsequently be maintained at
the "Reserve Requirement". The Reserve Requirement shall be an
amount equal to the lesser of (i) the Maximum Annual Debt Service
on the Bonds, (11) 125% of the average annual debt service on the
Bonds, or (111) 6% of the original principal amount of the Bonds.
Annual Debt Service on the Bonds for each year ending September 2nd
shall equal the sum of (a) the interest falling due on the outstand-
ing Bonds in such 12 month period, assuming that the outstanding
Bonds are retired as scheduled, and (b) the principal amount of
outstanding Bonds falling due during such 12 month period.
"Average Annual Debt Service" shall mean the average Annual Debt
Service during the term of the Bonds. "Maximum Annual Debt
Service" shall mean, as computed from time to time, the largest
Annual Debt Service during the period from the date of such computa-
tion through the final maturity of any outstanding Bonds.
C. on July 15 of each fiscal year the amount on deposit in the Reserve
Fund in excess of the Reserve Requirement shall be transferred by
the Fiscal Agent from the Reserve Fund to the Redemption Fund and
shall be credited to the unpaid assessment installments payable
during each year during which any part of the Bonds remain outstand-
ing. The Auditor's record, prepared pursuant to Section 8682 of
the Streets and Highways Code, shall reflect the credits against
each of the unpaid assessments in the manner provided in Streets
and Highways Code Section 10427.1 in amounts equal to each parcel's
proportionate share of such transfer.
D. All sums remaining in the Reserve Fund in the year in which the
last installments of the assessments become due and payable shall
be credited toward the assessments as follows:
Prior to June 30th of the Fiscal Year next preceding the Fiscal
Year in which the last unpaid assessment installment becomes due
and payable, the Fiscal Agent shall determine the amount remaining
in the Reserve Fund, if any, after all sums advanced and interest
thereon have been reimbursed, and shall notify the Issuer of such
determination. The Issuer shall order any remaining amount to be
distributed and/or credited in the manner set forth in Streets and
Highways Code Section 10427.1, provided only that where all or any
7
part of such assessments remain unpaid and are payable install-
ments, the amount apportioned to each parcel shall be credited
against the last unpaid assessment installment, then such excess
shall be credited against the next to last unpaid assessment
installment.
Whenever the balance in the Reserve Fund is sufficient to retire
all remaining outstanding Bonds in the issue, whether by advance
retirement or otherwise, the Issuer shall cease collection of the
principal and interest on the assessments shall be discontinued and
the Reserve Fund shall be liquidated in retirement of the Bonds.
In the event that the balance in the fund at the time of liquida-
tion exceeds the amount required to retire all outstanding Bonds in
the issue, the excess shall be returned to the Issuer who shall
apportion to each parcel upon which the individual assessment
remained unpaid at the time the balance in the Reserve Fund was
sufficient to retire all outstanding Bonds in the issue. The
payments shall be made in cash to the respective owners of the
parcels except that, if the excess is not greater than one thousand
dollars ($1,000) , the excess may be transferred to the General Fund
of the Issuer.
E. In the event an unpaid assessment is. paid in cash in advance of the
final Bond maturity date, the Issuer is required to credit such
prepaid assessment with a proportionate share of the Reserve Fund,
thus reducing the total amount of the Reserve Fund. The amount to
be so credited is six percent (6%) of the original amount of the
assessment being prepaid (i.e. , the original pro-rata amount
deposited in the Reserve Fund) , less any amount previously trans-
ferred from the Reserve Fund to the Redemption Fund as a result of
the delinquency in the payment of assessment installments for the
parcel for which the assessment is being prepaid. The Issuer shall
direct the Fiscal Agent in writing to transfer the amount represent-
ing such credit from the Reserve Fund to the Redemption Fund.
SECTION 19. Rebate Fund. The Fiscal Agent shall maintain the Rebate Fund separate
from any other fund established and maintained hereunder. The Fiscal
Agent shall transfer into the Rebate Fund all amounts required by the
Issuer to . be transferred in accordance with the provisions of the
Arbitrage Rebate Provisions attached hereto as Exhibit "C". Subject to
the provisions of said Arbitrage Rebate Provisions, amounts on deposit
in the Rebate Fund shall only be applied to payments made to the United
States in accordance with written instructions of the Issuer. Notwith-
standing any other provisions of this Indenture, all earnings on
amounts on deposit in the Rebate Fund shall remain therein until paid
to the Federal government. The Fiscal Agent shall have no responsibi-
lity under this Section or the Arbitrage Rebate Provisions other than
to transfer money into the Rebate Fund and to pay such amounts to the
Federal government, all at the Issuer's direction.
SECTION 20. Investments. Obligations purchased as investments of monies in any of
the funds and accounts in which investments are authorized shall be
deemed at all times to be part of such funds and accounts. Except as
8
provided in Section 18 hereof with respect to the Reserve Fund and
Section 19 hereof with respect to the Rebate Fund, all investment
earnings on monies held under this Indenture shall, prior to the
earlier of (i) the substantial completion of the works of improvement,
which shall be established by receipt by Fiscal Agent of a written
notice signed by the Treasurer of the Issuer stating that the autho-
rized improvements have been completed, (ii) February 15, 1992, or
(iii) the date on which an amount equal to the Bond proceeds allocable
to the works of improvement and authorized incidental expense have been
expended ("Completion Date"), be deposited into the Improvement Fund.
After the Completion Date, all such investment earnings shall be
deposited in the Redemption Fund. Subject to the restrictions set
forth herein, monies in said funds and accounts may from time to time
be invested by the Fiscal Agent at the written direction of the
District, or if no such written direction is given, in Authorized
Investments (as defined hereinafter) described in (8) of the definition
of such terms, provided that:
(a) Monies in the Improvement Fund shall be invested in obligations
which will by their terms mature as close as practicable to the
date the Issuer estimates the monies represented by the particular
investment will be needed for withdrawal from such fund;
(b) Monies in the Redemption Fund shall be invested only in obliga-
tions which will by their terms mature on such dates so as to
ensure the payment of principal of and interest on the Bonds as
the same become due; and
(c) Half of the monies in the Reserve Fund may be invested in obliga-
tions which shall mature not more than five (5) years from the
date of purchase by the Fiscal Agent and the balance may be
invested in obligations which shall mature not more than ten years
from the date of purchase by the Fiscal Agent, provided that no
such obligation shall mature later than the final maturity of the
Bonds.
The Fiscal Agent shall sell at the beat price obtainable or present for
redemption any obligations so purchased whenever it may be necessary to
do so in order to provide monies to meet any payment or transfer for
such funds and accounts or from such funds and accounts. For the
purpose of determining at any given time the balance. in any such funds
or accounts, any such investments constituting a part of such funds and
accounts shall be valued at the lesser of their market value or cost.
Notwithstanding anything herein to the contrary, the Fiscal Agent shall
not be responsible for any loss from any investments pursuant to this
Indenture.
"Authorized Investments" means any of the following to the extent such
securities are eligible for the legal investment of funds of the
District:
(1) United States Treasury notes, bonds, bills or certificates of
indebtedness, or those for which the faith and credit of the
United States is pledged for the payment of principal and
interest;
9
(2) Time certificates of deposit or negotiable certificates of deposit
issued by a state or nationally chartered bank or trust company,
including the Fiscal Agent, or a state or federal savings and loan
association; provided, that such certificates of deposit shall be
( i ) continuously and fully insured by the Federal Deposit
Insurance Corporation or the Federal Savings and Loan Insurance
Corporation, or (ii) issued by any bank or trust company organized
under the laws of any state of the United States of America or any
national banking association (including the Fiscal Agent) having a
combined capital and .surplus of at least one hundred million
dollars ($100,000,000) , and such certificates shall have maturi-
ties of six (6) months or less, or (iii) continuously and fully
secured by such securities as are described in clause (1) above,
which securities shall have a market value (as determined on a
marked-to-market basis calculated at least weekly, and exclusive
of accrued interest) of not less than the principal amount of such
certificates of deposit;
(3) Bills of exchange or time drafts drawn on and accepted by a commer-
cial bank (including the Fiscal Agent) , otherwise known as
bankers' acceptances, which are eligible for purchase by members
of the Federal Reserve System; provided, that purchases of
eligible bankers' acceptances may not exceed two hundred seventy
(270) days' maturity;
(4) Commercial paper of "prime" quality of the highest ranking or of
the highest letter and numerical rating as provided by either
Moody's or Standard& Poor'B, which commercial paper is limited to
issuing corporations that are organized and operating within the
United States of America and that have total assets in excess of
five hundred million dollars ($500,000,000) and that have an "A"
or higher rating for the issuer's debentures, other than commer-
cial paper, as provided by either Moody's or Standard & Poor's;
provided, that purchases of eligible commercial paper may not
exceed one hundred eighty (180) days' maturity nor represent more
than ten percent (10%) of the outstanding commercial paper of an
issuing corporation;
(5)_ Any repurchase agreement with any bank or trust company organized
under the laws of any state of the United States of America
(including the Fiscal Agent) or any national banking association
or government bond dealer reporting to, trading with and recog-
nized as a primary dealer by, the Federal Reserve Bank of New
York, which agreement is secured by any one or more of the
securities described in clause (1) above; provided, that the under-
lying securities are (i) required by the repurchase agreement to
be held by any such bank, trust company or primary dealer having a
combined capital and surplus of at least one hundred million
dollars ($100,000,000) and being independent of the issuer of such
repurchase agreement, and (ii) maintained at a market value (as
determined on a marked-to-market basis calculated at least weekly)
of not less than the amount so invested;
10
(6) Bonds, notes, warrants or other evidence of indebtedness of the
State of California or of any political subdivision or public
agency thereof which are rated in one of the two highest short-
term or long-term rating categories by either Moody's or Standard
& Poor's; and
(7) Any other investment directed by the Issuer in which the Bond
proceeds may be legally invested as permitted in the determination
of the Issuer by Government Code Sections 53601 and 53635.
(8) Shares of a diversified open-end management investment company (as
defined in the Investment Company Act of 1940) or shares in a
regulated investment company (as defined in Section 851(a) of the
Code) that is (a) a money market fund -that has been rated in the
highest rating category by Moody's Investors Service and "AAAm" or
"AAAm-G" , by Standard & Poor's Corporation or (b) money market
accounts of the Fiscal Agent or any state or federal bank that is
rated at least "P-1" or "Aaa" by Moody's Investors Service and at
least "A-1" or "AAA" by Standard & Poor's Corporation or whose one
bank holding company parent is rated at least "A-1" or "AAA" by
Standard & Poor's and at least "P-1" or "Aaa" by Moody's Investors
Service.
SECTION 21. No Issuer Liability. It is hereby further determined and declared that
the Issuer. will not obligate itself to advance any available funds from .
its Treasury to cure any deficiency or delinquency which may occur in
the Redemption Fund by failure of property owners to pay annual special
assessments. This determination shall be clearly set forth and stated
in the title of the Bonds to be issued pursuant to these proceedings as
authorized and required by Section 8769 of the Act.
SECTION 22. Covenant to Foreclose. It is hereby further determined and declared
that the Issuer will not obligate itself to advance any available funds
from its Treasurys 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 of the Bonds to be issued pursuant to
these proceedings as authorized and required by Section 8769 of the
Streets and Highways Code of the State of California.
SECTION 23. Covenant to Maintain Tax-Exempt Status. The Issuer covenants that it
will not make any use of the proceeds of the Bonds issued hereunder
which would cause the Bonds. to become "arbitrage bonds" subject to
Federal income taxation pursuant to the provisions of Section 148(a) of
the Code, or to become "Federally-guaranteed obligations" pursuant to
the provisions of Section 149(b) of the Code, or to become "private
activity bonds" pursuant to the provisions of Section 141(aj of the
Code. To that end, the Issuer will comply with all applicable require-
ments of the Code and all regulations of the United States Department
of Treasury issued thereunder to the extent such requirements are, at
the time, applicable and in effect. Additionally, the Issuer agrees to
implement and follow each and every recommendation provided by Bond
Counsel and deemed to be necessary to be undertaken by the Issuer to
ensure compliance with all applicable provisions of the Code in order
to preserve the exclusion from gross income of interest on the Bonds
from Federal income taxation.
11
SECTION 24. Covenant Regarding Arbitrage. The Issuer shall not take or permit nor
suffer to be taken any action with respect to the gross proceeds of the
Bonds as such term is defined under the Code which, if such action had
been reasonably expected to have been taken, or had been deliberately
and intentionally taken, on the date of issuance of the Bonds, would
have caused the Bonds to be "arbitrage bonds" within the meaning of
Section 148 of the Code and the regulations promulgated thereunder.
SECTION 25. Order to Print and Authenticate Bonds. The. Treasurer is hereby
instructed to cause Bonds, as set forth above, to be printed, and to
proceed to cause said Bonds to be authenticated and delivered to an
authorized representative of the purchaser, upon payment of the
purchase price as set forth in the accepted proposal for the sale of
Bonds.
SECTION 26. Arbitrage Certificate. On the basis of the facts, estimates and circum-
stances now in existence and in existence on the date of issue of the
Bonds, as determined by the Treasurer, said Treasurer is hereby autho-
rized to certify that it is not expected that the proceeds of the issue
will be used in a manner that would cause such obligations to be
arbitrage Bonds. Such certification shall be delivered to the
purchaser together with the Bonds.
SECTION 27. Fiscal Agent. The Issuer hereby appoints BANK OF AMERICA NATIONAL
TRUST AND SAVINGS ASSOCIATION as Fiscal Agent for the Bonds. The
Fiscal Agent is hereby authorized to and shall mail interest payments
to the Bondowners, select Bonds for redemption, give notice. of redemp-
tion of Bonds, maintain the Bond register and maintain and administer
the Redemption Fund, the Reserve Fund, the Improvement Fund and the
Rebate Fund. The Fiscal Agent is hereby authorized to pay the
principal of and premium, if any, on the Bonds when the same are duly
presented to it for payment at maturity or on call and redemption, to
provide for the registration of transfer and exchange of Bonds
presented to it for such purposes, to provide for the cancellation of
Bonds, all as provided in this Indenture, and to provide for the authen-
tication of Bonds, and shall perform all other duties assigned to or
imposed on it as provided in this Indenture. The Fiscal Agent shall
keep accurate records of all funds administered by it and all Bonds
paid and discharged by it. The Fiscal Agent initially appointed, and
any successor thereto, may be removed by the Issuer and a successor or
successors may be appointed. So long as any Bonds are outstanding and
unpaid the Fiscal Agent and any successor or successors thereto desig-
nated by the Issuer shall continue to be Fiscal Agent of the Issuer for
all of said purposes until the designation of a successor or successors
as Fiscal Agent. The Issuer shall compensate the Fiscal Agent for the
performance of its services hereunder pursuant to the Fiscal Agent
Agreement.
A Fiscal Agent appointed hereunder may resign at any time upon 90 days,
written notice and after appointment of a successor. Upon merger,
consolidation or reorganization of a Fiscal Agent, the Issuer will
appoint a new Fiscal Agent, which may be the corporation resulting from
such reorganization.
12
SECTION 28. Liability of Fiscal Agent. The recitals of fact and all promises,
covenants and agreements contained herein and in the Bonds shall be
taken as statements, promises, covenants and agreements of the Issuer,
and the Fiscal Agent assumes no responsibility for the correctness of
the same and makes no representations as to the validity or sufficiency
of this Indenture or of the Bonds, and shall incur no responsibility in
respect thereof other than in connection with its duties or obligations
herein, or in the Bonds or in the certificate of authentication
assigned to or imposed upon the Fiscal Agent. The Fiscal Agent shall
be under no responsibility or duty with respect to the issuance of the
Bonds for value. The Fiscal Agent shall not be liable in connection
with the performance of its duties hereunder, except for its own negli-
gence or willful misconduct. The Fiscal Agent shall be protected in
acting on any notice, resolution, request, consent, certificate or
' other document believed by it to be genuine and to have been signed or
presented by the.proper party.
The Issuer further covenants and agrees to indemnify and save the
Fiscal Agent harmless against any lose, expense and liabilities which
it may incur arising out of or in the exercise and performance of its
powers and duties hereunder, including the costs and expenses of defend-
ing against any claim or liability, but excluding liabilities which are
due to the Fiscal Agent's negligence of willful misconduct. The obliga-
tion of the Issuer under this Section shall survive resignation or
removal of the Fiscal Agent under this Indenture and payment of the
Bonds and discharge of this Indenture.
IN WITNESS WHEREOF, the Issuer has executed this Bond Indenture effective the date
first written hereinabove.
CITY MANAGER
CITY OF HUNTINGTON BEACH
STATE OF CALIFORNIA
13
EXHIBIT "A"
MATURITY SCHEDULE
YEAR PRINCIPAL INTEREST RATE
1990 3,904.59 6.50%
1991 40,000.00 6.70%
1992 45,000.00 6.90%
1993 50,000.00 7.00%
1994 50,000.00 7.20%
1995 55,000.00 7.40%
1996 60,000.00 7.50%
1997 65,000.00 7.60%
1998 70,000.00 7.70%
1999 75,000.00 7.80%
2000 80,000.00 7.90%
2001 85,000.00 7.90%
2002 90,000.00 8.00%
2003 100,000.00 8.00%
2004 105,000.00 8.00%
2005 115,000.00 8.10%
2006 125,000.00 8.10%
2007 135,000.00 8.10%
2008 145,000.00 8.10%
2009 160,000.00 8.10%
14
EXHIBIT "B"
PAYMENT REQUEST FORM
(Attach duplicate original of Payee's
statement(s) or invoice(s) )
( ) PROGRESS PAYMENT
( ) FULL/FINAL PAYMENT
The Fiscal Agent is hereby requested to pay from the City of Huntington Beach,
Assessment District No. 88-1 (Reservoir Hill) Improvement Fund established by the
Bond Indenture dated December 19, 1988, to the person, corporation or other entity
designated below as Payee, the sum set forth below such designation, in payment of
the .Project .Costs described below. The amount shown below is due and payable under
a purchase order, contract or other authorization with respect to the Project Costs
described below and has not formed the basis of any prior request for payment.
Payee:
Address:
Amount: $
Description of Project Costs or portion thereof accepted by the Treasurer on behalf
of Assessment District No. 88-1 (Reservoir Hill) , and authorized to be paid to the
Payee:
Executed by Authorized Representative of the
City of Huntington Beach on behalf of Assessment
District No. 88-1 (Reservoir Hill)
Signature:
Name:
Title:
Dated:
Payment Request No.
15
EXHIBIT "C"
ARBITRAGE. REBATE INSTRUCTIONS
DEFINITIONS
For purposes -of these instructions, the following terms shall have the meanings set
forth below:
Bond Year. The term "Bond Year" means the 12 month period commencing on the
Delivery Date of the Bonds and each 12 month period thereafter.
Code. The term "Code" means the Internal Revenue Code of 1986, as amended.
Delivery Date. The term "Delivery Date" means the date the Bonds are delivered to
the initial purchaser.
Excess Investment Earnings. The term "Excess Investment Earnings" means an amount
equal to the sum of:
(1) The excess Of
(a) The aggregate amount earned from the date of delivery of the Bonds on all
Non-purpose Obligations in which Gross Proceeds of the Bonds are invested
(other than amounts attributable to an excess described in this paragraph
(1) ) , over
:(b) The amount that would have been earned if the Yield on such Non-purpose
Obligations (other than amounts attributable to an excess described in
this paragraph (1) ) had been equal to the Yield on the Bonds,
plus
(2) Any income attributable to the excess described in paragraph (1) .
Gross Proceeds. The term "Gross Proceeds" means the sum of the following amounts:
(1) original proceeds, i.e. , the net amount after payment of all expenses of
issuance of the Bonds received by the Issuer as a result of the sale of the
Bonds, excluding original proceeds of the Bonds which become transferred
proceeds (determined in accordance with applicable Regulations) of obligations
issued to refund in whole or in part the Bonds;
(2) Investment proceeds, i.e. , amounts received at any time by the Issuer, such as
interest and dividends, resulting from the investment of any original proceeds
(as referenced in (2) above) or investment proceeds in Non-purpose Obligations,
increased by any profits and decreased (if necessary, below zero) by any losses
on such investments, excluding investment proceeds which become transferred
proceeds (determined in accordance with applicable Regulations) of obligations
issued to refund in whole or in part the Bonds;
16
(3) Sinking fund proceeds, i.e. , amounts, other than original proceeds, investment
proceeds or transferred proceeds (as referenced in (1) above) of the Bonds,
which are held in the Redemption Fund and any other fund to the extent that the
Issuer reasonably expects to use such other funds to pay principal or interest
on the Bonds;
(4) Amounts in the Reserve Fund and in any other fund established as a reasonably
required reserve or replacement fund;
(5) . Amounts, other than -as specified...in this definition, used to pay principal and
interest on the Bonds; and,
(6) Amounts received as a result of investing amounts described in this definition.
Investment Property. The term "Investment Property" means any security (as defined
in Section 165(g) (2) (A) or (B) of the Code) , obligation, annuity or investment-type
property within the meaning of Section 148(b) (2) of the Code in which Gross Proceeds
are invested, but, excluding, however, obligations the interest of which is exempt
from income tax under Section 103 of the Code.
Issue Date. . The term "I-ssue ..Date" .means the date . upon which the Fiscal Agent
receives the proceeds from the sale of the Bonds and delivers the Bonds to the under-
writer purchasing the Bonds.
Issuer. The term "Issuer" means the City -of Huntington Beach, .California.
Non-purpose Obligation. The term "Non-purpose Obligation" means any Investment
Property which is acquired with the Gross Proceeds of the Bonds and is not acquired
in order to carry out the governmental purpose of the Bonds.
Purchase Price. The term "Purchase Price", for the purpose of computation of the
Yield of the Bonds, has the same meaning as the term "Issue Price" in Sections
1273(b) and 1274 of the Code, and, in general, means the initial offering price to
the public (not including bond houses and brokers, or similar persons or organiza-
tions acting in the capacity of underwriters or wholesalers) at which price a
substantial amount of the Bonds are sold. The term "Purchase Price", for the
purpose of computation of Yield of Non-purpose Obligations means the fair market
value of the Non-purpose Obligation on the date of use of Gross Proceeds of the
Bonds for acquisition thereof, or if later, on the date that Investment Property
constituting a Non-purpose Obligation becomes a Non-purpose Obligation of the
Bonds.
Regulations. The term "Regulations" means temporary and permanent Regulations
promulgated under Section 148 of the Code.
Yield. The term "Yield" means that yield which, when used in computing the present
worth of all payments of principal and interest (or other payments in the case of
Non-purpose Obligations which require payments in a form not characterized as princi-
pal and interest) on a Non-purpose Obligation or on the Bonds produces an amount
equal to the Purchase Price of such Non-purpose Obligation or the Bonds, all
computed as prescribed in applicable Regulations.
17
REBATE PROVISIONS
Transfer of Investment Earnings. Annually, on the last day of each Bond Year, or on
the preceding business day in the event that such last day is not a business day,
the Issuer shall transfer or cause the Fiscal Agent to transfer from the various
funds created pursuant to this Indenture to the Rebate Fund, for purposes of ulti-
mate rebate to the United States, an amount equal to Excess Investment Earnings.
Calculation of Excess Investment Earnings. Prior to the last day of the first Bond
Year, the •Issuer shall calculate the Excess Investment Earnings. Thereafter, prior
to the last day of each Bond .Year and on the date of retirement of the Bonds, the
Issuer shall calculate the amount of Excess Investment Earnings. This calculation
shall be made or caused to be made by the Issuer in accordance with the following
rules:
(1) Except as provided in paragraph (2) below, in determining the amount described
in paragraph (1) (a) of the definition of Excess Investment Earnings, the aggre-
gate amount earned on Non-Purpose Obligations shall include (i) all income
realized under Federal income tax accounting principles (whether or not the
person earning such income -is subject to Federal income tax) with respect to
such Non-purpose Obligations and with respect to the reinvestment of investment
receipts from such Non-purpose Obligations (without regard to the transaction
costs incurred in acquiring, carrying, selling or redeeming such Non-purpose
Obligations) , including, but not limited to, gain or lose realized on the dispo-
sition of such Non-purpose Obligations (without regard to -when such gains are
taken into account under Section 453 of the Code relating to taxable year .of
exclusion -of. gross income), and income under Section 1272 of the Code (relating
to original issue discount) and (ii) any unrealized gain or lose as of the date
of retirement of the Bonds in the event that any Non-purpose Obligation is
retained after such date.
(2) Investment Property shall be treated as acquired for its fair market value at
the time it becomes a Non-purpose Obligation, so that gain or lose on the dispo-
sition of such Investment Property shall be computed with reference to such
fair market value as its adjusted basis.
(3) In determining the amount described in paragraph (1) (b) of the definition of
Excess Investment Earnings, the Yield on the Bonds shall be determined based on
the actual Yield of the Bonds during the period between the date of issuance of
the Bonds and the date the computation is made (with adjustments for discount) .
(4) In determining the amount described in paragraph (ii) of the definition of
Excess Investment Earnings, all income attributable to the excess described in
paragraph (1) of said definition must be taken into account, whether or not
that income exceeds the Yield on the Bonds, and no amount may be treated as
"negative arbitrage".
(5) In determining the amount described in the definition of Excess Investment Earn-
ings, there shall be excluded any amount earned on any fund or account which is
used primarily to achieve a proper matching of revenues and debt service within
each Bond Year and which is depleted at least once a year, except for reason-
ably carryover amount not in excess of the greater of one year's earnings on
such fund or account or 1/12 of annual debt service, as well as amounts earned
on said earnings if the gross earnings on all such funds and accounts for the
Bond Year is less than $100,000.00.
18
Payment to United States. The Issuer shall provide the Fiscal Agent with written
instructions directing the Fiscal Agent to pay from the Rebate Fund an amount equal
to Excess Investment Earnings to the United States in installments with the first
payment to be made not later than thirty (30) days after the end of the fifth Bond
Year, and with subsequent payments to be made not later than five (5) years after
the preceding payment was due. The Issuer shall assure that each such installment
is in an amount equal to at least ninety percent (90%) of the Excess Investment
Earnings with respect to the Bonds as of. the close of the computation period. Not
..later than sixty (60) days after the retirement of the Bonds, the Issuer shall
provide the Fiscal Agent with written. instructione -directing the Fiscal Agent to pay
from the Rebate Fund to the United States one hundred percent (100%) of the thereto-
fore unpaid Excess Investment Earnings of the Bonds. In the event that there are
any . amounts remaining in the Rebate Fund following the payment required by the
preceding sentence, the Issuer shall use such amount for any lawful purpose of the
Issuer. The Issuer shall cause the Fiscal Agent to remit payments to the United
States at the address prescribed by the Regulations as the same may be from time to
time in effect with such reports and statements as may be prescribed by such Regula-
tions. In the event that, for any reason, amounts in the Rebate Fund are insuffi-
cient to make the payments to the United States which are required hereunder, the
Issuer shall assure that such -payments are made to the United States on a timely
basis from any funds lawfully available therefor.
Further Obligation of Issuer. The Issuer . shall assure that Excess Investment
Earnings are not paid or disbursed except as. provided in these instructions. To
that end,. ,the Issuer shall-,.assure that investment transactions are on an arms-length
:basis. In the event that.. Non-purpose Obligations consist of certificates of deposit
...;or investment .contracts,- :investment .in such Non-Purpose Obligations shall be made in
:accordance with .the- procedures described in applicable Regulations as from time time
in effect.
MAINTENANCE OF RECORDS. The Issuer shall keep and retain for a period of six (6)
years following the retirement of the Bonds, records of all determinations made
pursuant to these Instructions.
19
$1,653,904.59
CITY OF HUNTIN=ON BEACH
ASSESSMENT DISTRICT NO. 88-1
(RESERVOIR HILL) _
LIMITED OBLIGATION IMPFOVEbWT BONDS
(THE "BONDS")
RECEIPT FOR PURCHASE PRICE
RECEIPT is hereby acknowledged from Stone & Youngberg of the purchase price, as
hereinafter set forth, for the above described Bonds issued by the CITY OF
HUNTINGIION BEACH, STATE OF CALIFORNIA, with proceedings having been taken
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, and
said Bonds being issued pursuant to the provisions of the "Improvement Bond Act
of 1915", being Division 10 of said Code.
Said Bonds are dated the 17th day of January, 1989, and are further designated
as ."LIMIT® OBLIGATION IMPROVEMENT BONDS, ASSESSMENT DISTRICT NO. 88-1
(RESERVOIR HILL)".
Said Bonds- are in the total principal aggregate amount of $1,653,904.59, and
bear interest from their date to their maturity date, payable on March 2nd and
September 2nd of each year commencing March 2; 1990, with principal payments
commencing September 2, 1990.
PRINCIPAL: $1,6531904.59
LESS DISCOUNT: ($ 41 ,347.61 )
PLUS ACCRUED INTEREST: $ 3,240.09
CLOSING AMOUNT DUE: $11615,797.07
DATED: January 26 , 1989.
BANK OF MMCA NATIONAL TRUST AND
SAVINGS ASSOCIATION, AS FISCAL AGENT FOR
THE CITY OF HUNTINGICN BEACH, CALIFORNIA
$1,653,904.59
CITY OF HUNTINGTCN BEACH
ASSESSMENT DISTRICT NO. 88-1
(RESERVOIR HILL)
LIMITED OBLIGATION IMPROVEMENT BONDS
(THE "BOA")
RECEIPT IOR BONDS
S
RECEIPT is hereby acknowledged from the TREASURER of the CITY OF HUNTPINGTON
BEACH, STATE OF CALIFORNIA, of the above described Bonds issued by said City,
with proceedings having been taken 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, and said Bonds being issued pursuant to the provisions
of the "Improvement Bond Act of 1915", being Division 10 of said Code.
Said Bonds are dated the 17th day of January, 1989, and are further designated
as "LIMITED OBLIGATION IMPFOVEMENTr BONDS, ASSESSMENT DISTRICT NO. 88-1
(RESERVOIR HILL)".
Said Bonds are in the total principal aggregate amount of $1,653,904.59, and
bear interest from their date to their maturity, payable on March 2nd and
September 2nd of each year cxxmmencing March 2, 1990, with principal payments
comencing September 2, 1990.
DATED: January 26 , 1989.
STONE & YOUNGBERG
By:
k
k
NOT TO EXCE D
$1,774,511.39
CITY OF HUNTINGTON BEACH
(Orange County, California)
ASSESSMENT DISTRICT NO. 88-1
(RESERVOIR HILL)
INTRODUCTION
This Introduction does not purport to describe in detail all pertinent matters relating to
the Bonds, the Project, the District, the Proposed Development and Property Ownership.
Reference is hereby made to the entire Preliminary Official Statement including the cover
page and the Appendices, if any, for further information in connection herewith.
This Preliminary Official Statement describes the City of Huntington Beach,
Orange County, California (the "City", the "County", and "State", respectively), Assessment
District No. 88-1 (Resevoir Hill) (ttc "District") and provides information material to the
sale of not to exceed $1,774,511.39 Limited Obligation Improvement Bonds (the "Bonds")
proposed to be issued by the City pursuant to the Improvement Bond Act of 1915 (the
"1915 Act" or the 'Bond Law") and pursuant to assessment proceedings conducted in
accordance with the Municipal Improvement Act of 1913 (the "1913 Act").
The District lies predominantly in an area of the City of Huntington Beach,
California, known as the "Reservoir Hill" area. The District is bounded on the north by
Ellis Avenue, on the east by Huntington Street, on the South by Yorktown, and on the
west by a line parallel to and approximately 1,000 feet west of Edwards Street.
The District is situated in the southwest portion of the City. The District consists
of 370 assessed parcels (the "Assessed Parcels") with an actual assessed acreage of
approximatelya 588.10 acres. Resevoir Hill area consists predominantly of currently
undeveloped properties which are located in an area of the City which lies generally
above elevation 60.
Proceeds from the Bonds will be used to fund a public improvement project (the
"Project") generally consisting of approximately 12,740 lineal feet of water mains and
appurtenances within the boundaries of the District.
According to the City, the Orange County Assessor reports that the 1988-89
assessed valuation of all properties assessed under these proceedings totals $37,942,177
($26,334,488 land, $11,607,689 improvements), which is approximately 21.38 times greater
than the aggregate assessment. For a discussion of assessed valuation, your attention is
directed to "The District" section herein.
' Preliminary, subject to cash collection and other appropriate modifications.
I
The Bonds are issued upon and secured by the unpaid assessments levied in the
improvement proceedings, and said unpaid assessments together with interest thereon
constitute a trust fund for the redemption and payment of the principal of the Bonds and
the interest thereon. All the Bonds are also secured by the moneys in the Redemption
Fund created pursuant to the assessment proceedings and by the unpaid assessments levied
to provide for payment of said construction and acquisition of improvements, and,
including principal and interest, are payable exclusively out of the Redemption Fund.
The unpaid assessments represent fixed liens on the lots and parcels assessed. They do
not, however, constitute a personal indebtedness of the respective owners of said lots and
parcels.
Under the provisions of the Improvement Bond Act of 1915, installments of
principal and interest sufficient to meet annual debt service on the Bonds are to be
included on the regular county tax bills sent to owners of property against which there
are unpaid assessments. These annual installments are to be paid into a redemption fund
("Redemption Fund") which will be held by the Fiscal Agent and will be used to pay Bond
principal and interest as they become due. The installments billed against each property
each year represent a pro rata share of the total principal and interest coming due that
year, based on the percentage which the unpaid assessment against that property bears to
the total of unpaid assessments levied to repay the Bonds.
If a delinquency occurs in the payment of any assessment installment, the City has
the duty to transfer an amount equal to the delinquent installment from the Reserve Fund
to the Redemption Fund. THE CITY HAS ELECTED IN THE PROCEEDINGS NOT TO
BE OBLIGATED TO ADVANCE AVAILABLE FUNDS FROM THE CITY'S TREASURY
IN THE EVENT OF A REDEMPTION FUND DEFICIENCY; PROVIDED, HOWEVER,
THAT ITS ELECTION SHALL NOT PREVENT THE CITY FROM, IN ITS SOLE
DISCRETION, SO ADVANCING FUNDS FOR SUCH PURPOSE AS OTHERWISE
PROVIDED IN THE 1915 ACT.
To provide funds which can be advanced to the Redemption Fund for payment of
the Bonds and the interest thereon as a result of any delinquent assessment installments,
the City will establish a special reserve fund (the "Reserve Fund") from Bond proceeds in
the amount of six percent (6%) of the aggregate principal amount of the Bonds.
Additionally, subject to City advances to the Reserve Fund, the City will covenant to
initiate Superior Court foreclosure in the event of a delinquency within 150 days
following such delinquency and to prosecute diligently to completion the foreclosure of
each and every delinquent assessment installment. The right of redemption under this
procedure is limited as opposed to the five year period under a tax sale.
The Bonds are not general obligations of the City, of the State of California, or of
any other political subdivision of the State, and neither the City nor the State, nor any
political subdivision of the State, has pledged its full faith and credit for the payment
thereof.
For a more complete description see the subsections herein entitled "Security of the
Bonds," "Reserve Fund" and "Covenant to Commence Superior Court Foreclosure" as
described in the section entitled "The Bonds" herein.
The City has caused the preparation of this Preliminary Official Statement;
however, information contained herein does not purport to be comprehensive or
definitive. All references to the Bonds and the Project are qualified in their entirety by
reference to the Engineer's Report and to the City's resolutions setting forth the terms
and description thereof.
2
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4
THE BONDS
Purpose of the Bonds.
The Bonds are authorized for the purpose of providing funds for water system
improvements to benefit an area of approximately 588.10 net assessable acres. The
improvements include the construction of certain water system improvements, together
with appurtenances. The specific improvements to be made with the proceeds from the
sale of the Bonds are described in the Resolution of Intention (define hereinbelow) and in
"The Project" section of this Preliminary Official Statement.
Authority for Issuance.
The acquisition and improvement proceedings for the District have been
conducted pursuant to Division 12 of the Streets and Highways Code of the State of
California (the "Municipal Improvement Act of 1913") and the Resolution of Intention No.
59-26, adopted by the City Council of the City of Huntington Beach. The Bonds will be
issued pursuant to the Bond Indenture (the "Indenture") dated December 19, 1988
approved by the City Council. The Bonds are secured by the unpaid assessments levied
against private property in the District in accordance with the provisions of the 1913 Act
and will be issued pursuant to Division 10 of the Streets and Highways Code (the "Bond
Law"
Description of the Bonds.
The Bonds will be issued in the aggregate principal amount of not to exceed
$1,774,511.391 and will be dated January 17, 1989. The Bonds will be issued as fully
registered serial Bonds in denominations of any multiple of $5,000 each, except one Bond
due in 1990, which will include the amount by which the principal amount of the issue
exceeds the largest integral multiple of $5,000 contained therein. Interest on the Bonds
shall be payable on March 2 and September 2 of each year commencing March 2, 1990.
Principal of and premiums, if any, on the Bonds are payable upon presentation by the
registered owner or his duly authorized representative at Bank of America National Trust
and Savings, Los Angeles, California, Registrar, Transfer Agent and Paying Agent.
Interest shall be paid by check or draft of the Paying Agent mailed to the registered
owners (as shown on the registration books kept by the Paying Agent) as of the 15th day
of the month immediately preceding the interest payment date.
Redemption of Bonds.
Any Bond may be called for redemption prior to maturity at the option of the City
Treasurer in increments of $5,000 on any March 2 or September 2 upon payment of the
principal amount, together with a premium of three percent (3%) of such principal
amount and accrued interest on such principal amount to the date of redemption. No
interest will accrue on the redeemed portion of a Bond beyond the March 2 or September
2 on which said Bond is called for redemption. Notice of redemption must be given by
personal service or registered mail or certified mail to the registered owners at the
registered owner's address as it appears on the registration books of the Registrar at least
30 days prior to the redemption date. The determination as to which Bond or Bonds are
to be called will be made in accordance with Part 11.1 of the Bond Law. If less than an
entire Bond is redeemed, the unredeemed portion shall be reissued to the registered owner
1. Preliminary, subject to cash collection and other appropriate modifications.
5
thereof. Subdivision, development or sale of parcels within the District could result in
the early discharge of assessment liens. Such early discharge will result in redemption of
Bonds prior to their stated maturities.
Refunding Bonds.
Pursuant to the "Refunding Act of 1984 for 1915 Improvement Act Bonds",
Division 11.5 of the Streets and Highways Code of the State of California, the City may
issue refunding bonds for the purpose of redeeming the Bonds. The City may issue and
sell refunding bonds without giving notice to and conducting a hearing for the owners of
property in the District, or giving notice to the holders of the Bonds if the governing
body of the City finds that (i) each estimated annual installment of principal and interest
on the reassessment to secure the refunding bonds is less than the corresponding annual
installment of principal and interest on the original assessment, (ii) the number of years
to maturity of all refunding bonds is no more than the number of years to the last
maturity of the Bonds being refunded, and (iii) the amounts of any reassessments are
computed by reducing each original assessment by the same percentage. Upon issuing
refunding bonds, the governing body of the City could require that the Bonds be
exchanged for refunding bonds on any basis which the governing body determines is for
the benefit of the City if the Bondholders consent to the exchange. As an alternative to
exchanging the refunding bonds for the Bonds, the City could sell the refunding bonds
and utilize the proceeds to pay the principal of and interest and redemption premium, if
any, on the Bonds as they become due, or advance the maturity of the Bonds and pay the
principal of and interest and redemption premium thereon.
Registration.
The Bonds will be issued only as fully registered serial Bonds. Interest shall be
payable to the registered owner at the owner's address as it appears on the registration
books of the Registrar, or at such address as may have been filed with the Registrar for
that purpose, as of the 15th day of the month immediately preceding each interest
payment date.
The Bonds will be transferable by the registered owner or by the registered owner's
attorney, duly authorized in writing, at the office of the Transfer Agent, subject to the
terms and conditions provided in the Transfer Agent's system for the registration for
registered debt obligations, including the payment of certain charges, if any, upon
surrender and cancellation. Upon such transfer, a new registered Bond or Bonds, of any
authorized denomination or denominations of the same maturity, for the same aggregate
principal amount, will be issued to the Transferee in exchange therefor.
6
SECURITY FOR THE BONDS
The Bonds are issued upon and secured by the unpaid assessments levied in the
improvement proceedings, and such unpaid assessments together with interest thereon
constitute a trust fund for the redemption and payment of the principal of and interest
on the Bonds. All of the Bonds are secured by the moneys in the Redemption Fund and
the Reserve Fund created pursuant to the assessment proceedings and by the unpaid
assessments levied against private property within the District to provide for payment of
said acquisition and construction of improvements. Principal of and interest on the Bonds
are payable exclusively out of the Redemption Fund.
i
The Bonds are not general obligations of the City and neither the faith and credit
nor the taxing power of the City, the State of California or any of its political
subdivisions is pledged to the payment of the Bonds.
The unpaid assessments constitute fixed liens on the lots and parcels assessed, and
do not constitute a personal indebtedness of the respective owners of said lots and parcels;
accordingly, in the event of delinquency proceedings may only be had against the real
property securing such delinquency. There is no assurance that the owners will be
financially able to pay the assessment installments or that they will pay such installments
even though financially able to do so.
The unpaid assessments will be collected in annual installments, together with
interest on the declining balances, on the tax roll on which general taxes on real property
are collected and are payable, and will become delinquent at the same time and in the
same proportionate amounts and bear the same penalties and interest after delinquency as
do said general taxes. The properties upon which the assessments were levied are subject
to the- same provisions for sale and redemption as are properties for nonpayment of
general taxes; however, a shorter period of redemption may apply under provisions of state
law.
Limited Obligation of the City Upon Delinquency.
If a delinquency occurs in the payment of any assessment installment, the City has
the duty to transfer the amount of such delinquent installment from the Reserve Fund
into the Redemption Fund. If there are additional delinquencies, after depletion of the
Reserve Fund, the City has no duty to transfer into the Redemption Fund the amount of
the delinquency out of any available funds of the City. Bondowners should not rely upon
the City to advance monies to the Redemption Fund should the Reserve Fund ever be
depleted.
Reserve Fund.
` The Bond Indenture authorizing and providing for the issuance of Bonds, pursuant
to the Improvement Bond Act of 1915, for the District will provide for the creation of a
special reserve fund ("Reserve Fund") to provide available funds, to the extent of such
Reserve Fund, from which the City shall make payment of the amount of any delinquent
assessments levied in the proceedings and interest thereon, for transfer into the
Redemption Fund for the Bonds. Payments from such Reserve Fund shall be deemed an
advance to be reimbursed and deposited in the Reserve Fund from the proceeds of
redemption or sale of the properties with respect to which payment of delinquent
assessments and interest thereon was paid.
7
The Reserve Fund shall be held and maintained by the Fiscal Agent or designated
Agent as a separate trust account distinct from all other funds of the City. Upon receipt
of the proceeds of sale of the Bonds, an amount equal to six percent (6%) of the aggregate
principal amount of Bonds shall be deposited in the Reserve.Fund.
Covenant To Commence Superior Court Foreclosure.
The Bond Law provides that in the event any assessment or installment thereof or
any interest thereon is not paid when due, the City may order the institution of an action
in the Superior Court of the State of California to foreclose the lien of the unpaid
assessment as authorized in Part 14 of Division 10 of the Streets and Highways Code of
the State of California. In such action, the real property subject to the unpaid assessment
may be sold at a court foreclosure sale.
Such court foreclosure sale procedure is not mandatory. However, the City will
covenant with the registered Bond owners, that court foreclosure proceedings shall be
commenced within 150 days following the date of such delinquency and that it will be
diligently prosecuted to final judgment and sale. The City may, however, defer
foreclosure proceedings if the City advances funds to the Reserve Fund to maintain the
Reserve Fund at its original level.
Effective July 1, 1983, a judgment debtor (property owner) has at least 140 days
from the date of service of the notice of levy to redeem the property to be sold. If a
property owner fails to so redeem and the property is sold, his or her only remedy is an
action to set aside the sale which must be brought within six (6) months of the date of
sale. If, as a result of such an action, a foreclosure sale is set aside, the judgment is
revised and the judgment creditor is entitled to interest on the revised judgment as if the
sale had not been made. (Section 701.680 of the Code of Civil Procedure of the State of
California.) The constitutionality of the aforementioned legislation (which repeals the
one-year redemption period) has not been tested and there can be no assurance that, if
tested, such legislation will be upheld.
Foreclosure proceedings may be deferred if the City advances funds to the Reserve
Fund to keep said Fund continually at the level as initially funded (six percent [6%] of
the principal amount of the Bonds originally issued), less adjustments for Bonds redeemed
prior to maturity, as set forth in the Covenant for Superior Court Foreclosure.
IN THE EVENT SUCH SUPERIOR COURT FORECLOSURE OR
FORECLOSURES ARE NECESSARY, THERE MAY BE DELAYS IN PAYMENTS TO
BONDHOLDERS PENDING PROSECUTION OF THE FORECLOSURE PROCEEDINGS
TO COMPLETION AND RECEIPT BY THE CITY OF THE PROCEEDS OF THE
FORECLOSURE SALE; IT IS ALSO POSSIBLE THAT NO BID WOULD BE RECEIVED
AT THE FORECLOSURE SALE.
Covenants of the City Regarding Arbitrage and Rebate.
The City covenants and agrees to take no action which, in the opinion of Bond
Counsel, would result in interest on the Bonds becoming includable in gross income under
federal income tax law. The City represents and covenants in the Bond Indenture, for the
benefit of the Bondowners, that it will comply with all applicable requirements of the
Internal Revenue Code of 1986, as amended (the "Code"), together with any amendments
thereto and regulations applicable thereto necessary to preserve the exclusion from gross
income for purposes of federal income taxation of interest of the Bonds.
8
Priority of Assessment Lien.
The assessment (and any re-assessment) and each installment thereof and any
interest and penalties thereon constitute a lien against the lots and parcels of land on
which they p
were imposed until the same are paid. Such lien is subordinate to all fixed
special assessment liens previously imposed upon the same property, but has priority over
all private liens and over all fixed special assessment liens which may thereafter be
created against the property. Such lien is co-equal with and independent of the lien for
general taxes.
The Assessment Engineer and the City report that there are no outstanding fixed
special assessment liens previously levied on property located within the District.
Special Assessments - Article XIIIA and XIIIB of the California Constitution.
On July 2, 1979, the Fifth District Court of Appeal (94 Cal. App. 3d 974) rendered
a 3-0 decision in the case of County of Fresno vs Malmstrom that determined that special
assessments are not subject to the limitations of Article XIIIA (Proposition 13). The Court
held the one percent tax limitation imposed by California Constitution Article XIIIA on
ad valorem taxes does not apply to special assessments levied pursuant to Streets and
Highways Code, Sections 5000 et seq. and 10000 et seq., the Improvement Act of 1911 and
the Municipal Improvement Act of 1913. The Court further held that because special
assessments pursuant to such acts are not within the definition of "special taxes" in
Article XIIIA, the Constitution does not require the levy of assessments and the issuance
of Bonds to be approved by a two-thirds vote of the qualified electors of the District. On
September 12, 1979, the California Supreme Court refused to hear an appeal of the lower
court's decision.
On December 17, 1980, the Third District Court of Appeal (113 Cal. App. 3d 443)
rendered a 3-0 decision in the case of County of Placer v. Corin that determined that
special assessments are not subject to the limitation of Article XIIIB (Proposition 4, the
Gann appropriations limit). The Court held that the definition of "proceeds of taxes",
imposed by California Constitution Article XIIIB does not apply to special assessments
and Improvement Bonds issued pursuant to Streets and Highways Code, Sections 8500 et
seq., and 10000 et seq., the Improvement Bond Act of 1915 and the Municipal Improvement
Act of 1913. The decision of the Court was not appealed.
9
The following table sets forth the estimated schedule of annual debt service of the
Bonds:
CITY OF HUNTINGTON BEACH
ASSESSMENT DISTRICT NO. 88-1
(RESERVOIR HILL)
ESTIMATED TABLE OF DEBT SERVICE
NOT TO EXCEED
$1,774,511.39
Maturing
September 2 Principal Interest Debt Service
1990
1991
1992
1993
1994
.1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
* Preliminary; subject to change.
10
BONDOWNERS' RISKS
General.
In order to pay debt service on the Bonds, it is necessary that unpaid installments
of assessments on land within the District are paid in a timely manner. Should the
installments not be paid on time, the City has established a Reserve Fund in the initial
amount of approximately six percent (6%) of the aggregate principal amount of the Bonds
to cover delinquencies. The assessments are secured by a lien on the parcels of land and
the City can institute foreclosure proceedings to sell land with delinquent installments for
the amount of such delinquent installments in order to obtain funds to pay debt service
on the Bonds.
Failure by owners of the parcels to pay installments of assessments when due,
depletion of the Reserve Fund, or the inability of the City to sell parcels which have been
subject to foreclosure proceedings for amounts sufficient to cover the delinquent
installments of assessments levied against such parcels may result in the inability of the
City to make full or punctual payments of debt service on the Bonds, and bondowners
would therefore be adversely affected.
Unpaid assessments do not constitute a personal indebtedness of the owners of the
lots and parcels within the District. There is no assurance the owners will be able to pay
the assessment installments or that they will pay such installments even though financially
able to do so.
Bankruptcy and Foreclosure.
The payment of property owners' assessment installments and the ability of the
City to foreclose the lien of a delinquent unpaid assessment may be limited by
bankruptcy, insolvency, or other laws generally affecting creditors' rights or by the laws
of the State relating to court foreclosure.
Although bankruptcy proceedings would not in themselves cause the assessment
liens to become extinguished, bankruptcy of a property owner could result in a delay by
the City in prosecuting court foreclosure proceedings. Such delay would increase the
likelihood of a delay or default in payment of the principal of and interest on the Bonds,
and the possibility of delinquent assessment installments not being paid in full.
The various legal opinions to be delivered concurrently with the delivery of the
Bonds (including Bond Counsel's approving legal opinion) will be qualified, as to the
enforceability of the various legal instruments, by bankruptcy, reorganization, insolvency
or other similar laws affecting the rights of creditors generally.
Payment of the assessment installments is entirely dependent upon the timely
payment by the existing landowners, or any other subsequent owners of property within
the District; therefore, there could be delays in payment of debt service on the Bonds as
bankruptcy filing may delay the City's ability to complete its Superior Court foreclosure
proceedings. Moreover, amounts received upon foreclosure sales may not be sufficient to
fully discharge delinquent installments.
11
.i
Factors Which May Affect Land Development.
There is no development currently proposed, however, any subsequent development
proposed for the District may be affected by changes in general economic conditions,
fluctuations in the real estate market, changes in ownership of the land and other factors.
In addition, proposed development would be subject to existing and future federal, state
and local regulations. Approval may be required from various public agencies in
connection with the design, nature and extent of required public improvements, or such
matters as land use and zoning. Failure to meet any such future regulations or obtain any
such approvals in a timely manner could delay or adversely. affect any proposed
development of the District.
Limited City Obligation Upon Delinquency.
The City's obligation to advance moneys to pay Bond debt service in the event of
delinquent assessment installments shall not exceed the balance of the Reserve Fund.
The City has made an election in the Resolution of Intention not to be obligated to
advance funds .from the general fund of the City for delinquent assessment installments
pursuant to Section 8769(b) of the Bond Law; the only obligation of the City is to transfer
amounts available in the Reserve Fund. There is no assurance that funds will be
available for this purpose and if, during the period of delinquency there are insufficient
funds in the Reserve Fund, a delay may occur in payments to the owners of the Bonds.
Direct and Overlapping Debt.
Although no specific development project is planned within the District, the future
development of the Resevoir Hills area would require the installation of a substantial
amount of public improvements in addition to the Project. The City presently anticipates
that a portion of such additional public improvements would be financed through the
future formation of one or more assessment districts and/or community facilities districts,
some of the territory of which would include land within the District.
12
r
THE PROJECT
Description of Work.
The proposed works of improvement are generally described as follows:
The construction of certain water system improvements within the Assessment
District including appurtenances. Specific improvements to be constructed include
furnishing and installing approximately 12,740 lineal feet of water mains and
appurtenances to serve a new higher pressure zone in the Reservoir Hill Assessment
District within the City of Huntington Beach. Water mains will range in size from 12-
inches to 18-inches in diameter. Proposed locations of the new water mains are shown on
the Assessment District Diagram in the Appendix Section of this Preliminary Official
Statement.
Estimated Project Costs.
The following are Project costs for the Assessment District as estimated after
receipt of the construction bids on November 17, 1988.
CITY OF HUNTINGTON BEACH
(Orange County, California)
COST ESTIMATE FOR
ASSESSMENT DISTRICT NO. 88-1
(RESERVOIR HILL)
Estimated
Costs
1. CONSTRUCTION EXPENSE
Public Works of Construction $1,185,754.00
Construction Contingency 118,575.00
----------------
TOTAL CONSTRUCTION AND CONTINGENCY $1,304,329.00
II. INCIDENTAL EXPENSES
Incidental Costs $ 327,500.39
Underwriter's Discount 44,363.00
Reserve Fund 106,471.00
----------------
TOTAL INCIDENTALS $ 478,334.39
III. LESS CONTRIBUTIONS
Estimated Construction ,
Earnings $ 8,152.00
Cash Collections 0.00
----------------
TOTAL CONTRIBUTIONS $ 8,152.00
ESTIMATED TOTAL ASSESSMENT $1,774,511.39
13
Method and Formula of Assessment.
The law requires and the statutes provide that assessments, as levied pursuant to
the provisions of the "Municipal Improvement Act of 1913", must be based on the benefit
that the properties receive from the works of improvement. The statute does not .specify
the formula that should be used in any special assessment district proceedings. The
responsibility rests with the Engineer of Work (the "Assessment Engineer") who is retained
for the purpose of making an analysis of the facts and determining the correct
apportionment of the assessment obligation, based upon the benefit received by each
parcel assessed. For these proceedings the City retained the services of Black & Veatch,
Santa Ana, California.
The Assessment Engineer makes his recommendation at the public hearing on the
District, and the final authority and action rests with the City after hearing all testimony
and evidence presented at that public hearing. Upon the conclusion of the public hearing,
the City must take the final action in determining whether or not the assessment spread
has been made in direct proportion to the benefits received. The following information
was included in the Engineer's Report accepted and approved by the City Council:
First of all, it is necessary to identify the benefit that the public improvement will
render to the properties within the boundaries of the District. Properties located within
the District will receive the benefit of having access to a public water supply of
adequate capacity and pressure. Two distinguishable types of benefits may be realized by
properties in the District: capacity and distribution. All properties in the District will
be assured of adequate capacity furnished by the grid or network of new and existing
water mains comprising the higher pressure zone. Those properties which are adjacent to,
or which "front" new water mains, will receive a further benefit of distribution. A
distribution benefit results from being able to make a direct service connection tap to a
new water main located in the higher pressure zone. Exemptions from the District are
granted to those properties which now have adequate water service and which meet the
following development criteria:
Parcels fully developed in conformance with the City's general plan and zoning
ordinances. Such parcels are normally characterized by street improvements,
permanent structures, asphalt parking lots, and landscaping, all of which satisfy
current local code requirements.
Existing water customers located in the higher pressure zone, but who are now
located in the lower pressure zone, would receive the benefit of increased capacity and
pressure, but not a distribution benefit. These customers are only assessed for a capacity
benefit.
In further making the analysis, it is necessary that the property owners receive a
special and direct benefit distinguished from that of the general public. Only those
properties located in the higher pressure zone, which includes land areas generally above
an elevation of 60 feet above mean sea level, and which can be logically served from
either the new water main or from future extensions of those mains, benefit from this
project. Existing properties located in the high pressure zones which are already served
by an existing smaller booster pressure zone, such as the Seacliff Village Shopping Center
and adjacent residential developments will receive no added benefits from this project.
14
r
An in-depth analysis was made and two factors are being used in the final method
of spread and assessment. The proposed assessment formula includes two cost components:
one for capacity and one for distribution. Those properties which front new water mains
in the higher pressure zone will be assessed for capacity and distribution. Those
properties which do no front new mains will only be assessed for capacity. The capacity
charge is based upon total acreage in the District, and each property will be assessed a
flat unit cost per acre. The distribution assessment is based upon the front footage of
each property which borders a new water main. The distribution assessment is based
! upon an equivalent cost for installing a distribution main along the affected properties.
A typical distribution main size would be 6 to 8 inches in diameter. The installed cost of
a 6 to 8 inch diameter water main and appurtenances is approximately $30 per foot of
length. Since a water distribution main normally serves properties on both sides of the
street, the proposed distribution assessment is one-half times $30 per foot of length, which
is $15 per foot of front footage. For properties located on street corners, the distribution
assessment is based upon the average foot frontage along the two streets.
Summary of Assessment Proceedings.
The Assessment proceedings being used by the City for the District provide for all
costs to be either estimated or ascertained prior to doing the work or making the
acquisition of the improvements, right of use or property involved. Under such
proceedings, the assessments are then levied, collections made and Bonds sold to represent
unpaid assessments. The money obtained from cash collections and Bond proceeds shall be
used by the City in payment for the work to be accomplished, for the property or right of
use to be acquired and for incidental expenses.
Assessment proceedings can be initiated by either a petition or by the City without
a petition. The District proceedings were initiated by petition of the owners of more
than 60% of the area of the property to be subject to assessment. The assessment
proceedings commenced, and Black & Veatch prepared a written report (the "Engineer's
Report") which contained, among other things, the estimate of Project costs and the
assessment for each parcel to be benefited. The total amount of the proposed assessment
I was based on the engineer's estimated cost of the Project. The individual assessments
were spread among the various parcels of land within the District on the basis of the
j
special benefit to be derived by each parcel from the improvements and acquisitions.
j The Engineer's Report was filed and preliminarily approved by the City Council
on October 24, 1988. Thereafter, notice was published in a local newspaper and also
posted along all of the open streets within the District. In addition, notice of the
proposed assessment was mailed to each of the owners whose property was proposed to be
assessed.
The notices advised the property owners of the filing of the Engineer's Report, the
date, time and place for a hearing on the Project, the proposed assessments and the right
to protest. The mailed notices also advised the property owners of the estimated amount
proposed to be assessed against their properties, as shown in the Engineer's Report.
15
Property owners had the right to protest in writing prior to or at the
commencement of the hearing and to be heard at such hearing. At the conclusion of the
hearing, held on December S, 1988, the City adopted its resolution confirming the
assessments and ordering the work and acquisitions. Upon recordation by the County
Recorder of Orange County in the official records, the assessments became liens against
the various assessed parcels. The property owners were given published and mailed notice
of the opportunity to pay all or a portion of the assessment in cash within 30 days of the
recording of the assessment in the office of the Superintendent of Streets. The notice
further advised the property owners that to the extent cash payment was not made, Bonds
would be sold to represent unpaid assessments. It is anticipated that the cash payment
period will end on January 6, 1989. Any property owner who pays an assessment during
the cash collection period is entitled to, and will receive, a reduction of the assessment
representing that portion of the assessment that would otherwise be used for a Bond
discount, capitalized interest and for funding of the Reserve Fund.
Special Assessment Investigation, Limitation, and Majority Protest Act of 1931.
The provisions of the Special Assessment Investigation, Limitation and Majority
Protest Act of 1931, Division 4 of the Streets and Highways Code of the State of
California, do not apply to these assessment proceedings inasmuch as these proceedings
have been waived by petition executed by over 60% of the owners of land proposed to be
assessed under these proceedings.
Disposition of Surplus Funds.
After completion of the Improvement Project and the payment of all claims from
the Improvement Fund, the City's governing body shall determine if a surplus remains in
the Improvement Fund by reason of the assessment and any supplemental assessment
levied for said improvement. Any such surplus shall be used as follows:
a) For transfer to the General Fund of the City of an amount not to exceed the
lesser of One Thousand Dollars ($1,000.00) or five percent (5%) of the total
amount expended from the Improvement Fund; and
b) For the maintenance of the improvement; and
c) As a credit upon the assessment and any supplemental assessment, as provided
in Section 10427.1 of the Streets and Highways Code of the State of California.
16
THE ASSESSMENT DISTRICT
The property within the boundaries of the District lies entirely within the City of
Huntington Beach. The District is located in the Reservoir Hill portion of the City.
The District is generally bounded on the north by Ellis Avenue, on the east by
Huntington Street, on the south by Yorktown, and on the west by a line parallel to and
approximately 1,000 feet west of Edwards Street.
Existing Zoning and Land Use.
The land within the Assessment District is zoned as residential and commercial; the
majority of which is undeveloped. A majority of the underdeveloped land is owned by
Huntington Beach Company, whose operations are concentrated in real estate investments
and petroleum interests. Land use within the District is detailed below:
LAND USES
C-1 12 acres Neighborhood Commercial
C-2 25 acres Community Business District
M-1 163 acres Light Industrial
M-2 40 acres Industrial
R 360 acres Residential
The neighborhood commercial (C-1) district is intended to provide for limited
commercial development of under one and one-half acres on one corner of the intersection
of secondary arterial highways which is compatible with surrounding residential uses. No
automotive uses or outside storage is permitted.
The community business (C-2) district, a more intensive zone, permits all uses
within the CA District and, in addition, permits general retail uses including minor
automobile repair and outside storage, subject to specific standards.
Agencies Which Provide Public Utilities Within the Assessment District.
The public agencies and utility companies listed below provide public utilities and
municipal services to the property within the Assessment District.
Electrical: Southern California Edison
Gas: Southern California Gas
Telephone: General Telephone
Water: City of Huntington Beach
Sewerage: City of Huntington Beach
Education: Huntington Beach High School
District
Huntington Beach Elementary School
District
Fire: City of Huntington Beach
Law Enforcement: City of Huntington Beach
17
Access to Parcels to be Assessed.
According to City staff, all parcels within the District have legal access.
Assessment Roll.
Beginning with the 1981-82 fiscal year, property in California is assessed at 100
percent of full cash value. Article X111A of the California Construction defines such
"full cash value" as the appraised value as of March 1, 1975, plus adjustments not-to-
exceed two percent (2%) per year to reflect inflation and requires reassessment of "full
cash value" upon change of ownership or new construction. Accordingly, the assessed
values in the Table reflect only 1975 values as increased by two percent (2%) per year
unless the parcel has changed ownership or has had new construction thereon, in which
case the assessed valuation will more closely approximate current market value.
The following information was prepared by the Assessment Engineer as part of the
Engineer's Report, dated October 17, 1988, which presents the assessment roll, the Orange
County Assessor's 1988-89 Full Cash Value (Land and Improvements), ownership of
parcels and estimated assessment under these proceedings.
18
i
I,
CITY OF HUNTINGTON BEACH
ASSESSMENT DISTRICT NO. 88-1
ASSESSMENT ROLL
-------------------------------------------------------------------------------------------
APN PROPERTY BASE ASSESSED ASSESSED TOTAL VALUE
NO. OWNER YEAR LAND VALUE IMPROVEMENTS VALUES ASSESSMENT TO LIEN
-------------------------------------------------------------------------------------------
023 010 12 HUNT BCH CO 75 $46,856 $0 $46,856 $14,148.11 3.31
023 010 13 HUNT BCH Co 75 700,126 0 700,126 51,485.13 13.60
023 181 29 HUNT BCH CO 85 2,500,800 5,087,318 7,588,118 158,821.60 47.78
023 251 41 HUNT BCH CO 75 36,111 0 36,111 6,408.15 5.64
110 015 56 HUNT BCH CO 75 186,733 0 186,733 91,899.92 2.03
110 015 57 HUNT BCH CO 75 70,664 0 70,664 39,241.36 1.80
110 015 59 SO CAL ED * 0 0 0 17,591.00 0.00
110 190 01 HATHAWAY 47,421 0 47,421 11,459.28 4.14
110 190 02 JOHNSON 88 97,314 0 97,314 6,106.59 15.94
110 190 03 JOHNSON 88 67,638 0 67,638 2,965.34 22.81
110 190 04 JOHNSON 88 68,254 0 68,254 3,141.25 21.73
110 190 05 HENDRICKS 99,397 0 99,397 12,213.18 8.14
110 190 06 PAC AMER OIL 13,282 0 13,282 2,487.87 5.34
110 191 Cl FJAERAN 1,495 0 1,495 158.32 9.44
110 191 02 GOODING 860 0 860 158.32 5.43
110 191 03 LINDSEY 6,131 0 6,131 326.69 18.77
110 191 04 McKINNON 860 0 860 533.32 1.61
110 191 05 OLIVER 860 0 860 158.32 5.43
110 191 06 FJAERAN 1,495 0 1,495 158.32 9.44
110 191 08 KOVNER 12,570 0 12,570 158.32 79.40
110 191 09 FJAERAN 1,495 0 1,495 158.32 9.44
110 191 12 MCKENZIE 80 877 0 877 158.32 5.54
110 191 13 LANG 80 877 0 877 158.32 5.54
110 191 14 MORTON 80 877 0 877 158.32 5.54
110 191 15 MAROW 80 1,899 0 1,899 326.69 5.81
110 191 16 HANKS 80 877 0 877 158.32 5.54
110 191 17 FJAERAN 87 8,160 0 8,160 158.32 51.54
110 191 18 LINDESY 81 6,253 0 6,253 326.69 19.14
I
I
i
I
19
-------------------------------------------------------------------------------------------
APN PROPERTY BASE ASSESSED ASSESSED TOTAL VALUE
NO. OWNER YEAR LAND VALUE IMPROVEMENTS VALUES ASSESSMENT TO LIEN
-------------------------------------------------------------------------------------------
110 191 20 FJAERAN 84 1,524 0 1,524 158.32 9.63
110 191 21 WOOLPERT 80 4,634 0 4,634 158.32 29.27
110 192 01 MARTINSON 80 1,759 0 1,759 326.69 5.38
110 192 03 OLIVER 80 877 0 877 158.32 5.54
110 192 06 QUINE 83 13,246 0 13,246 158.32 83.67
110 192 07 ENENBACH 80 877 0 877 158.32 5.54
110 192 08 GUTHRIE 80 877 0 877 158.32 5.54
110 192 09 TAYLOR 80 2,177 0 2,177 158.32 13.75
110 192 11 CARMICHAEL 80 877 0 877 158.32 5.54
110 192 12 SWARTZ 80 877 0 877 158.32 5.54
110 192 14 MAROW 80 2,734 0 2,734 477.47 5.73
110 192 16 FJAERAN 84 1,524 0 1,524 158.32 9.63
110 192 18 ADLER 86 24,969 0 24,969 158.32 157.71
110 192 19 MEYER 80 2,504 0 2,504 158.32 15.82
110 193 01 MAROW 80 832 0 832 158.32 5.26
110 193 02 FJAERAN 84 1,584 0 1,584 158.32 10.01
110 193 03 BIRD 80 877 0 877 158.32 5.54
110 193 04 BOUSKA 80 877 0 877 158.32 5.54
110 193 05 MORTON 80 877 0 877 158.32 5.54
110 193 07 MORTON 80 1,759 0 1,759 326.69 5.38
110 200 01 ALBRECHT 88 480,500 0 480,500 5,352.69 89.77
110 200 02 ALBRECHT 88 729,000 0 729,000 6,282.50 116.04
110 200 03 COLBERT 88 493,563 0 493,563 12,012.14 41.09
110 200 04 HATHAWAY 86 262,168 0 262,168 6,282.50 41.73
110 200 05 HATHAWAY 86 346,632 3,685 350,317 12,565.00 27.88
110 200 10 HUNT BCH CO 79 18,879 0 18,879 6,106.59 3.09
110 200 11 HUNT BCH CO 75 40,325 0 40,325 6,106.59 6.60
110 200 13 HUNT PAC CO 86 478,479 0 478,479 17,163.18 27.88
110 200 14 SUNDERLAND 75 23,046 0 23,046 17,163.18 1.34
110 200 15 ISHIBASHI 75 76,865 0 76,865 12,565.00 6.12
110 200 16 ISHIBASHI 75 49,600 0 49,600 12,565.00 3.95
110 200 17 HUNT BCH CO 75 239,748 0 239,748 60,490.37 3.96
110 200 18 HUNT BCH CO 75 23,046 0 23,046 17,012.40 1.35
110 200 19 CITY OF HB 80 233,097 0 233,097 8,506.20 27.40
110 200 20 HUNT BCH CO 79 181,947 0 181,947 8,506.20 21.39
20
-------------------------------------------------------------------------------------------
APN PROPERTY BASE ASSESSED ASSESSED TOTAL VALUE
NO. OWNER YEAR LAND VALUE IMPROVEMENTS VALUES ASSESSMENT TO LIEN
-------------------------------------------------------------------------------------------
110 200 21 BLASGEN 79 26,596 0 26,596 17,012.40 1.56
110 200 22 HUNT BCH CO 82 602,164 0 602,164 18,486.83 32.57
110 200 23 DE NUBILA 75 39,094 0 39,094 6,282.50 6.22
110 200 29 HUNT BCH CO 88 378,245 0 378,245 214,383.30 1.76
110 210 01 LANDIS 77 82,734 7,944 90,678 14,175.83 6.40
110 210 02 ROSS 75 27,543 0 27,543 4,583.59 6.01
110 210 03 NICCOLE 79 6,623 0 6,623 1,374.55 4.82
110 210 04 SHERRILL 88 27,000 0 27,000 326.69 82.65
110 210 06 SCHUESLER 75 2,310 0 2,310 1,701.24 1.36
110 210 07 SPELTS 75 12,397 0 12,397 2,268.32 5.47
110 210 08 HUNT BCH CO 79 88,749 0 88,749 3,402.48 26.08
110 210 09 HUNT BCH CO 75 67,257 0 67,257 16,962.14 3.97
110 210 10 NICCOLE 82 104,818 0 0 1 4,818 2,797.70 37.47
110 210 11 GOLDON 79 470 0 470 857.67 0.55
110 211 01 SMITH 80 970 0 970 535.83 1.81
110 211 02 BORGHETTI 80 970 0 970 535.83 1.81
110 211 03 MAROW 80 2,084 0 2,084 1,071.66 1.94
110 211 04 TUNSTALL 80 1,016 0 1,016 535.0 1.90
110 211 05 TUNSTALL 80 7,421 0 7,421 3,755.85 1.98
110 211 06 WEIR OIL CO 83 60,336 0 60,336 653.38 92.34
110 211 07 WEIR OIL CO 83 15,069 0 15,069 653.38 23.06
110 211 08 WEIR OIL CO 83 15,069 0 15,069 160.83 93.70
110 211 09 HOWELL 85 13,246 0 13,246 160.83 82.36
110 211 10 ESTRADA 80 1,063 0 1,063 160.83 6.61
110 211 11 VARGAS 80 970 0 970 160.83 6.03
110 211 12 VARGAS 80 970 0 970 160.83 6.03
110 211 13 WOOD 82 12,542 0 12,542 160.83 77.98
110 211 14 VARGAS 80 970 0 970 160.83 6.03
110 212 01 COBB 87 2,788 0 2,788 160.83 17.34
110 212 02 FOLMAR 80 1,016 0 1,016 160.83 6.32
110 212 03 FOLMAR 80 1,016 0 1,016 160.83 6.32
110 212 04 FOLMAR 80 1,016 0 1,016 160.83 6.32
110 212 05 FOLMAR 80 1,016 0 1,016 160.83 6.32
110 212 06 THOMPSON 82 4,458 0 4,458 160.83 27.72
110 212 07 WEIR OIL CO 83 16,560 0 16,560 160.83 102.97
21
i
-------------------------------------------------------------------------------------------
APN PROPERTY BASE ASSESSED ASSESSED TOTAL VALUE
NO. OWNER YEAR LAND VALUE IMPROVEMENTS VALUES ASSESSMENT TO LIEN
-------------------------------------------------------------------------------------------
110 212 08 WEIR OIL CO 83 16,560 0 16,560 160.83 102.97
110 212 09 WEIR OIL CO 83 16,560 0 16,560 160.83 102.97
110 212 10 BROWN 80 1,063 0 1,063 160.83 6.61
110 212 11 BROWN 80 1,063 0 1,063 160.83 6.61
110 212 12 MAROW 80 1,016 0 1,016 160.83 6.32
110 212 14 FOLMAR 80 1,016 0 1,016 160.83 6.32
110 212 15 FOLMAR 80 3,014 0 3,014 477.47 6.31
110 212 16 THOMPSON 82 12,542 0 12,542 160.83 77.98
110 212 17 MAROW 80 1,016 0 1,016 160.83 6.32
110 212 18 AMARK 80 3,189 0 3,189 160.83 19.83
110 212 19 FOLMAR 80 1,016 0 1,016 160.83 6.32
110 212 20 FOLMAR 80 1,016 0 1,016 160.83 6.32
110 212 21 FOLMAR 80 2,084 0 2,084 326.69 6.38
110 212 22 AMARK 80 2,504 0 2,504 160.83 15.57
110 213 01 MAROW 80 1,016 0 1,016 160.83 6.32
110 213 02 BATES 84 12,987 0 12,987 160.83 80.75
110 213 03 BEER 80 970 0 970 160.83 6.03
110 213 04 CATRON 87 7,650 0 7,650 160.83 47.57
110 213 05 PARKS 80 1,063 0 1,063 160.83 6.61
110 213 06 PARKS 80 1,063 0 1,063 160.83 6.61
110 213 07 WALLBANK 80 1,063 0 1,063 160.83 6.61
110 213 08 WALLBANK 80 1,063 0 1,063 160.83 6.61
110 213 09 WALLBANK 80 1,063 0 1,063 160.83. 6.61
110 213 10 WALLBANK 80 1,063 0 1,063 160.83 6.61
110 213 11 MAROW 80 1,016 0 1,016 160.83 6.32
110 213 12 BORGHETTI 80 970 0 970 160.83 6.03
110 220 02 BRINDLE 76 37,292 0 37,292 16,962.14 2.20
110 220 03 BRINDLE 78 42,263 0 42,263 10,287.70 4.11
110 220 04 BRINDLE 78 98,972 57,929 156,901 6,674.44 23.51
110 220 05 BRINDLE 80 243,633 0 243,633 12,565.00 19.39
110 221 01 PETTITT 86 3,499 0 3,499 577.99 6.05
110 221 02 WELLER 80 2,269 0 2,269 376.95 6.02
110 221 03 MAIN 80 1,109 0 1,109 183.45 6.05
110 221 04 WALLBANK 87 5,100 . 0 5,100 183.45 27.80
110 221 05 ALLEN 80 1,109 0 1,109 183.45 6.05
22
-------------------------------------------------------------------------------------------
APN PROPERTY BASE ASSESSED ASSESSED TOTAL VALUE
NO. OWNER YEAR LAND VALUE IMPROVEMENTS VALUES ASSESSMENT TO LIEN
-------------------------------------------------------------------------------------------
110 221 06 TITLE INSUR 80 1,109 0 1,109 183.45 6.05
110 221 07 BAILEY 80 1,202 0 1,202 183.45 6.55
110 221 08 WALKER 84 2,927 0 2,927 183.45 15.96
110 221 09 HARGROVE 80 2,177 0 2,177 183.45 11.87
110 221 10 LAMBERT 80 1,109 0 1,109 183.45 6.05
110 221 11 KAHLE 80 1,202 0 1,202 183.45 6.55
110 221 12 HOFFMAN 80 1,109 0 1,109 183.45 6.05
110 221 13 WALKER 84 2,927 0 2,927 183.45 15.96
110 221 14 KELLER 80 1,109 0 1,109 183.45 6.05
110 221 15 DEUTSCH 83 13,246 0 13,246 183.45 72.20
110 221 17 BANK UNION 80 1,109 0 1,109 183.45 6.05
110 221 18 MITCHELL 83 8,323 0 8,323 183.45 45.37
110 221 19 PETTITT 80 1,109 0 1,109 183.45 6.05
110 221 20 TERRY 80 1,109 0 1,109 183.45 6.05
110 221 21 FORD 86 9,883 0 9,883 183.45 5'_.87
110 221 22 SCOULLER 80 1,109 0 1,109 183.45 6.05
110 221 23 SHERRILL 83 5,520 0 5,520 183.45 30.09
110 221 24 WALKER 84 2,927 0 2,927 183.45 15.96
110 221 25 HARGROVE 80 2,177 0 2,177 183.45 11.87
110 221 26 HAY 81 2,966 0 2,966 183.45 16.17
110 222 01 SMITH 84 1,297 0 1,297 183.45 7.07
110 222 02 WOODSON 82 1,113 0 1,113 183.45 6.07
110 222 04 LAN 80 2,269 0 2,269 376.95 6.02
110 222 05 HUBBS 80 1,109 0 1,109 183.45 6.05
110 222 06 FULLER 80 2,269 0 2,269 376.95 6.02
110 222 07 BUTTERS 80 1,202 0 1,202 183.45 6.55
110 222 08 JACOBSON 80 1,389 0 1,389 183.45 7.57
110 222 09 JACOBSON 80 2,781 0 2,781 376.95 7.38
110 222 10 NEWCOMER 80 4,405 0 4,405 728.77 6.04
110 222 11 YOUNG 83 47,473 0 47,473 552.86 85.87
110 222 13 MORTON 80 1,109 0 1,109 183.45 6.05
110 222 14 SPELTS 80 1,389 0 1,389 183.45 7.57
110 222 16 ADDLER 85 8,489 0 8,489 183.45 46.27
110 222 18 TOWNLEY 80 1,109 0 1,109 183.45 6.05
110 222 19 SMITH 85 9,019 0 9,019 183.45 49.16
23
--------------------------------------------------------------------------------------------
APN PROPERTY BASE ASSESSED ASSESSED TOTAL VALUE
NO. OWNER YEAR LAND VALUE IMPROVEMENTS VALUES ASSESSMENT TO LIEN
-------------------------------------------------------------------------------------------
110 222 20 EILERTSEN 87 25,500 0 25,500 552.86 46.12
110 222 21 POWERS 80 1,109 0 1,109 183.45 6.05
110 222 22 STERMAN 87 3,080 0 3,080 183.45 16.79
110 222 23 GUSTAFSON 88 6,054 0 6,054 183.45 33.00
110 222 24 STERMAN 87 3,080 0 3,080 183.45 16.79
110 222 26 BORGHETTI 80 1,063 0 1,063 183.45 5.79
110 222 27 BORGHETTI 80 1,063 0 1,063 183.45 5.79
110 222 28 BORGHETTI 80 1,063 0 1,063 183.45 5.79
110 222 29 SAILER 80 2,154 0 2,154 183.45 11.74
110 222 30 SAILER 80 2,154 0 2,154 183.45 11.74
110 230 08 HUNT BCH CO 83 359,139 0 359,139 73,128.30 4.91
110 072 02 HUNT BCH CO 75 11,832 0 11,832 2,161.18 5.47
111 072 03 HUNT BCH CO 75. 2,601 0 2,601 326.69 7.96
111 072 04 HUNT BCH CO 75 1,156,673 0 1,156,673 155,810.58 7.42
111 072 05 HUNT BCH CO 75 193,451 0 193,451 23,672.46 8.17
111 072 07 HUNT BCH CO 75 35,024 0 35,024 9,649.92 3.63
111 072 08 HUNT BCH CO 75 16,137 0 16,137 4,071.06 3.96
111 072 09 HUNT BCH CO 75 19,258 0 19,258 2,940.21 6.55
111 072 10 HUNT BCH CO 75 76,679 0 76,679 11,760.84 6.52
111 072 11 HUNT BCH CO 83 663,550 0 663,550 12,213.18 54.33
111 072 12 .HUNT BCH CO 83 663,550 0 663,550 12,213.18 54.33
111 072 14 HUNT BCH CO 87 660,302 0 660,302 16,962.14 38.93
111 072 15 HUNT BCH CO 77 94,523 0 94,523 16,962.14 5.57
111 072 17 HUNT BCH CO 78 31,756 25,268 57,024• 7,088.39 8.04
111 072 18 HUNT BCH CO 75 45,767 0 45,767 15,431.55 2.97
111 072 20 HUNT BCH CO 75 85,811 0 85,811 9,825.83 8.73
111 072 21 HUNT BCH CO 77 130,496 14,099 144,595 13,618.12 10.62
111 072 22 HUNT BCH Co 77 25,933 0 25,933 5,026.0� 5.16
111 072 23 HUNT BCH CO 75 53,012 0 53,012 8,242.64 6.43
111 110 01 GREER 75 25,695 5,768 31,463 2,513.00 12.52
111 110 02 GREER 75 25,695 0 25,695 2,513.00 10.22
Ill 110 03 GEOTSCH 75 25,695 0 25,695 2,513.00 10.22
111 110 04 COHN 76 99,822 0 99,822 4,598.79 21.71
111 110 05 COHN 88 63,985 0 63,985 2,462.74 25.98
111 110 07 WEAVER 85 57,631 0 57,631 3,506.50 16.44
24
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APN PROPERTY BASE ASSESSED ASSESSED TOTAL VALUE
NO. OWNER YEAR LAND VALUE IMPROVEMENTS VALUES ASSESSMENT TO LIEN
-------------------------------------------------------------------------------------------
111 110 09 BOLLMAN 88 41,271 70,795 112,066 2,329.29 48.11
111 110 10 GABE 85 27,405 0 27,405 1,177.21 23.28
111 110 11 DUNN 80 7,654 0 7,654 1,177.21 6.50
111 110 12 DUNN 80 7,654 0 7,654 1,177.21 6.50
111 110 13 DUNN 80 7,654 0 7,654 1,177.21 6.50
111 110 14 LANDIS 80 7,654 0 7,654 1,177.21 6.50
111 110 16 CUSTER 85 232,722 24,407 257,129 2,025.48 126.95
111 110 18 MANDIC 84 612,114 1,622 613,736 5,026.00 122.11
111 110 19 GREER 75 25,697 24,467 50,164 2,513.00 19.96
111 110 20 GREER 75 25,697 0 25,697 2,513.00 20.45
111 110 21 PEDERSON 86 106,363 0 106,363 1,256.50 84.65
111 110 22 PEDERSON 86 106,390 0 106,390 1,256.50 604.80
111 110 23 CUSTER 85 19,844 0 19,844 175.91 4.74
111 120 01 S 8 C OIL 75 26,503 0 26,503 4,183.94 5.87
111 120 06 THOMAS 75 25,695 4,869 30,564 4,512.09 6.77
111 120 07 THOMAS 75 25,695 2,643 28,338 4,512.09 6.04
111 120 08 THOMAS 76 64,082 3,782 67,864 4,688.00 17.90
111 120 09 THOMAS 85 320,484 0 320,484 3,790.53 169.59
111 120 11 LINGLE 88 38,057 0 38,057 1,889.71 31.92
111 120 12 LINGLE 88 37,418 0 37,418 1,192.29 31.38
111 120 13 THOMAS 77 11,119 0 11,119 1,177.21 9.45
111 120 14 THOMAS 77 12,068 0 12,068 1,177.21 10.25
111 120 15 THOMAS 77 12,068 0 12,::2 1,177.21 10.25
111 120 16 ARMSTRONG 77 24,138 0 24,138 2,329.29 10.36
111 120 17 THOMAS 77 12,068 0 12,068 1,177.21 10.25
111 120 18 THOMAS 84 70,357 0 70,357 1,177.21 59.77
111 120 19 THOMAS 82 67,908 0 67,908 1,177.21 57.69
111 120 20 THOMAS 82 135,819 2,395 138,214 2,336.83 59.15
111 120 22 THOMAS 75 25,695 7,990 33,685 2,513.00 13.40
111 120 23 THOMAS 75 25,695 2,930 28,625 2,513.00 11.39
111 120 24 THOMAS 75 25,695 41,081 66,776 2,515.51 26.55
111 120 25 THOMAS 76 54,668 13,107 67,775 2,513.00 26.97
111 120 28 WEIR OIL CO 77 27,070 0 27,070 4,183.94 6.47
111 120 29 MUNIZ 78 46,005 7,379 53,384 2,035.53 26.23
111 120 30 THOMAS 81 970 0 970 501.82 1.93
25
-------------------------------------------------------------------------------------------
APN PROPERTY BASE ASSESSED ASSESSED TOTAL VALUE
NO. OWNER YEAR LAND VALUE IMPROVEMENTS VALUES ASSESSMENT TO LIEN
-------------------"------------------------------------------------------------------------
111 130 01 . GEOTSCH 87 51,000 0 51,000 792.72 64.34 y
111 130 02 WEIR OIL CO 84 119,066 0 119,066 1.,753.25 67.91
111 130 05 ASHBY 83 56,307 76,179 132,486 1,169.67 113.27
111 130 06 PETERSON 80 7,654 0 7,654 1,177.21 6.50
111 130 07 LINGLE 88 37,922 0 37,922 1,177.21 32.21
111 130 08 LINGLE 88 37,922 0 37,922 1,177.21 32.21
111 130 09 MACKLINGA 86. 73,350 0 73,350 2,354.42 31.15
111 130 10 HUNT BCH CO 80 7,654 0 7,654 1,177.21 6.50
111 130 11 MILLS 80 6,378 0 6,378 1,133.59 5.63
111 130 12 MILLS 80 6,378 0 6,378 1,288.58 4.95
111 130 14 HNTGTN SURF 80 20,323 0 20,323 2,852.93 7.12
111 130 15 RENNER 80 24,686 0 24,686 4,688.00 5.27
111 130 16 HUNT BCH CO 80 58,006 0 58,006 9,376.00 6.19
111 130 17 HUNT BCH CO 80 29,001 0 29,001 4,688.00 6.19
111 130 18 HUNT BCH CO 80 26,541 0 26,541 7,866.97 3.37
111 130 19 HUNT BCH CO 80 12,201 0 12,201 6,529.86 1.87
111 130 20 HUNT BCH CO 80 58,006 0 58,006 5,026.00 11.54
111 130 21 HUNT BCH CO 80 14,522 0 14,522 1,206.24 12.04
111 130 22 HUNT BCH CO 80 17,400 0 17,400 1,256.50 13.85
111 130 23 HUNT BCH CO 80 58,006 0 58,006 5,026.00 11.54
111 130 24 WEIR OIL CO 80 29,604 0 29,604 2,513.00 11.78
111 130 25 WEIR 78 24,609 26,388 50,997 1,532.93 33.27
111 130 26 WEIR OIL CO 83 76,112 0 76,112 1,753.25 43.41
111 140 01 TELFORD 80 14,150 0 .,150 2,329.29 6.07
111 140 02 WEIR 81 3,975 0 ,975 583.58 6.81
111 140 04 WEAVER 85 26,530 0 26,530 1,177.21 22.54
111 140 05 WEAVER 85 26,530 0 26,530 1,177.21 22.54
111 140 06 WEAVER 85 43,380 4,371 47,751 2,329.29 20.50
111 140 07 LINGLE 85 46,079 0 46,079 2,329.29 19.78
111 140 08 WEAVER 85 46,162 10,612 56,774 1,177.21 48.23
111 140 09 LOMA LINDA 80 6,214 0 6,214 1,177.21 5.28
111 140 14 WEAVER 75 52,961 2,362 55,323 2,513.00 22.01
111 140 15 ALBERT 75 25,695 1,317 27,012 2,513.00 10.75
111 140 16 DABNEY 87 37,894 0 37,894 2,513.00 15.08
111 140 18 DAGMAR 80 29,604 0 29,604 2,513.00 11.78
26
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APN PROPERTY BASE ASSESSED ASSESSED TOTAL VALUE
NO. OWNER YEAR LAND VALUE IMPROVEMENTS VALUES ASSESSMENT TO LIEN
-------------------------------------------------------------------------------------------
111 140 19 GUSTAFSON 78 52,537 91,924 144,461 2,513.00 57.49
111 140 20 TEM PROP 80 9,000 0 9,000 502.60 17.91
111 140 21 TEM PROP 80 24,730 0 24,730 1,231.37 20.08
111 140 22 TEM PROP 80 13,500 0 13,500 753.90 17.91
111 140 23 MILLER 88 89,828 0 89,828 2,513.00 35.75
111 140 24 PEDERSON 86 215,947 0 215,947 2,513.00 85.93
111 140 25 MILLER 88 240,347 38,336 278,733 2,513.00 110.92
111 140 26 LEVOY 80 8,814 0 8,814 628.25 14.03
111 140 27 LEVOY 80 6,354 0 6,354 628.25 10.11
111 140 28 HUNT BCH CO 80 12,386 0 12,386 628.25 19.72
111 140 29 HUNT BCH CO 80 12,386 0 12,386 628.25 19.72
111 140 30 HUNT BCH CO 80 11,226 0 11,226 628.25 17.87
111 140 31 HUNT BCH CO 80 12,386 0 12,386 628.25 19.72
111 140 32 HUNT BCH CO 80 55,126 0 55,126 4,523.40 12.19
111 140 33 HUNT BCH CO 82 52,204 3,074 55,278 4,523.40 12.22
111 140 34 HUNT BCH CO 81 55,663 17,059 72,722 628.25 115.75
111 140 35 HUNT BCH CO 81 165,867 0 165,867 1,884.75 88.00
111 140 36 WEIR 80 6,075 0 6,075 583.58 10.41
111 140 37 WEIR 80 12,201 0 12,201 1,177.21 10.36
111 150 13 WEIR 80 12,433 0 12,433 1,177.21 10.56
111 150 15 ANDERSON 77 36,917 2,930 39,847 1,733.97 22.98
111 150 17 SCOTT 76 66,596 6,952 73,548 1,73-4.97 42.42
111 150 18 HUNT BCH CO 81 170,599 0 170,599 1,935.01 88.16
111 150 19 TIPTON 81 55,617 0 55,617 1,281.63 43.40
111 150 20 TIPTON 80 15,170 0 15,170 1,105.72 13.72
111 150 21 BURLINGHAM 80 63,806 0 63,806 904.68 70.53
111 150 22 HUNT BCH Co 82 57,147 0 57,147 376.95 151.60
111 150 23 HUNT BCH CO 82 57,147 0 57,147 351.82 162.43
111 150 24 ELLIOTT 82 17,306 3,543 20,849 980.07 21.27
111 150 25 LINDLEY 87 24,322 0 24,322 2,436.30 9.98
111 150 26 HUNT BCH CO 75 12,725 0 12,725 2,354.42 5.40
111 150 27 HUNT BCH Co 77 29,955 0 29,955 2,354.42 12.72
111 150 28 HUNT BCH CO 75 26,266 0 26,266 4,791.73 5.48
111 150 29 HUNT BCH Co 77 32,798 0 32,798 2,472.79 13.26
111 150 30 RSTGS INVES 75 14,670 0 14,670 3,731.31 3.93
27
-------------------------------------------------------------------------------------------
APN PROPERTY BASE ASSESSED ASSESSED TOTAL VALUE
NO. OWNER YEAR LAND VALUE IMPROVEMENTS VALUES ASSESSMENT TO LIEN
-------------------------------------------------------------------------------------------
111 150 31 HUNT BCH CO 81 85,304 0 85,304 2,521.66 33.83
111 150 32 HUNT BCH CO 82 34,918 0 34,918 854.42 40.87
111 150 33 HUNT BCH CO 82 33,721 0 33,721 1,777.60 18.97
111 150 34 KELLER 82 6,288 4,012 10,300 226.17 45.54
111 150 36 BROWN 77 11;543 2,074 13,617 3,670.99 3.71
111 150 37 KELLER 75 15,801 943 16,744 2,435.33 6.88
111 150 38 WORTHY 77 20,773 1,652 22,425 2,619.58 8.56
111 150 39 WEIR OIL CO 77 38,477 34,031 72,508 2,817.77 25.73
111 150 40 HUNT BCH CO 75 21,008 0 21,008 3,018.81 6.96
111 150 44 HUNT BCH CO 80 289,751 0 289,751 1,733.97 167.10
111 150 47 HUNT BCH CO 75 28,396 0 28,396 3,881.50 7.32
159 191 01 HUNT BCH CO 77 126,519 0 126,519 2,563.26 49.36
159 191 02 HUNT BCH CO 75 27,826 0 27,826 2,035.53 13.67
159 191 03 HUNT BCH CO 79 5,748 5,748 11,496 2,638.65 4.36
159 191 04 HNTGTN SIGNAL 75 51,211 5,301 56,512 2,613.52 21.62
159 281 01 HUNT BCH CO 75 29,483 0 29,483 2,930.46 10.06
159 281 02 HUNT BCH CO 75 29,054 0 29,054 4,432.41 6.55
159 281 03 HASSETT 75 7,662 16,894 24,556 1,101.82 22.29
159 281 05 HUNT BCH CO 75 33,552 0 33,552 2,186.31 15.35
159 282 08 HNTGTN SIGNAL 84 81,181 0 81,181 879.55 92.30
159 282 09 HNTGTN SIGNAL 75 9,035 0 9,035 879.55 10.27
159 282 10 GODDARD 77 56,938 0 56,938 1,608.32 35.40
159 282 11 SCOTT 75 50,829 0 50,829 4,950.61 10.27
159 282 12 HUNT BCH CO 80 7,282 0 7,282 779.03 9.35
159 311 02 HUNT BCH CO 75 421,418 0 421,418 20,078.87 20.99
159 311 03 HUNT BCH CO 75 53,768 0 53,768 5,277.30 10.19
159 311 04 HUNT BCH Co 81 41,515 0 41,515 376.95 110.13
159 311 05 HUNT BCH CO 81 41,515 0 41,515 376.95 110.13
159 311 06 HUNT BCH CO 81 54,592 0 54,592 603.12 90.52
159 311 07 HUNT BCH CO 75 14,053 135 14,188 502.60 28.23
159 311 08 ESPITIA 75 14,005 2,310 16,315 653.38 24.97
159 311 10 ESPITIA 75 12,068 0 12,068 653.38 18.47
159 311 11 BRUNO 76 23,613 0 23,613 653.38 36.14
159 311 12 SO PAC RR * 0 0 0 1,155.98 0.00
159 351 01 WSTRN HOMEX ** 0 0 0 12.56 0.00
28
-------------------------------------------------------------------------------------------
APN PROPERTY BASE ASSESSED ASSESSED TOTAL VALUE
NO. OWNER YEAR LAND VALUE IMPROVEMENTS VALUES ASSESSMENT TO LIEN
-------------------------------------------------------------------------------------------
159 351 02 WSTRN HOMEX ** 0 0 0 163.34 0.00
159 351 03 FAAS 87 127,500 0 127,500 522.70 243.93
159 351 04 WSTRN HOMEX 88 90,180 249,820 340,000 600.61 566.09
159 351 05 WSTRN HOMEX 88 111,650 193,350 305,000 628.25 485.48
159 351 06 ORLANDO 87 127,500 218,764 346,264 678.51 510.33
159 351 07 WSTRN NOMEX 88 312,380 7,720 320,100 731.28 437.73
159 351 08 WSTRN HOMEX 88 93,235 204,748 297,983 731.28 407.48
159 351 09 WSTRN HOMEX 88 125,000 221,788 346,788 758.93 456.94
159 351 10 THOMAS 87 136,170 261,528 397,698 914.73 434.77
159 351 11 STEDD 87 127,500 225,454 352,954 706.15 499.83
159 351 12 WSTRN HOMEX 88 94,630 245,370 340,000 706.15 481.48
159 351 13 ENGLE 87 127,500 196,195 323,695 706.15 458.39
159 351 14 BUSCHE 87 124,440 0 124,440 731.28 170.17
159 351 15 WSTRN HOMEX 88 101,850 238,150 340,000 841.86 403.87
159 351 16 WSTRN HOMEX 88 123,080 161,920 285,000 758.93 375.53
159 351 17 FAAS 87 127,500 0 127,500 628.25 202.94
159 351 18 WSTRN HOMEX ** 0 0 0 188.47 0.00
159 352 01 GALE 87 106,375 198,204 304,579 809.19 376.40
159 352 02 BIOXIN 87 108,446 165,933 274,379 678.51 404.38
159 352 03 CRACCHIOLO 87 106,090 178,489 284,579 809.19 351.68
159 352 04 MCDEVITT 88 165,450 233,550 399,000 861.96 462.90
159 352 05 KUBELKA 86 171,666 472,205 643,871 3,030.68 212.45
159 352 06 CHAPMAN 87 163,200 0 163,200 1,829.46 89.21
159 352 07 WATSON 88 119,646 153,088 272,734 731.28 372.95
159 352 08 DAHL 88 114,300 225,700 340,000 784.06 433.64
159 352 09 EDWARDS 87 132,436 182,743 315,179 784.06 401.98
159 352 10 ALDOROTY 87 123,134 185,745 308,879 809.19 381.71
159 352 11 WALTERS 87 136,812 178,367 315,179 861.96 365.65
159 352 12 DUNCAN 88 136,170 201,302 337,472 992.63 339.98
159 352 13 RABOY 87 113,107 166,372 279,479 731.28 382.18
159 352 14 WSTRN HOMEX 88 130,716 223,784 354,500 653.38 542.56
159 352 15 MCDEVITT 88 145,D80 257,920 403,000 522.70 771.00
159 352 16 MCDEVITT 88 155,230 233,770 389,000 575.48 675.96
159 352 17 MANDIC 86 166,464 0 166,464 2,691.42 61.85
159 352 18 HILL 87 158,100 0 158,100 2,299.39 68.76
29
-------------------------------------------------------------------------------------------
APN PROPERTY BASE ASSESSED ASSESSED TOTAL VALUE
NO. OWNER YEAR LAND VALUE IMPROVEMENTS VALUES ASSESSMENT TO LIEN
-------------------------------------------------------------------------------------------
159 352 19 FISHER 87 51,550 79,829 131,379 653.38 201.08
159 352 20 PLUNKETT 87 121,380 78,206 199,586 967.50 206.29
159 352 21 WSTRN NOMEX ** 0 0 0 155.81 0.00
------------ ------------ ------------ -------------- -------
TOTAL S26,334,488 $11,607,689 $37,942,177 $1,774,511.35 21.38
------------ ------------ ------------ -------------- -------
------------ ------------ ------------ -------------- -------
*PRIOR TO 1977
**COMMON AREA EASEMENTS
30
Environmental Review.
The Project is subject to the provisions of the California Environmental Quality
Act (CEQA), Public Resources Code, Section 21000 et sea.
On November 23, 1988, the City Council of the City of Huntington Beach adopted
a Negative Declaration under the Act to the effect that "the Project will not have a
significant effect on the environment". A Notice of Determination was filed in the
Offices of the County Clerk on November 28, 1988, and the statute of limitations for
persons seeking to challenge the City's approval of the Negative Declaration will have
expired on December 28, 1988.
Property Tax Delinquencies.
The following tax delinquency information was compiled during the week ending
October 26, 1988 from Orange County public records. While all efforts have been made to
be as thorough as possible no warranties are given concerning the accuracy or
completeness of this information.
SUMMARY OF TAX DELINQUENCIES
(Week Ending October 26, 1988)
Number
Parcels to be Assessed 381
Parcels delinquent for
1987-88, Only 4
Parcels Delinquent Prior Years 7
Total Parcels Delinquent 11
Total Assessment of Delinquent
Parcels $11,077.10
Percentage of Total Assessment
Represented by Delinquent Parcels 0.62%
* Information concerning the first installment of 1988-89 taxes are unavailable.
31
CITY OF HUNTINGTON BEACH
ASSESSMENT DISTRICT NO. 88-1
(RESERVOIR HILL)
Tax Delinquencies
(Week Ending October 26, 1988)
Assessor's Assessment Fiscal Prior Years'
Parcel No. Amount Year Delinauent Tax
110-192-16 $ 158.32 85/86 $ 80.26
110-193-02 158.32 85/86 80.26
110-212-06 160.83 85/86/87 233.68
110-212-16 160.83 85/86/87 576.48
110-222-29 183.45 86/87 92.29
110-222-30 183.45 86/87 92.29
111-110-21 1,256.50 87/88 1,357.20
111-110-22 1,256.50 87/88 1,357.55
111-120-01 4,183.94 86/87 742.02
111-140-24 2,513.00 87/88 2,719.17
159-352-11 861.96 87/88 200.56
TOTAL $11,077.10 $7,531.76
---------- ----------
---------- ----------
Source: Orange County Public Records.
The Property Owners.
The following specific information regarding ownership of assessed parcels in the
District has been provided by the City. This information is included because it may be
relevant to an informed evaluation of the Project and the security for the Bonds.
However, no assurance can be given that ownership of one or more of such parcels will
not be changed. Additionally, certain parcels within.the District and which are subject to
assessment are subject to leases which permit the lessee to utilize the leasehold property
for oil and gas extraction. The leases have indefinite terms and terminate only when
abandoned by the lessee or when the extration of oil and gas is no longer profitable for
the lessee in the determination of the lessee. Under the terms of these leases, the property
owner/lessor is responsible for the payment of all assessments on the leasehold properties.
The Huntington Beach Company (See THE ASSESSMENT DISTRICT - The Huntington
Beach Company (HBCO)) is the property owner/lessor of all properties subject to these
leases.
As a result of the existing oil leases, much of the property within the District has
been used for oil production. As a result of this use, there exists the possibility that such
property may contain residue from the oil operations. Prior to approval of development
plans, the City requires certification from the property owner that no such residue is
present.
32
Currently there are no plans by any of the owners for development and it is
unknown what may occur in the future. This information should not be construed to
suggest that the Bonds or the assessments securing the Bonds are personal obligations of
the property owners or the developers.
Property Owner Percent of Assessment
t
The Huntington Beach Co. 70%
All Others 30%
The Huntington Beach Company (HBCO).
The following information about the Huntington Beach Company was provided by
HBCO.
The Huntington Beach Company commenced operations in 1903 as a real estate and
agricultural concern with holdings and operations centered in what became the City of
Huntington Beach in Orange County. In 1919, HBCO entered into an oil and gas drilling
lease with Chevron, which soon discovered oil on its leasehold interest and subsequently
acquired more than 60% of HBCO's Common Stock. For the next four decades, HBCO
profited primarily from oil and gas operations. With the maturing of its oil fields, HBCO
again concentrated on real estate development, its present primary focus. Development by
HBCO is concentrated mainly in Southern California. HBCO is a wholly-owned
subsidiary of Chevron Corporation.
Encyclopedia Lots.
In 1914 and 1915, the Encyclopedia Americana gave away a "coastal lot" in
Huntington Beach with every set of encyclopedias it sold. These lots, known as
"Encyclopedia Lots", are usually distinguished by their odd size, approximately 25' x 100'.
Several of these lots are within the District (about 113 lots with aggregate assessments of
approximately $18,724.36), but because of their size, residential development of such lots
is prohibited by City ordinance unless consolidated with other similar lots to form estate-
size lots (approximately 6 encyclopedia lots or a total of 15,000 square feet).
I
33
THE CITY
Organization.
The City of Huntington Beach, located in the County of Orange, was incorporated
in 1909, and operates under a Charter adopted in 1937 as amended and restated in 1982
and in 1984. The Charter provides for a Council-Administrator form of government.
Seven council members, including a mayor, are elected at large. Currently, the City is
comprised of the following members who serve four-year terms:
Term
Agency Member Expires Occupation
Wes Bannister, Mayor 1990 Insurance Broker
Tom Mays, Mayor Pro Tern 1990 System Analyst
John Erskine 1990 Building Industry Director
Peter Green 1992 Professor
Don MacAllister 1992 Computer Consultant
Jim Silva 1992 High School Teacher
Grace Winchell 1990 College Counselor
The professional staff of the City presently includes the following members:
Paul E. Cook is the City Administrator. Immediately prior to his appointment to
this position, Mr. Cook served as Director of Public Works for the City for eight years.
Mr. Cook graduated from the University of Maine with a Bachelor of Science degree in
Civil Engineering, and from the University of Southern California with a Masters Degree
in Public Administration.
Robert Franz is Deputy City Administrator of the City. Prior to his appointment,
Mr. Franz served as the Assistant City Administrator of the City of Montebello for 11
years. Mr. Franz graduated from Occidental College with a Bachelor of Arts degree in
Mathematics. He also received a Masters Degree in Business Administration from the
University of Southern California.
Louis F. Sandoval is the Public Works Director of the City. Prior to his
appointment to this position, Mr. Sandoval served as Public Services Director for the cities
of Whittier and Beverly Hills. Mr. Sandoval graduated from the University of Southern
California with a Bachelor of Science degree in Public Administration.
Lester G. Evans is the City Engineer. Prior to his appointment he served as the
City Engineer for the City of Carlsbad, California for three years and as Director of
Public Works/City Engineer for the City of Rialto for six years. Mr. Evans graduated
from Claremeont McKenna College with a Bachelor of Arts Degree, from Stanford
University with a Bachelor of Science Degree in Civil Engineering and from the
University of California at Riverside with a Masters Degree in Public Administration.
34
Assessed Valuation.
The following table lists the City's assessed valuation for the past five years.
CITY OF HUNTINGTON BEACH
ASSESSED VALUATION
1985/86 TO 1988/89
Assessed
Year Valuation
1985/86 $7,445,307,033
1986/87 8,000,260,977
1987/88 8,556,563,390
1988/89
The table on the following page shows the City's direct and overlapping debt as of
December 7, 1988.
35
CITY OF HUNTINGTON BEACH
1988-89 ASSESSED VALUATION
$8,580,201,414 (after deducting $201,634,519
redevelopment tax allocation increment)
Direct and Overlannina Bonded Debt % Annlicable/ Debt 12/1/88
Orange County 7.883 $ 138,740
Orange County Building Authorities 7.883 8,436,839
Orange County Flood Control District 7.885 690,726
Metropolitan Water District 1.599 8,402,105
Municipal Water Dist. of Orange Co.
Water Facilities Corp. 12.400 8,537,400
Orange County Sanitation Dists. #1, 2 & 3
Certificates of Participation 5.253 6,072,468
Orange County Sanitation District #3 11.168 63,545
Orange County Sanitation District #11 99.943 212,878
Coast Community College Dist. Authority 30.138 6,291,307
Los Alamitos Unified School District 1.698 12,244
Huntington Beach Union High School Dist. 70.196 1,389,880
Fountain Valley School District 30.642 1,401,871
Huntington Beach School District 96.760 1,209,500
Ocean View School District 93.123 2.123,204
City of Huntington Beach 100.000 2,615,000
City of Huntington Beach Bldg. Authorities 100.000 23,130,0002
TOTAL GROSS DIRECT AND OVERLAPPING
BONDED DEBT $70,728,7073
Less: MWDOC Water Facilities Cor.
(100% self-supporting) 8,537,400
Orange Co. Sanitation Dist. #3
(100% self-supporting) 63.545
TOTAL NET DIRECT AND OVERLAPPING BONDED
DEBT $62,127,762
Ratios to 1988-89 Assessed Valuation
Direct Debt ($25,745,000) 0.30%
Total Gross Debt 0.82%
Total Net Debt 0.72%
SHARE OF AUTHORIZED AND UNSOLD BONDS
Metropolitan Water District $4,237,350
Fountain Valley School District $1,506,054
Ocean View School District $1,732,088
STATE SCHOOL BUILDING AID REPAYABLE AS OF 6/30/88: $30,901,907
YN: ($200)
1. Based on 1987-88 ratios.
2. Excludes 1915 Act bonds to be sold.
3. Excludes tax and revenue anticipation notes, revenue, mortgage revenue and tax
allocation bonds and non-bonded capital lease obligations.
36
CONCLUDING INFORMATION
Tax Exemption.
In the opinion of Brown & Diven, Bond Counsel, under existing statutes,
regulations, rulings and court decisions, the interest on the Bonds is excluded from gross
income for federal income tax purposes pursuant to Section 103(a) of the Internal
Revenue Code of 1986, as amended (the "Code"). In addition, Bond Counsel is of the
opinion that the Bonds are not "private activity bonds" within the meaning of Section
141(a) of the Code and, therefore, the interest on the Bonds is not a specific item of tax
preference for purposes of the Code's alternative minimum tax provisions, except to the
extent provided in the following sentence. Interest on the Bonds received by a corporation
will be included in book income and adjusted current earnings for purposes of computing
its alternative minimum tax liability. Bond Counsel is further of the opinion that the
interest on the Bonds is exempt from personal income taxes of the State of California
under present state law.
Bond Counsel's opinion as to the exclusion from gross income of interest on the
Bonds is subject to the condition that the District comply with all requirements of the
Internal Revenue Codes of 1986, as amended (the "Code"), that must be satisfied
subsequent to the issuance of the Bonds to assure that interest of the Bonds will not
become includable in gross income for federal income tax purposes. Failure to comply
with such requirements could cause interest on the Bonds to be included in gross income
for federal income tax purposes retroactive to the date of issuance of the Bonds. The
District has covenanted to comply with all such requirements. Bond Counsel has not
undertaken to determine (or to inform any person) whether any actions taken (or not
taken) or events occurring after the date of issuance of the Bonds may affect the tax
status of interest on the Bonds.
Although Bond Counsel has rendered an opinion that interest on the Bonds is
excluded from gross income for federal income tax purposes, the accrual or receipt of
interest on the Bonds may otherwise affect the federal income tax liability of the
recipient. The extent of these other tax consequences will depend upon the recipient's
particular tax status and other items of income or deductions. Bond Counsel expresses no
opinion regarding any such consequences. Accordingly, all potential purchasers should
consult their tax advisors before purchasing any of the Bonds.
Litigation.
According to the City, there is no known controversy or litigation of any nature
now pending to restrain or enjoin the issuance, sale, execution or delivery of the Bonds or
in any way contesting or affecting the validity of the Bonds, the proceedings of the City
taken with respect to the issuance or sale thereof, the existence or powers of the City or
the title of any officer of the City Council to his/her respective position.
No Rating.
The City has not, and does not contemplate making, application to any rating
agency for the assignment of a rating to the Bonds.
37
Legal Opinion.
All proceedings in connection with the issuance of the Bonds are subject to the
approval of Brown & Diven, Rancho Santa Fe, California, Bond Counsel for the City in
connection with the Assessment District Project. The unqualified opinion of Brown &
Diven approving the validity of the Bonds will be printed on each Bond.
Underwriting.
Stone and Youngberg, the Underwriter, has purchased the Bonds from the City at
an aggregate discount of $ from the total par value of the Bonds as set
forth on the cover page of this Preliminary Official Statement. The public offering
prices may be changed from time to time by the Underwriter. The Underwriter may
offer and sell Bonds to certain dealers and others at prices lower than the offering price
stated on the cover page hereof.
38
CITY OF HUNTINGTON BEACH
(Orange County, California)
CITY COUNCIL
Wes Bannister, Mayor
Tom Mays, Mayor Pro Tern
John Erskine, Councilmember
Peter Green, Councilmember
Don MacAllister, Councilmember
Jim Silva, Councilmember
Grace Winchell, Councilmember
CITY STAFF
Paul Cook, City Administrator
Robert J. Franz, Deputy City Admin./Chief of Admin. Services
Louis F. Sandoval, Public Works Director
Les Evans, City Engineer
BOND COUNSEL
Brown & Diven
Rancho Santa Fe, California
ASSESSMENT ENGINEER
Black & Veatch
Santa Ana, California
FINANCIAL ADVISOR
Fieldman, Rolapp & Associates
Irvine, California
FISCAL AGENT/REGISTRAR/PAYING AGENT/TRANSFER AGENT
Bank of America National
Trust and Savings
Los Angeles, California
i
TABLE OF CONTENTS
Page
I. INTRODUCTION..................................................................................................................1
II. REGIONAL LOCATION MAP.......................................................................................3
I1I. VICINITY MAP..............:.......................................................................................................4
IV. THE BONDS
Purposeof the Bonds...........................................................................................................5
Authorityfor Issuance........................................................................................................5
Descriptionof the Bonds...................................................................................................5
Redemptionof Bonds..........................................................................................................5
RefundingBonds...................................................................................................................6
Registration..............................................................................................................................6
V. SECURITY FOR THE BONDS
Limited Obligation of the City Upon Delinquency.............................................7
ReserveFund...........................................................................................................................7
Covenant to Commence Superior Court Foreclosure...........................................8
Covenants of the City Regarding Arbitrage
andRebate.............................................................................................................................8
Priorityof Assessment Lien.............................................................................................9
Special Assessments —Article XIIIA and XIIIB of the
California Constitution...................................................................................................9
Estimated Annual Debt Service....................................................................................10
VI. BONDOWNERS' RISKS
General......................................................................................................................................11
Bankruptcy and Foreclosure..........................................................................................11
Factors Which May Affect Land Development....................................................12
Limited City Obligation Upon Delinquency.........................................................12
Direct and Overlapping Debt..........................:.............................................................12
VII. THE PROJECT
Descriptionof Work...........................................................................................................13
Estimated Projects Costs...................................................................................................13
Method and Formula of Assessment..........................................................................14
Summary of Assessment Proceedings.........................................................................15
Special Assessment Investigation, Limitation and
MajorityProtest Act of 1931......................................................................................16
Disposition of Surplus Funds........................................................................................16
VIII. THE ASSESSMENT DISTRICT
Existing Zoning and Land Use.....................................................................................17
Agencies Which Provide Public Utilities.................................................................17
Access to Parcels to be Assessed..................................................................................18
AssessmentRoll ...................................................................................................................18
Environmental Review......................................................................................................31
Property Tax Delinquencies...........................................................................................31
TheProperty Owners .......................................................................................................32
The Huntington Beach Company.................................................................................33
EncyclopediaLots................................................................................................................33
ii
$1,653,904.59
CITY OF HUNTINGTON BEACH
(Orange County, California)
ASSESSMENT DISTRICT NO. 88-1
(RESERVOIR HILL)
INTRODUCTION
This Introduction does not purport to describe in detail all pertinent matters relating to
the Bonds, the Project, the District, the Proposed Development and Property Ownership.
Reference is hereby made to the entire Official Statement including the cover page and the
Appendices, if any, for further information in connection herewith.
This Official Statement describes the City of Huntington Beach, Orange County,
California (the "City", the "County", and "State", respectively), Assessment District No. 88-1
(Resevoir Hill) (the "District") and provides information material to the sale of
$1,653,904.59 Limited Obligation Improvement Bonds (the 'Bonds") proposed to be issued
by the City pursuant to the Improvement Bond Act of 1915 (the "1915 Act" or the "Bond
Law") and pursuant to assessment proceedings conducted in accordance with the
Municipal Improvement Act of 1913 (the "1913 Act").
The District lies predominantly in an area of the City of Huntington Beach,
California, known as the "Reservoir Hill" area. The District is bounded on the north by
Ellis Avenue, on the east by Huntington Street, on the South by Yorktown, and on the
west by a line parallel to and approximately 1,000 feet west of Edwards Street.
The District is situated in the southwest portion of the City. The District consists
of 303 assessed parcels (the "Assessed Parcels") with an actual assessed acreage of
approximately 557.638 acres. Resevoir Hill area consists predominantly of currently
undeveloped properties which are located in an area of the City which lies generally
above elevation 60.
Proceeds from the Bonds will be used to fund a public improvement project (the
"Project") generally consisting of approximately 12,740 lineal feet of water mains and
appurtenances within the boundaries of the District.
According to the City, the Orange County Assessor reports that the 1988-89
assessed valuation of all properties assessed under these proceedings totals $32,423,309
($23,235,173 land, $9,188,136 improvements), which is approximately 19.60 times greater
than the aggregate assessment. For a discussion of assessed valuation, your attention is
directed to "The District" section herein.
1
I
The Bonds are issued upon and secured by the unpaid assessments levied in the
improvement proceedings, and said unpaid assessments together with interest thereon
constitute a trust fund for the redemption and payment of the principal of the Bonds and
the interest thereon. All the Bonds are also secured by the moneys in the Redemption
Fund created pursuant to the assessment proceedings and by the unpaid assessments levied
to provide for payment of said construction and acquisition of improvements, and,
including principal and interest, are payable exclusively out of the Redemption Fund.
The unpaid assessments represent fixed liens on the lots and parcels assessed. They do
not, however, constitute a personal indebtedness of the respective owners of said lots and
parcels.
Under the provisions of the Improvement Bond Act of 1915, installments of
principal and interest sufficient to meet annual debt service on the Bonds are to be
included on the regular county tax bills sent to owners of property against which there
are unpaid assessments. These annual installments are to be paid into a redemption fund
("Redemption Fund") which will be held by the Fiscal Agent and will be used to pay Bond
principal and interest as they become due. The installments billed against each property
each year represent a pro rata share of the total principal and interest coming due that
year, based on the percentage which the unpaid assessment against that property bears to
the total of unpaid assessments levied to repay the Bonds.
If a delinquency occurs in the payment of any assessment installment, the City has
the duty to transfer an amount equal to the delinquent installment from the Reserve Fund
to the Redemption Fund. THE CITY HAS ELECTED IN THE PROCEEDINGS NOT TO
BE OBLIGATED TO ADVANCE AVAILABLE FUNDS FROM THE CITY'S TREASURY
IN THE EVENT OF A REDEMPTION FUND DEFICIENCY; PROVIDED, HOWEVER,
THAT ITS ELECTION SHALL NOT PREVENT THE CITY FROM, IN ITS SOLE
DISCRETION, SO ADVANCING FUNDS FOR SUCH PURPOSE AS OTHERWISE
PROVIDED IN THE 1915 ACT.
To provide funds which can be advanced to the Redemption Fund for payment of
the Bonds and the interest thereon as a result of any delinquent assessment installments,
the City will establish a special reserve fund (the "Reserve Fund") from Bond proceeds in
the amount of six percent (6%) of the aggregate principal amount of the Bonds.
Additionally, subject to City advances to the Reserve Fund, the City will covenant to
initiate Superior Court foreclosure in the event of a delinquency within 150 days
following such delinquency and to prosecute diligently to completion the foreclosure of
each and every delinquent assessment installment. The right of redemption under this
procedure is limited as opposed to the five year period under a tax sale. r
The Bonds are not general obligations of the City, of the State of California, or of _
any other political subdivision of the State, and neither the City nor the State, nor any
political subdivision of the State, has pledged its full faith and credit for the payment
thereof.
For a more complete description see the subsections herein entitled "Security of the
Bonds," "Reserve Fund" and "Covenant to Commence Superior Court Foreclosure" as
described in the section entitled "The Bonds" herein.
The City has caused the preparation of this Official Statement; however,
information contained herein does not purport to be comprehensive or definitive. All
references to the Bonds and the Project are qualified in their entirety by reference to the
Engineer's Report and to the City's resolutions setting forth the terms and description
thereof.
2
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THE BONDS
I
Purpose of the Bonds.
The Bonds are authorized for the purpose of providing funds for water system
improvements to benefit an area of approximately 588.10 net assessable acres. The
improvements include the construction of certain water system improvements, together
with appurtenances. The specific improvements to be made with the proceeds from the
sale of the Bonds are described in the Resolution of Intention (define hereinbelow) and in
"The Project" section of this Official Statement.
Authority for Issuance.
The acquisition and improvement proceedings for the District have been
conducted pursuant to Division 12 of the Streets and Highways Code of the State of
California (the "Municipal Improvement Act of 1913") and the Resolution of Intention No.
59-26, adopted by the City Council of the City of Huntington Beach. The Bonds will be
issued pursuant to the Bond Indenture (the "Indenture") dated December 19, 1988
approved by the City Council. The Bonds are secured by the unpaid assessments levied
against private property in the District in accordance with the provisions of the 1913 Act
and will be issued pursuant to Division 10 of the Streets and Highways Code (the "Bond
Law").
Description of the Bonds.
The Bonds will be issued in the aggregate principal amount of $1,653,904.59 and
will be dated January 17, 1989. The Bonds will be issued as fully registered serial Bonds
in denominations of any multiple of $5,000 each, except one Bond due in 1990, which will
include the amount by which the principal amount of the issue exceeds the largest
integral multiple of $5,000 contained therein. Interest on the Bonds shall be payable on
March 2 and September 2 of each year commencing March 2, 1990. Principal of and
premiums, if any, on the Bonds are payable upon presentation by the registered owner or
his duly authorized representative at Bank of America National Trust and Savings, San
Francisco, California, Fiscal Agent. Interest shall be paid by check or draft of the Fiscal
Agent mailed to the registered owners (as shown on the registration books kept by the
Fiscal Agent) as of the 15th day of the month immediately preceding the interest payment
date.
Redemption of Bonds.
Any Bond may be called for redemption prior to maturity at the option of the City
Treasurer in increments of $5,000 on any March 2 or September 2 upon payment of the
principal amount, together with a premium of three percent (3%) of such principal
amount and accrued interest on such principal amount to the date of redemption. No
interest will accrue on the redeemed portion of a Bond beyond the March 2 or September
2 on which said Bond is called for redemption. Notice of redemption must be given by
personal service or registered mail or certified mail to the registered owners at the
registered owner's address as it appears on the registration books of the Registrar at least
30 days prior to the redemption date. The determination as to which Bond or Bonds are
to be called will be made in accordance with Part 11.1 of the Bond Law. If less than an
entire Bond is redeemed, the unredeemed portion shall be reissued to the registered owner
thereof. Subdivision, development or sale of parcels within the District could result in
5
the early discharge of assessment liens. Such early discharge will result in redemption of
Bonds prior to their stated maturities.
Refunding Bonds.
Pursuant to the "Refunding Act of 1984 for 1915 Improvement Act Bonds",
Division 11.5 of the Streets and Highways Code of the State of California, the City may
issue refunding bonds for the purpose of redeeming the Bonds. The City may issue and
sell refunding bonds without giving notice to and conducting a hearing for the owners of K
property in the District, or giving notice to the holders of the Bonds if the governing
body of the City finds that (i) each estimated annual installment of principal and interest
on the reassessment to secure the refunding bonds is less than the corresponding annual
installment of principal and interest on the original assessment, (ii) the number of years
to maturity of all refunding bonds is no more than the number of years to the last
maturity of the Bonds being refunded, and (iii) the amounts of any reassessments are
computed by reducing each original assessment by the same percentage. Upon issuing
refunding bonds, the governing body of the City could require that the Bonds be
exchanged for refunding bonds on any basis which the governing body determines is for
the benefit of the City if the Bondholders consent to the exchange. As an alternative to
exchanging the refunding bonds for the Bonds, the City could sell the refunding bonds
and utilize the proceeds to pay the principal of and interest and redemption premium, if
any, on the Bonds as they become due, or advance the maturity of the Bonds and pay the
principal of and interest and redemption premium thereon.
Registration.
The Bonds will be issued only as fully registered serial Bonds. Interest shall be
payable to the registered owner at the owner's address as it appears on the registration
books of the Fiscal Agent, or at such address as may have been filed with the Fiscal
Agent for that purpose, as of the 15th day of the month immediately preceding each
interest payment date.
The Bonds will be transferable by the registered owner or by the registered owner's
attorney, duly authorized in writing, at the office of the Fiscal Agent, subject to the
terms and conditions provided in the Fiscal Agent's system for the registration for
registered debt obligations, including the payment of certain charges, if any, upon
surrender and cancellation. Upon such transfer, a new registered Bond or Bonds, of any
authorized denomination or denominations of the same maturity, for the same aggregate
principal amount, will be issued to the Transferee in exchange therefor.
6
SECURITY FOR THE BONDS
The Bonds are issued upon and secured by the unpaid assessments levied in the
improvement proceedings, and such unpaid assessments together with interest thereon
constitute a trust fund for the redemption and payment of the principal of and interest
on the Bonds. All of the Bonds are secured by the moneys in the Redemption Fund and
the Reserve Fund created pursuant to the assessment proceedings and by the unpaid
assessments levied against private property within the District to provide for payment of
said acquisition and construction of improvements. Principal of and interest on the Bonds
are payable exclusively out of the Redemption Fund.
The Bonds are not general obligations of the City and neither the faith and credit
nor the taxing power of the City, the State of California or any of its political
subdivisions is pledged to the payment of the Bonds.
The unpaid assessments constitute fixed liens on the lots and parcels assessed, and
do not constitute a personal indebtedness of the respective owners of said lots and parcels;
accordingly, in the event of delinquency proceedings may only be had against the real
property securing such delinquency. There is no assurance that the owners will be
financially able to pay the assessment installments or that they will pay such installments
even though financially able to do so.
The unpaid assessments will be collected in annual installments, together with
interest on the declining balances, on the tax roll on which general taxes on real property
are collected and are payable, and will become delinquent at the same time and in the
same proportionate amounts and bear the same penalties and interest after delinquency as
do said general taxes. The properties upon which the assessments were levied are subject
to the same provisions for sale and redemption as are properties for nonpayment of
general taxes; however, a shorter period of redemption may apply under provisions of state
law.
Limited Obligation of the City Upon Delinquency.
If a delinquency occurs in the payment of any assessment installment, the City has
the duty to transfer the amount of such delinquent installment from the Reserve Fund
into the Redemption Fund. If there are additional delinquencies, after depletion of the
Reserve Fund, the City has no duty to transfer into the Redemption Fund the amount of
the delinquency out of any available funds of the City. Bondowners should not rely upon
the City to advance monies to the Redemption Fund should the Reserve Fund ever be
depleted.
Reserve Fund.
The Bond Indenture authorizing and providing for the issuance of Bonds, pursuant
to the Improvement Bond Act of 1915, for the District will provide for the creation of a
special reserve fund ("Reserve Fund") to provide available funds, to the extent of such
Reserve Fund, from which the City shall make payment of the amount of any delinquent
assessments levied in the proceedings and interest thereon, for transfer into the
Redemption Fund for the Bonds. Payments from such Reserve Fund shall be deemed an
advance to be reimbursed and deposited in the Reserve Fund from the proceeds of
redemption or sale of the properties with respect to which payment of delinquent
assessments and interest thereon was paid.
7
I
The Reserve Fund shall be held and maintained by the Fiscal Agent as a separate
trust account distinct from all other funds of the City. Upon receipt of the proceeds of
sale of the Bonds, an amount equal to six percent (6%) of the aggregate principal amount
of Bonds shall be deposited in the Reserve Fund.
Covenant To Commence Superior Court Foreclosure.
The Bond Law provides that in the event any assessment or installment thereof or
any interest thereon is not paid when due, the City may order the institution of an action
in the Superior Court of the State of California to foreclose the lien of the unpaid
assessment as authorized in Part 14 of Division 10 of the Streets and Highways Code of
the State of California. In such action, the real property subject to the unpaid assessment
may be sold at a court foreclosure sale.
Such court foreclosure sale procedure is not mandatory. However, the City will
covenant with the registered Bond owners, that court foreclosure proceedings shall be
commenced within 150 days following the date of such delinquency and that it will be
diligently prosecuted to final judgment and sale. The City may, however, defer
foreclosure proceedings if the City advances funds to the Reserve Fund to maintain the
Reserve Fund at its original level.
Effective July 1, 1983, a judgment debtor (property owner) has at least 140 days
from the date of service of the notice of levy to redeem the property to be sold. If a
property owner fails to so redeem and the property is sold, his or her only remedy is an
action to set aside the sale which must be brought within six (6) months of the date of
sale. If, as a result of such an action, a foreclosure sale, is set aside, the judgment is
revised and the judgment creditor is entitled to .interest on the revised judgment as if the
sale had not been made. (Section 701.680 of the Code of Civil Procedure of the State of
California.) The constitutionality of the aforementioned legislation (which repeals the
one-year redemption period) has not been tested and there can be no assurance that, if
tested, such legislation will be upheld.
Foreclosure proceedings may be deferred if the City advances funds to the Reserve
Fund to keep said Fund continually at the level as initially funded (six percent [6%] of
the principal amount of the Bonds originally issued), less adjustments for Bonds redeemed
prior to maturity, as set forth in the Covenant for Superior Court Foreclosure.
IN THE EVENT SUCH SUPERIOR COURT FORECLOSURE OR
FORECLOSURES ARE NECESSARY, THERE MAY BE DELAYS IN PAYMENTS TO
BONDHOLDERS PENDING PROSECUTION OF THE FORECLOSURE PROCEEDINGS .
TO COMPLETION AND RECEIPT BY THE CITY OF THE PROCEEDS OF THE
FORECLOSURE SALE; IT IS ALSO POSSIBLE THAT NO BID WOULD BE RECEIVED
AT THE FORECLOSURE SALE.
Covenants of the City Regarding Arbitrage and Rebate.
The City covenants and agrees to take no action which, in the opinion of Bond
Counsel, would result in interest on the Bonds becoming includable in gross income under
federal income tax law. The City represents and covenants in the Bond Indenture, for the
benefit of the Bondowners, that it will comply with all applicable requirements of the
Internal Revenue Code of 1986, as amended (the "Code"), together with any amendments
thereto and regulations applicable thereto necessary to preserve the exclusion from gross
income for purposes of federal income taxation of interest of the Bonds.
8
r
Priority of Assessment Lien.
The assessment (and any re-assessment) and each installment thereof and any
interest and penalties thereon constitute a lien against the lots and parcels of land on
which they were imposed until the same are paid. Such lien is subordinate to all fixed
special assessment liens previously imposed upon the same property, but has priority over
all private liens and over all fixed special assessment liens which may thereafter be
created against the property. Such lien is co-equal with and independent of the lien for
general taxes.
The Assessment Engineer and the City report that there are no outstanding fixed
special assessment liens previously levied on property located within the District.
Special Assessments - Article XIIIA and XIIIB of the California Constitution.
On July 2, 1979, the Fifth District Court of Appeal (94 Cal. App. 3d 974) rendered
a 3-0 decision in the case of County of Fresno vs Malmstrom that determined that special
assessments are not subject to the limitations of Article XIIIA (Proposition 13). The Court
held the one percent tax limitation imposed by California Constitution Article XIIIA on
ad valorem taxes does not apply to special assessments levied pursuant to Streets and
Highways Code, Sections 5000 et seq. and 10000 et seq., the Improvement Act of 1911 and
the Municipal Improvement Act of 1913. The Court further held that because special
assessments pursuant to such acts are not within the definition of "special taxes" in
Article XIIIA, the Constitution does not require the levy of assessments and the issuance
of Bonds to be approved by a two-thirds vote of the qualified electors of the District. On
September 12, 1979, the California Supreme Court refused to hear an appeal of the lower
court's decision.
On December 17, 1980, the Third District Court of Appeal (113 Cal. App. 3d 443)
rendered a 3-0 decision in the case of County of Placer v. Corin that determined that
special assessments are not subject to the limitation of Article XIIIB (Proposition 4, the
Gann appropriations limit). The Court held that the definition of "proceeds of taxes",
imposed by California Constitution Article XIIIB does not apply to special assessments
and Improvement Bonds issued pursuant to Streets and Highways Code, Sections 8500 et
seq., and 10000 et seq., the Improvement Bond Act of 1915 and the Municipal Improvement
Act of 1913. The decision of the Court was not appealed.
9
The following table sets forth the schedule of annual debt service of the Bonds:
CITY OF HUNTINGTON BEACH
ASSESSMENT DISTRICT NO. 88-1
(RESERVOIR HILL)
TABLE OF DEBT SERVICE
$1,653,904.59
Maturing
September 2 Principal Interest Debt Service
1990 $ 3,904.59 $ 210,606.17 $ 214,510.76
1991 40,000.00 129,350.00 169,350.00
1992 45,000.00 126,670.00 171,670.00
1993 50,000.00 123,565.00 173,565.00
1994 50,000.00 120,065.00 170,065.00
1995 55,000.00 116,465.00 171,465.00
1996 60,000.00 112,395.00 172,395.00
1997 65,000.00 107,895.00 172,895.00
1998 70,000.00 102,955.00 172,955.00
1999 75,000.00 97,565.00 172,565.00
2000 80,000.00 91,715.00 171,715.00
2001 85,000.00 85,395.00 170,395.00
2002 90,000.00 78,680.60 168,680.00
2003 100,000.00 71,480.00 171,480.00
2004 105,000.00 63,480.00 168,480.00
2005 115,000.00 55,080.00 170,080.00
2006 125,000.00 45,765.00 170,765.00
2007 135,000.00 35,640.00 170,640.00
2008 145,000.00 24,705.00 169,705.00
2009 160,000.00 12,960.00 172,960.00
TOTAL $1,653,904.59 $1,812,431.17 $3,466,335.76
10
BONDOWNERS' RISKS
General.
In order to pay debt service on the Bonds, it is necessary that unpaid installments
of assessments on land within the District are paid in a timely manner. Should the
installments not be paid on time, the City has established a Reserve Fund in the initial
amount of approximately six percent (6%) of the aggregate principal amount of the Bonds
to cover delinquencies. The assessments are secured by a lien on the parcels of land and
the City can institute foreclosure proceedings to sell land with delinquent installments for
the amount of such delinquent installments in order to obtain funds to pay debt service
on the Bonds.
Failure by owners of the parcels to pay installments of assessments when due,
depletion of the Reserve Fund, or the inability of the City to sell parcels which have been
subject to foreclosure proceedings for amounts sufficient to cover the delinquent
installments of assessments levied against such parcels may result in the inability of the
City to make full or punctual payments of debt service on the Bonds, and bondowners
would therefore be adversely affected.
Unpaid assessments do not constitute a personal indebtedness of the owners of the
lots and parcels within the District. There is no assurance the owners will be able to pay
the assessment installments or that they will pay such installments even though financially
able to do so.
Bankruptcy and Foreclosure.
The payment of property owners' assessment installments and the ability of the
City to foreclose the lien of a delinquent unpaid assessment may be limited by
bankruptcy, insolvency, or other laws generally affecting creditors' rights or by the laws
of the State relating to court foreclosure.
Although bankruptcy proceedings would not in themselves cause the assessment
liens to become extinguished, bankruptcy of a property owner could result in a delay by
the City in prosecuting court foreclosure proceedings. Such delay would increase the
likelihood of a delay or default in payment of the principal of and interest on the Bonds,
and the possibility of delinquent assessment installments not being paid in full.
The various legal opinions to be delivered concurrently with the delivery of the
Bonds (including Bond Counsel's approving legal opinion) will be qualified, as to the
_ enforceability of the various legal instruments, by bankruptcy, reorganization, insolvency
or other similar laws affecting the rights of creditors generally.
Payment of the assessment installments is entirely dependent upon the timely
payment by the existing landowners, or any other subsequent owners of property within
the District; therefore, there could be delays in payment of debt service on the Bonds as
bankruptcy filing may delay the City's ability to complete its Superior Court foreclosure
proceedings. Moreover, amounts received upon foreclosure sales may not be sufficient to
fully discharge delinquent installments.
` 11
Factors Which May Affect Land Development.
There is no development currently proposed, however, any subsequent development
proposed for the District may be affected by changes in general economic conditions,
fluctuations in the real estate market, changes in ownership of the land and other factors.
In addition, proposed development would be subject to existing and future federal, state
and local regulations. Approval may be required from various public agencies in
connection with the design, nature and extent of required public improvements, or such
matters as land use and zoning. Failure to meet any such future regulations or obtain any
such approvals in a timely manner could delay or adversely affect any proposed _
development of the District.
Limited City Obligation Upon Delinquency.
The City's obligation to advance moneys to pay Bond debt service in the event of
delinquent assessment installments shall not exceed the balance of the Reserve Fund.
The City has made an election in the Resolution of Intention not to be obligated to
advance funds from the general fund of the City for delinquent assessment installments
pursuant to Section 8769(b) of the Bond Law; the only obligation of the City is to transfer
amounts available in the Reserve Fund. There is no assurance that funds will be
available for this purpose and if, during the period of delinquency there are insufficient
funds in the Reserve Fund, a delay may occur in payments to the owners of the Bonds.
Direct and Overlapping Debt.
Although no specific development project is planned within the District, the future
development of the Resevoir Hills area would require the installation of a substantial
amount of public improvements in addition to the Project. The City presently anticipates
that a portion of such additional public improvements would be financed. through the
future formation of one or more assessment districts and/or community facilities districts,
some of the territory of which would include land within the District.
12
THE PROJECT
Description of Work.
The proposed works of improvement are generally described as follows:
The construction of certain water system improvements within the Assessment
District including appurtenances. Specific improvements to be constructed include
furnishing and installing approximately 12,740 lineal feet of water mains and
appurtenances to serve a new higher pressure zone in the Reservoir Hill Assessment
District within the City of Huntington Beach. Water mains will range in size from 12-
inches to 18-inches in diameter. Proposed locations of the new water mains are shown on
the Assessment District Diagram in the Appendix Section of this Official Statement.
Estimated Project Costs.
The following are Project costs for the Assessment District as estimated after
receipt of the construction bids on November 17, 1988.
CITY OF HUNTINGTON BEACH
(Orange County, California)
COST ESTIMATE FOR
ASSESSMENT DISTRICT NO. 88-1
(RESERVOIR HILL)
Estimated
Costs
1. CONSTRUCTION EXPENSE
Public Works of Construction $1,185,754.00
Construction Contingency 118,575.00
----------------
TOTAL CONSTRUCTION AND CONTINGENCY $1,304,329.00
II. INCIDENTAL EXPENSES
Incidental Costs $ 323,877.51
Underwriter's Discount 41,347.61
Reserve Fund 99,234.26
TOTAL INCIDENTALS $ 464,459.38
III. LESS CONTRIBUTIONS
Estimated Construction Earnings $ 8,152.00
Cash Collections 106,731.79
----------------
TOTAL CONTRIBUTIONS $ 114,883.79
ESTIMATED TOTAL ASSESSMENT $1,653,904.59
13
Method and Formula of Assessment.
The law requires and the statutes provide that assessments, as levied pursuant to
the provisions of the "Municipal Improvement Act of 1913", must be based on the benefit
that the properties receive from the works of improvement. The statute does not specify
the formula that should be used in any special assessment district proceedings. The -
responsibility rests with the Engineer of Work (the "Assessment Engineer") who is retained
for the purpose of making an analysis of the facts and determining the correct
apportionment of the assessment obligation, based upon the benefit received by each
parcel assessed. For these proceedings the City retained the services of Black & Veatch,
Santa Ana, California.
The Assessment Engineer makes his recommendation at the public hearing on the
District, and the final authority and action rests with the •City after hearing all testimony
and evidence presented at that public hearing. Upon the conclusion of the public hearing,
the City must take the final action in determining whether or not the assessment spread
has been made in direct proportion to the benefits received. The following information
was included in the Engineer's Report accepted and approved by the City Council:
First of all, it is necessary to identify the benefit that the public improvement will
render to the properties within the boundaries of the District. Properties located within
the District will receive the benefit of having access to a public water supply of
adequate capacity and pressure. Two distinguishable types of benefits may be realized by
properties in the District: capacity and distribution. All properties in the District will
be assured of adequate capacity furnished by the grid or network of new and existing
water mains comprising the higher pressure zone. Those properties which are adjacent to,
or which "front" new water mains, will receive a further benefit of distribution. A
distribution benefit results from being able to make a direct service connection tap to a
new water main located in the higher pressure zone. Exemptions from the District are
granted to those properties which now have adequate water service and which meet the
following development criteria:
Parcels fully developed in conformance with the City's general plan and zoning
ordinances. Such parcels are normally characterized by street improvements,
permanent structures, asphalt parking lots, and landscaping, all of which satisfy
current local code requirements.
Existing water customers located in the higher pressure zone, but who are now
located in the lower pressure zone, would receive the benefit of increased capacity and -
pressure, but not a distribution benefit. These customers are only assessed for a capacity
benefit.
In further making the analysis, it is necessary that the property owners receive a
special and direct benefit distinguished from that' of the general public. Only those
properties located in the higher pressure zone, which includes land areas generally above
an elevation of 60 feet above mean sea level, and which can be logically served from
either the new water main or from future extensions of those mains, benefit from this
project. Existing properties located in the high pressure zones which are already served
by an existing smaller booster pressure zone, such as the Seacliff Village Shopping Center
and adjacent residential developments will receive no added benefits from this project.
14
i
An in-depth analysis was made and two factors are being used in the final method
of spread and assessment. The proposed assessment formula includes two cost components:
one for capacity and one for distribution. Those properties which front new water mains
in the higher pressure zone will be assessed for capacity and distribution. Those
properties which do no front new mains will only be assessed for capacity. The capacity
` charge is based upon total acreage in the District, and each property will be assessed a
flat unit cost per acre. The distribution assessment is based upon the front footage of
each property which borders a new water main. The distribution assessment is based
upon an equivalent cost for installing a distribution main along the affected properties.
A typical distribution main size would be 6 to 8 inches in diameter. The installed cost of
3 a 6 to 8 inch diameter water main and appurtenances is approximately $30 per foot of
length. Since a water distribution main normally serves properties on both sides of the
street, the proposed distribution assessment is one-half times $30 per foot of length, which
is $15 per foot of front footage. For properties located on street corners, the distribution
assessment is based upon the average foot frontage along the two streets.
Summary of Assessment Proceedings.
The Assessment proceedings being used by the City for the District provide for all
costs to be either estimated or ascertained prior to doing the work or making the
I acquisition of the improvements, right of use or property involved. Under such
proceedings, the assessments are then levied, collections made and Bonds sold to represent
unpaid assessments. The money obtained from cash collections and Bond proceeds shall be
used by the City in payment for the work to be accomplished, for the property or right of
use to be acquired and for incidental expenses.
Assessment proceedings can be initiated by either a petition or by the City without
a petition. The District proceedings were initiated by petition of the owners of more
than 60% of the area of the property to be subject to assessment. The assessment
proceedings commenced, and Black & Veatch prepared a written report (the "Engineer's
Report") which contained, among other things, the estimate of Project costs and the
assessment for each parcel to be benefited. The total amount of the proposed assessment
was based on the engineer's estimated cost of the Project. The individual assessments
were spread among the various parcels of land within the District on the basis of the
special benefit to be derived by each parcel from the improvements and acquisitions.
The Engineer's Report was filed and preliminarily approved by the City Council
on October 24, 1988. Thereafter, notice was published in a local newspaper and also
posted along all of the open streets within the District. In addition, notice of the
proposed assessment was mailed to each of the owners whose property was proposed to be
assessed.
The notices advised the property owners of the filing of the Engineer's Report, the
date, time and place for a hearing on the Project, the proposed assessments and the right
to protest. The mailed notices also advised the property owners of the estimated amount
proposed to be assessed against their properties, as shown in the Engineer's Report.
15
Property owners had the right to protest in writing prior to or at the
commencement of the hearing and to be heard at such hearing. At the conclusion of the
hearing, held on December 5, 1988, the City adopted its resolution confirming the
assessments and ordering the work and acquisitions. Upon recordation by the County
Recorder of Orange County in the official records, the assessments became liens against
the various assessed parcels. The property owners were given published and mailed notice
of the opportunity to pay all or a portion of the assessment in cash within 30 days of the
recording of the assessment in the office of the Superintendent of Streets. The notice
further advised the property owners that to the extent cash payment was not made, Bonds
would be sold to represent unpaid assessments. The cash payment period ended on
January 6, 1989. Any property owner who paid an assessment during the cash collection
period was entitled to, and received, a reduction of the assessment representing that
portion of the assessment that would otherwise be used for a Bond discount, capitalized
interest and for funding of the Reserve Fund.
Special Assessment Investigation, Limitation, and Majority Protest Act of 1931.
The provisions of the Special Assessment Investigation, Limitation and Majority
Protest Act of 1931, Division 4 of the Streets and Highways Code of the State of
California, do not apply to these assessment proceedings inasmuch as these proceedings
have been waived by petition executed by over 60% of the owners of land proposed to be
assessed under these proceedings.
Disposition of Surplus Funds.
After completion of the Improvement Project and the payment of all claims from
the Improvement Fund, the City's governing body shall determine if a surplus remains in
the Improvement Fund by reason of the assessment and any supplemental assessment
levied for said improvement. Any such surplus shall be used as follows:
a) For transfer to the General Fund of the City of an amount not to exceed the
lesser of One Thousand Dollars ($1,000.00) or five percent (5%) of the total
amount expended from the Improvement Fund; and
b) For the maintenance of the improvement; and
c) As a credit upon the assessment and any supplemental assessment, as provided
in Section 10427.1 of the Streets and Highways Code of the State of California.
16
THE ASSESSMENT DISTRICT
The property within the boundaries of the District lies entirely within the City of
Huntington Beach. The District is located in the Reservoir Hill portion of the City.
The District is generally bounded on the north by Ellis Avenue, on the east by
Huntington Street, on the south by Yorktown, and on the west by a line parallel to and
approximately 1,000 feet west of Edwards.Street.
Existing Zoning and Land Use.
r The land within the Assessment District is zoned as residential and commercial; the
majority of which is undeveloped. A majority of the underdeveloped land is owned by
Huntington Beach Company, whose operations are concentrated in real estate investments
and petroleum interests. Land use within the District is detailed below:
LAND USES
C-1 12 acres Neighborhood Commercial
C-2 25 acres Community Business District
M-1 163 acres Light Industrial
M-2 40 acres Industrial
R 360 acres Residential
The neighborhood commercial (C-1) district is intended to provide for limited
commercial development of under one and one-half acres on one corner of the intersection
of secondary arterial highways which is compatible with surrounding residential uses. No
automotive uses or outside storage is permitted.
The community business (C-2) district, a more intensive zone, permits all uses
within the CA District and, in addition, permits general retail uses including minor
automobile repair and outside storage, subject to specific standards.
Agencies Which Provide Public Utilities Within the Assessment District.
The public agencies and utility companies listed below provide public utilities and
municipal services to the property within the Assessment District.
Electrical: Southern California Edison
Gas: Southern California Gas
Telephone: General Telephone
Water: City of Huntington Beach
Sewerage: City of Huntington Beach
Education: Huntington Beach High School
District
Huntington Beach Elementary School
District
Fire: City of Huntington Beach
Law Enforcement: City of Huntington Beach
17
Access to Parcels to be Assessed.
According to City staff, all parcels within the District have legal access.
Assessment Roll. -
Beginning with the 1981-82 fiscal year, property in California is assessed at 100
percent of full cash value. Article X111A of the California Construction defines such
"full cash value" as the appraised value as of March 1, 1975, plus adjustments not-to- -
exceed two percent (2%) per year to reflect inflation and requires reassessment of "full
cash value" upon change of ownership or new construction. Accordingly, the assessed
values in the Table reflect only 1975 values as increased by two percent (2%) per year
unless the parcel has changed ownership or has had new construction thereon, in which
case the assessed valuation will more closely approximate current market value.
The following information was prepared by the Assessment Engineer as part of the
Engineer's Report, dated October 17, 1988, which presents the assessment roll, the Orange
County Assessor's 1988-89 Full Cash Value (Land and Improvements), ownership of
parcels and estimated assessment under these proceedings.
18
CITY OF HUNTINGTON BEACH
ASSESSMENT DISTRICT NO. 88-1
ASSESSMENT ROLL
-------------------------------------------------------------------------------------------
APN PROPERTY BASE ASSESSED ASSESSED TOTAL VALUE
NO. OWNER YEAR LAND VALUE IMPROVEMENTS VALUES ASSESSMENT TO LIEN
-------------------------------------------------------------------------------------------
023 010 12 HUNT BCH CO 75 $46,856 $0 546,856 $14,148.11 3.31
023 010 13 HUNT BCH CO 75 700,126 0 700,126 51,485.13 13.60
023 181 29 HUNT BCH CO 85 2,500,800 5,087,318 7,588,118 158,821.60 47.78
023 251 41 HUNT BCH CO 75 36,111 0 36,111 6,408.15 5.64
110 015 56 HUNT BCH CO 75 186,733 0 186,733 91,899.92 2.03
110 015 57 HUNT BCH CO 75 70,664 0 70,664 39,241.36 1.80
110 190 01 HATHAWAY 47,421 0 47,421 11,459.28 4.14
110 190 02 JOHNSON 88 97,314 0 97,314 6,106.59 15.94
110 190 03 JOHNSON 88 67,638 0 67,638 2,965.34 22.81
110 190 04 JOHNSON 88 68,254 0 68,254 3,141.25 21.73
110 190 05 HENDRICKS 99,397 0 99,397 12,213.18 8.14
110 190 06 PAC AMER OIL 13,282 0 13,282 2,487.87 5.34
110 191 03 LINDSEY 6,131 0 6,131 326.69 18.77
110 191 04 McKINNON 860 0 860 533.32 1.61
110 191 05 OLIVER 860 0 860 158.32 5.43
110 191 08 KOVNER 12,570 0 12,570 158.32 79.40
110 191 12 MCKENZIE 80 877 0 877 158.32 5.54
110 191 17 FJAERAN 87 8,160 0 8,160 158.32 51.54
110 191 18 LINDESY 81 6,253 0 6,253 326.69 19.14
110 192 01 MARTINSON 80 1,759 0 1,759 326.69 5.38
110 192 03 OLIVER 80 877 0 877 158.32 5.54
110 192 06 QUINE 83 13,246 0 13,246 158.32 83.67
110 192 07 ENENBACH 80 877 0 877 158.32 5.54
110 192 09 TAYLOR 80 2,177 0 2,177 158.32 13.75
110 192 12 SWARTZ 80 877 0 877 158.32 5.54
110 192 14 MAROW 80 2,734 0 2,734 477.47 5.73
110 192 16 FJAERAN 84 1,524 0 1,524 158.32 9.63
_ 110 192 18 ADLER 86 24,969 0 24,969 158.32 157.71
19
I
------------------------------------------------------------------------------------------- -
APN PROPERTY BASE ASSESSED ASSESSED TOTAL VALUE
NO. OWNER YEAR LAND VALUE IMPROVEMENTS VALUES ASSESSMENT TO LIEN
------------------------------------------------------------------------------------------- -
110 192 19 MEYER 80 2,504 0 2,504 158.32 15.82
110 193 01 MAROW 80 832 0 832 158.32 5.26
110 193 02 FJAERAN 84 1,584 0 1,584 158.32 10.01
110 193 04 BOUSKA 80 877 0 877 158.32 5.54
110 200 01 ALBRECHT 88 480,500 0 480,500 5,352.69 89.77
110 200 02 ALBRECHT 88 729,000 0 729,000 6,282.50 116.04
110 200 03 COLBERT 88 493,563 0 493,563 12,012.14 41.09
110 200 04 HATHAWAY 86 262,168 0 262,168 6,282.50 41.73
110 200 05 HATHAWAY 86 346,632 3,685 350,317 12,565.00 27.88
110 200 10 HUNT BCH CO 79 18,879 0 18,879 6,106.59 3.09
110 200 11 HUNT BCH CO 75 40,325 0 40,325 6,106.59 6.60
110 200 13 HUNT PAC CO 86 478,479 0 478,479 17,163.18 27.88
110 200 14 SUNDERLAND 75 23,046 0 23,046 17,163.18 1.34
110 200 15 1SHIBASHi 75 76,865 0 76,865 12,565.00 6.12
110 200 16 ISHIBASHI 75 49,600 0 49,600 12,565.00 3.95
110 200 17 HUNT BCH CO 75 239,748 0 239,748 60,490.37 3.96
110 200 18 HUNT BCH CO 75 23,046 0 23,046 17,012.40 1.35
110 200 19 CITY OF HB 80 233,097 0 233,097 8,506.20 27.40
110 200 20 HUNT BCH CO 79 181,947 0 181,947 8,506.20 21.39
110 200 21 BLASGEN 79 26,596 0 26,596 17,012.40 1.56
110 200 22 HUNT BCH CO 82 602,164 0 602,164 18,486.83 32.57
110 200 29 HUNT BCH CO 88 378,245 0 378,245 214,383.30 1.76
110 210 01 LANDIS 77 82,734 7,944 90,678 14,175.83 6.40
110 210 02 ROSS 75 27,543 0 27,543 4,583.59 6.01
110 210 03 NICCOLE 79 6,623 0 6,623 1,374.55 4.82
110 210 04 SHERRILL 88 27,000 0 27,000 326.69 82.65
110 210 06 SCHUESLER 75 2,310 0 2,310 1,701.24 1.36
110 210 07 SPELTS 75 12,397 0- 12,397 2,268.32 5.47
110 210 08 HUNT BCH CO 79 88,749 0 88,749 3,402.48 26.08
110 210 09 HUNT BCH CO 75 67,257 0 67,257 16,962.14 3.97 -
110 210 10 NICCOLE 82 104,818 0 104,818 2,797.70 37.47
110 210 11 GOLDON 79 470 0 470 857.67 0.55
110 211 01 SMITH 80 970 0 970 535.83 1.81 y
110 211 03 MAROW 80 2,084 0 2,084 1,071.66 1.94
110 211 04 TUNSTALL 80 1,016 0 1,016 535.83 1.90
20
r �
i
--.-----------------------------------------------------"----------------------------------
APN PROPERTY BASE ASSESSED ASSESSED TOTAL VALUE
NO. OWNER YEAR LAND VALUE IMPROVEMENTS VALUES ASSESSMENT TO LIEN
-------------------------------------------------------------------------------------------
110 211 05 TUNSTALL 80 7,421 0 7,421 3,755.85 1.98
110 211 06 WEIR OIL CO 83 60,336 0 60,336 653.38 92.34
110 211 07 WEIR OIL CO 83 15,069 0 15,069 653.38 23.06
110 211 08 WEIR OIL CO 83 15,069 0 15,069 160.83 93.70
110 211 09 HOWELL 85 13,246 0 13,246 160.83 82.36
110 211 10 ESTRADA 80 1,063 0 1,063 160.83 6.61
110 211 11 VARGAS 80 970 0 970 160.83 6.03
110 211 12 VARGAS 80 970 0 970 160.83 6.03
110 211 13 WOOD 82 12,542 0 12,542 160.83 77.98
110 211 14 VARGAS 80 970 0 970 160.83 6.03
110 212 06 THOMPSON 82 4,458 0 4,458 160.83 27.72
110 212 07 WEIR OIL CO 83 16,560 0 16,560 160.83 102.97
110 212 08 WEIR OIL CO 83 16,560 0 16,560 160.83 102.97
110 212 09 WEIR OIL CO 83 16,560 0 16,560 160.83 102.97
110 212 10 BROWN 80 1,063 0 1,063 160.83 6.61
110 212 11 BROWN 80 1,063 0 1,063 160.83 6.61
110 212 12 MAROW 80 1,016 0 1,016 160.83 6.32
110 212 16 THOMPSON 82 12,542 0 12,542 160.83 77.98
110 212 17 MAROW 80 1,016 0 1,016 160.83 6.32
110 212 18 AMARK 80 3,189 0 3,189 160.83 19.83
110 212 22 AMARK 80 2,504 0 2,504 160.83 15.57
110 213 01 MAROW 80 1,016 0 1,016 160.83 6.32
110 213 02 BATES 84 12,987 0 12,987 160.83 80.75
110 213 04 CATRON 87 7,650 0 7,650 160.83 47.57
110.213 05 PARKS 80 1,063 0 1,063 160.83 6.61
110 213 06 PARKS 80 1,063 0 1,063 160.83 6.61
110 213 07 WALLBANK 80 1,063 0 1,063 160.83 6.61
110 213 08 WALLBANK 80 1,063 0 1,063 160.83 6.61
110 213 09 WALLBANK 80 1,063 0 1,063 160.83 6.61
110 213 10 WALLBANK 80 1,063 0 1,063 160.83 6.61
110 213 11 MAROW 80 1,016 0 1,016 160.83 6.32
110 221 01 PETTITT 86 3,499 0 3,499 577.99 6.05
110 221 02 WELLER 80 2,269 0 2,269 376.95 6.02
110 221 03 MAIN 80 1,109 0 1,109 183.45 6.05
110 221 04 WALLBANK 87 5,100 0 5,100 183.45 27.80
21
-------------------------------------------------------------------------------------------
APN PROPERTY BASE ASSESSED ASSESSED TOTAL VALUE
NO. OWNER YEAR LAND VALUE IMPROVEMENTS VALUES ASSESSMENT TO LIEN
-------------------------------------------------------------------------------------------
110 221 05 ALLEN 80 1,109 0 1,109 183.45 6.05 -
110 221 06 TITLE INSUR 80 1,109 0 1,109 183.45 6.05
110 221 08 WALKER 84. 2,927 0 2,927 183.45 15.96
110 221 09 HARGROVE 80 2,177 0 2,177 183.45 11.87
110 221 11 KAHLE 80 1,202 0 1,202 183.45 6.55
110 221 12 HOFFMAN 80 1,109 0 1,109 183.45 6.05
110 221 13 WALKER 84 2,927 0 2,927 183.45 15.96
110 221 14 KELLER 80 1,109 0 1,109 183.45 6.05
110 221 15 DEUTSCH 83 13,246 0 13,246 183.45 72.20
110 221 17 BANK UNION 80 1,109 0 1,109 183.45 6.05
110 221 19 PETTITT 80 1,109 0 1,109 183.45 6.05
110 221 21 FORD 86 9,883 0 9,883 183.45 53.87
110 221 22 SCOULLER 80 1,109 0 1,109 183.45 6.05
110 221 23 SHERRILL 83 5,520 0 5,520 183.45 30.09
110 221 24 WALKER 84 2,927 0 2,927 183.45 15.96
110 221 25 HARGROVE 80 2,177 0 2,177 183.45 11.87
110 222 02 WOODSON• 82 1,113 0 1,113 183.45 6.07
110 222 04 LAN 80 2,269 0 2,269 376.95 6.02
110 222 05 HUBBS 80 1,109 0 1,109 183.45 6.05
110 222 06 FULLER 80 2,269 0 2,269 376.95 6.02
110 222 07 BUTTERS 80 1,202 0 1,202 183.45 6.55
110 222 08 JACOBSON 80 1,,389 0 1,389 183.45 7.57
110 222 09 JACOBSON 80 2,781 0 2,781 376.95 7.38
110 222 14 SPELTS 80 1,389 0 1,389 183.45 7.57
110 222 16 ADDLER 85 8,489 0 8,489 183.45 46.27
110 222 18 TOWNLEY 80 1,109 0 1,109 183.45 6.05
110 222 19 SMITH 85 9,019 0 9,019 183.45 49.16
110 222 22 STERMAN 87 3,080 0 3,080 183.45 16.79
110 222 23 GUSTAFSON 88 6,054 0 6,054 183.45 33.00
110 222 24 STERMAN 87 3,080 0 3,080 183.45 16.79
110 222 29 SAILER 80 2,154 0 2,154 183.45 11.74
110 222 30 SAILER 80 2,154 0 2,154 183.45 11.74
110 230 08 HUNT BCH CO 83 359,139 0 359,139 73,128.30 4.91
110 072 02 HUNT BCH CO 75 11,832 0 11,832 2,161.18 5.47
111 072 03 HUNT BCH CO 75 2,601 .0 2,601 326.69 7.96
22
-------------------------------------------------------------------------------------------
APN PROPERTY BASE ASSESSED ASSESSED TOTAL VALUE
NO. OWNER YEAR LAND VALUE IMPROVEMENTS VALUES ASSESSMENT TO LIEN
-------------------------------------------------------------------------------------------
111 072 04 HUNT BCH CO 75 1,156,673 0 1,156,673 155,810.58 7.42
111 072 05 HUNT BCH CO 75 193,451 0 193,451 23,672.44 8.17
111 072 07 HUNT BCH CO 75 35,024 0 35,024 9,649.92 3.63
111 072 08 HUNT BCH CO 75 16,137 0 16,137 4,071.06 3.96
111 072 09 HUNT BCH CO 75 19,258 0 19,258 2,940.21 6.55
111 072 10 HUNT BCH CO 75 76,679 0 76,679 11,760.84 6.52
111 072 11 HUNT BCH CO 83 663,550 0 663,550 12,213.18 54.33
111 072 12 HUNT BCH CO 83 663,550 0 663,550 12,213.18 54.33
111 072 14 HUNT BCH CO 87 660,302 0 660,302 16,962.14 38.93
111 072 15 HUNT BCH CO 77 94,523 0 94,523 16,962.14 5.57
111 072 17 HUNT BCH CO 78 31,756 25,268 57,024 7,088.39 8.04
111 072 18 HUNT BCH CO 75 45,767 0 45,767 15,431.55 2.97
111 072 20 HUNT BCH CO 75 85,811 0 85,811 9,825.83 8.73
111 072 21 HUNT BCH CO 77 130,496 14,099 144,595 13,618.12 10.62
111 672 22 'HUNT BCH CO 77 25,933 0 25,933 5,026.00 5.16
111 072 23 HUNT BCH CO 75 53,012 0 53,012 8,141,64 6.43
111 110 01 GREER 75 25,695 5,768 31,463 2,513.00 12.52
111 110 02 GREER 75 25,695 0 25,695 2,513.00 10.22
111 110 03 GEOTSCH 75 25,695 0 25,695 2,513.00 10.22
111 110 04 COHN 76 99,822 0 99,822 4,598.79 21.71
111 110 05 COHN 88 63,985 0 63,985 2,462.74 25.98
111 110 07 WEAVER 85 57,631 0 57,631 3,506.50 16.44
111 110 09 BOLLMAN 88 41,271 70,795 112,066 2,329.29 48.11
111 110 10 GABE 85 27,405 0 27,405 1,177.21 23.28
111 110 11 DUNN 80 7,654 0 7,654 1,177.21 6.50
111 110 12 DUNN 80 7,654 0 7,654 1,177.21 6.50
111 110 13 DUNN 80 7,654 0 7,654 1,177.21 6.50
111 110 14 LANDIS 80 7,654 0 7,654 1,177.21 6.50
111 110 16 CUSTER 85 232,722 24,407 257,129 2,025.48 126.95
111 110 18 MANDIC 84 612,114 1,622 613,736 5,026.00 122.11
111 110 19 GREER 75 25,697 24,467 50,164 2,513.00 19.96
111 110 20 GREER 75 25,697 0 25,697 2,513.00 20.45
111 110 21 PEDERSON 86 106,363 0 106;363 1,256.50 84.65
111 110 22 PEDERSON 86 106,390 0 106,390 1,256.50 604.80
111 110 23 CUSTER 85 19,844 0 19,844 175.91 4.74
23
i
-------------------------------------------------------------------------------------------
APN PROPERTY BASE ASSESSED ASSESSED TOTAL VALUE
NO. OWNER YEAR LAND VALUE IMPROVEMENTS VALUES ASSESSMENT TO LIEN
-------------------------------------------------------------------------------------------
111 120 01 S & C OIL 75 26,503 0 26,503 4,183.94 5.87
111 120 06 THOMAS 75 25,695 4,869 30,564 4,512.09 6.77
111 120 07 THOMAS 75 25,695 2,643 28,338 4,512.09 6.04
111 120 08 THOMAS 76 64,082 3,782 67,864 4,688.00 17.90
111 120 09 THOMAS 85 320,484 0 320,484 3,790.53 169.59
111 120 11 LINGLE 88 38,057 0 38,057 1,889.71 31.92
111 120 12 LINGLE 88 37,418 0 37,418 1,192.29 31.38
111 120 13 THOMAS 77 11,119 0 11,119 1,177.21 9.45
111 120 14 THOMAS 77 12,068 0 12,068 1,177.21 10.25
111 120 15 THOMAS 77 12,068 0 12,068 1,177.21 10.25
111 120 16 ARMSTRONG 77 24,138 0 24,138 2,329.29 10.36
111 120 17 THOMAS 77 12,068 0 12,068 1,177.21 10.25
111 120 18 THOMAS 84 70,357 0 70,357 1,177.21 59.77
111 120 19 THOMAS 82 67,908 0 67,908 1,177.21 57.69
111 120 20 THOMAS 82 135,819 2,395 138,214% 2,336.83 59.15
111 120 22 THOMAS 75 25,695 7,990 33,685 2,513.00 13.40
111 120 23 THOMAS 75 25,695 2,930 28,625 2,513.00 11.39
111 120 24 THOMAS 75 25,695 41,081 66,776 2,515.51 26.55
111 120 25 THOMAS 76 54,668 13,107 67,775 2,513.00 26.97
111 120 28 WEIR OIL CO 77 27,070 0 27,070 4,183.94 6.47
111 120 29 MUNIZ 78 46,005 7,379 53,384 2,035.53 26.23
111 120 30 THOMAS 81 970 0 970 501.82 1.93
111 130 01 GEOTSCH 87 51,000 0 51,000 792.72 64.34
111 130 02 WEIR OIL CO 84 119,066 0 119,066 1,753.25 67.91
111 130 05 ASHBY 83 56,307 76,179 132,486 1,169.67 113.27
111 130 07 LINGLE 88 37,922 0 37,922 1,177.21 32.21
111 130 08 .LINGLE 88 37,922 0 37,922 1,177.21. 32.21
111 130 10 HUNT BCH CO 80 7,654 0 7,654 1,177.21 6.50
111 .130 11 MILLS 80 6,378 0 6,378 1,133.59 5.63
111 130 12 MILLS 80 6,378 0 6,378 1,288.58 4.95
111 130 15 RENNER 80 24,686 0 24,686 4;688.00 5.27
111 130 16 HUNT BCH CO 80 58,006 0 58,006 9,376.00 6.19
111 130 17 HUNT BCH CO 80 29,001 0 29,001 4,688.00 6.19
111 130 18 HUNT BCH CO 80 26,541 0 26,541 7,866.97 3.37
111 130 19 HUNT BCH CO 80 12,201 0 12,201 6,529.86 1.87
24
---------------•--------------••--------------•--------------------------------------------
APN PROPERTY BASE ASSESSED ASSESSED TOTAL VALUE
NO. OWNER YEAR LAND VALUE IMPROVEMENTS VALUES ASSESSMENT TO LIEN
----------------------------------------------------------------------------------------
111 130 20 HUNT BCH CO 80 58,006 0 58,006 5,026.00 11.54
111 130 21 HUNT BCH CO 80 14,522 0 14,522 1,206.24 12.04
111 130 22 HUNT BCH CO 80 17,400 0 17,400 1,256.50 13.85
111 130 23 HUNT BCH CO 80 58,006 0 58,006 5,026.00 11.54
111 130 24 WEIR OIL CO 80 29,604 0 29,604 2,513.00 11.78
111 130 25 WEIR 78 24,609 26,388 50,997 1,532.93 33.27
111 130 26 WEIR OIL CO 83 76,112 0 76,112 1,753.25 43.41
111 140 01 TELFORD 80 14,150 0 14,150 2,329.29 6.07
111 140 02 WEIR 81 3,975 0 3,975 583.58 6.81
111 140 04 WEAVER 85 26,530 0 26,530 1,177.21 22.54
111 140 05 WEAVER 85 26,530 0 26,530 1,177.21 22.54
111 140 06 WEAVER 85 43,380 4,371 47,751 2,329.29 20.50
111 140 07 LINGLE 85 46,079 0 46,079 2,329.29 19.78
111 140 08 WEAVER 85 46,162 10,612 56,774 1,177.21 48.23
111 140 09 LOMA LINDA 80 6,214 0 6,214 1,177.21 5.28
111 140 14 WEAVER 75 52,961 2,362 55,323 2,513.00 22.01
111 140 15 ALBERT 75 25,695 1,317 27,012 2,513.00 10.75
111 140 20 TEM PROP 80 9,000 0 9,000 502.60 17.91
111 140 21 TEM PROP 80 24,730 0 24,730 1,231.37 20.08
111 140 22 TEM PROP 80 13,500 0 13,500 753.90 17.91
111 140 23 MILLER 88 89,828 0 89,828 2,513.00 35.75
111 140 24 PEDERSON 86 215,947 0 215,947 2,513.00 85.93
111 140 25 MILLER 88 240,347 38,386 278,733 2,513.00 110.92
111 140 26 LEVOY 80 8,814 0 8,814 628.25 14.03
111 140 27 LEVOY 80 6,354 0 6,354 628.25 10.11
111 140 28 HUNT BCH CO 80 12,386 0 12,386 628.25 19.72
111 140 29 HUNT BCH CO 80 12,386 0 12,386 628.25 19.72
111 140 30 HUNT BCH CO 80 11,226 0 11,226 628.25 17.87
111 140 31 HUNT BCH CO 80 12,386 0 12,386 628.25 19.72
- 111 140 32 HUNT BCH.CO 80 55,126 0 55,126 4,523.40 12.19
111 140 33 HUNT BCH CO 82 52,204 3,074 55,278 4,523.40 12.22
111 140 34 HUNT BCH CO 81 55,663 17,059 72,722 628.25 115.75
111 140 35 HUNT BCH CO 81 165,867 0 165,867 1,884.75 88.00
111 140 36 WEIR 80 6,075 0 6,075 583.58 10.41
111 140 37 WEIR 80 12,201 0 12,201 1,177.21 10.36
25
-------------------------------------------------------------------------------------------
APN PROPERTY BASE ASSESSED ASSESSED TOTAL VALUE
NO. OWNER YEAR LAND VALUE IMPROVEMENTS VALUES ASSESSMENT TO LIEN
-------------------------------------------------------------------------------------------
111 150 13 WEIR 80 12,433 0 12,433 1,177.21 10.56
111 150 15 ANDERSON 77 36,917 2,930 39,847 1,733.97- 22.98
111 150 17 SCOTT 76 66,596 6,952 73,548 1,733.97 42.42
111 150 18 HUNT BCH CO 81 170,599 0 170,599 1,935.01 88.16
111 150 21 BURLINGHAM 80 63,806 0 63,806 904.68 70.53
111 150 22 HUNT BCH CO 82 57,147 0 57,147 376.95 151.60
111 150 23 HUNT BCH CO 82 57,147 0 57,147 351.82 162.43
111 150 25 LINDLEY 87 24,322 0 24,322 2,436.30 9.98
111 150 26 HUNT BCH CO 75 12,725 0 12,725 2,354.42 5.40
111 150 27 HUNT BCH CO 77 29,955 0 29,955 2,354.42 12.72
111 150 28 HUNT BCH CO 75 26,266 0 26,266 4,791.73 5.48
111 150 29 HUNT BCH CO 77 32,798 0 32,798 2,472.79 13.26
111 150 31 HUNT BCH CO 81 85,304 0 85,304 2,521.66 33.83
111 150 32 HUNT BCH CO 82 34,918 0 34,918 854.42 40.87
111 150 33 HUNT BCH CO 82 33,721 0 33,721 1,777.60 18.97
111 150 34 KELLER 82 6,288 4,012 10,300 226.17 45.54
111 150 36 BROWN 77 11,543 2,074 13,617 3,670.99 3.71
111 150 37 KELLER 75 15,801 943 16,744 2,435.33 6.88
111 150 38 WORTHY 77 20,773 1,652 22,425 2,619.58 8.56
111 150 39 WEIR OIL CO 77 38,477 34,031 72,508 2,817.77 25.73
111 150 40 HUNT BCH CO 75 21,008 0 21,008 3,018.81 6.96
111 150 44 HUNT BCH CO 80 289,751 0 289,751 1,733.97 167.10
111 150 47 HUNT BCH CO 75 28,396 0 28,396 3,881.50 7.32
159 191 01 HUNT BCH CO 77 126,519 0 126,519 2,563.26 49.36
159 191 02 HUNT BCH CO 75 27,826 0 27,826 2,035.53 13.67
159 191 03 HUNT BCH CO 79 5,748 5,748 11,496 2,638.65 4.36
159 281 01 HUNT BCH CO 75 29,483 0 29,483 2,930.46 10.06
159 281 02 HUNT BCH CO 75 29,054 0 29,054 4,432.41 6.55
159 281 03 HASSETT 75 7,662 16,894 24,556 1,101.82 22.29
159 281 05 HUNT BCH CO 75 33,552 0 33,552 2,186.31 15.35
159 282 10 GODDARD 77 56,938 0 56,938 1,608.32 35.40
159 282 11 SCOTT 75 50,829 0 50,829 4,950.61 10.27
159 282 12 HUNT BCH CO 80 7,282 0 7,282 779.03 9.35
159 311 02 HUNT BCH CO 75 421,418 0 421,418 20,078.87 20.99
159 311 03 HUNT BCH CO 75 53,768 0 53,768 5,277.30 10.19
26
-------------------------------------------------------------------------------------------
APN PROPERTY BASE ASSESSED ASSESSED TOTAL VALUE
NO. OWNER YEAR LAND VALUE IMPROVEMENTS VALUES ASSESSMENT TO LIEN
-------------------------------------------------------------------------------------------
159 311 04 HUNT BCH CO 81 41,515 0 41,515 376.95 110.13
159 311 05 HUNT BCH CO 81 41,515 0 41,515 376.95 110.13
159 311 06 HUNT BCH CO 81 54,592 0 54,592 603.12 90.52
159 311 07 HUNT BCH CO 75 14,053 135 14,188 502.60 28.23
159 311 11 BRUNO 76 23,613 0 23,613 653.38 36.14
159 311 12 SO PAC RR * 0 0 0 1,155.98 0.00
159 351 01 WSTRN HOMEX ** 0 0 0 12.56 0.00
159 351 02 WSTRN HOMEX ** 0 0 0 163.34 0.00
159 351 05 WSTRN HOMEX 88 111,650 193,350 305,000 628.25 485.48
159 351 10 THOMAS 87 136,170 261,528 397,698 914.73 434.77
159 351 11 STEDD 87 127,500 225,454 352,954 706.15 499.83
159 351 12 WSTRN HOMEX 88 94,630 245,370 340,000 706.15 481.48
159 351 13 ENGLE 87 127,500 196,195 323,695 706.15 458.39
159 351 15 WSTRN HOMEX 88 101,850 238,150 340,000 841.86 403.87
159 351 16 WSTRN HOMEX 88 123,080 161,920 285,000 758.93 375.53
159 351 18 WSTRN HOMEX ** 0 0 0 188.47 0.00
159 352 01 GALE 87 106,375 198,204 304,579 809.19 376.40
159 352 07 WATSON 88 119,646 153,088 272,734 731.28 372.95
159 352 09 EDWARDS 87 132,436 182,743 315,179 784.06 401.98
159 352 10 ALDOROTY 87 123,134 185,745 308,879 809.19 381.71
159 352 11 WALTERS 87 136,812 178,367 315,179 861.96 365.65
159 352 12 DUNCAN 88 136,170 201,302 337,472 992.63 339.98
159 352 13 RABOY 87 113,107 166,372 279,479 731.28 382.18
159 352 14 WSTRN HOMEX 88 130,716 223,784 354,500 653.38 542.56
159 352 15 MCDEVITT 88 145,080 257,920 403,000 522.70 771.00
159 352 16 MCDEVITT 88 155,230 233,770 389,000 575.48 675.96
159 352 17 MANDIC 86 166,464 0 166,464 2,691.42 61.85
159 352 18 HILL 87 158,100 0 158,100 2,299.39 68.76
159 352 20 PLUNKETT 87 121,380 78,206 199,586 967.50 206.29
159 352 21 WSTRN HOMER ** 0 0 0 155.81 0.00
------------ ------------ ------------ -------------- -------
TOTAL $23,235,173 $9,188,136 $32,423,309 $1,653,904.59 19.60
------------ ------------ ------------ -------------- -------
*PRIOR TO 1977
**COMMON AREA EASEMENTS
27
Environmental Review.
The Project is subject to the provisions of the California Environmental Quality
Act (CEQA), Public Resources Code, Section 21000 et sea.
On November 23, 1988, the City Council of the City of Huntington Beach adopted -
a Negative Declaration under the Act to the effect that "the Project will not have a
significant effect on the environment". A Notice of Determination was filed in the
Offices of the County Clerk on November 28, 1988, and the statute of limitations for -
persons seeking to challenge the City's approval of the Negative Declaration will have
expired on December 28, 1988.
Property Tax Delinquencies.
The following tax delinquency information was compiled during the week ending
October 26, 1988 from Orange County public records. While all efforts have been made to
be as thorough as possible no warranties are given concerning the accuracy or
completeness of this information.
SUMMARY OF TAX DELINQUENCIES
(Week Ending October 26, 1988)
Number
Parcels to be Assessed 303
Parcels delinquent for
1987-88, Only 4
Parcels Delinquent Prior Years 7
Total Parcels Delinquent 11
Total Assessment of Delinquent
Parcels $11,077.10
Percentage of Total Assessment
Represented by Delinquent Parcels 0.67%
* Information concerning the first installment of 1988-89 taxes are unavailable.
28
CITY OF HUNTINGTON BEACH
ASSESSMENT DISTRICT NO. 88-1
(RESERVOIR HILL)
Tax Delinquencies
(Week Ending October 26, 1988)
Assessor's Assessment Fiscal Prior Years'
Parcel No. Amount Year Delinauent Tax
110-192-16 $ 158.32 85/86 $ 80.26
110-193-02 158.32 95/86 80.26
110-212-06 160.83 85/86/87 233.68
110-212-16 160.83 85/86/87 576.48
110-222-29 183.45 86/87 92.29
110-222-30 183.45 86/87 92.29
111-110-21 1,256.50 87/88 1,357.20
111-110-22 1,256.50 87/88 1,357.55
111-120-01 4,183.94 86/87 742.02
111-140-24 2,513.00 87/88 2,719.17
159-352-11 861.96 87/88 200.56
----------- ----------
TOTAL $11,077.10 $7,531.76
Source: Orange County Public Records.
The Property Owners.
The following specific information regarding ownership of assessed parcels in the
District has been provided by the City. This information is included because it may be
relevant to an informed evaluation of the Project and the security for the Bonds.
However, no assurance can be given that ownership of one or more of such parcels will
not be changed. Additionally, certain parcels within the District and which are subject to
assessment are subject to leases which permit the lessee to utilize the leasehold property
_ for oil and gas extraction. The leases have indefinite terms and terminate only when
abandoned by the lessee or when the extration of oil and gas is no longer profitable for
the lessee in the determination of the lessee. Under the terms of these leases, the property
owner/lessor is responsible for the payment of all assessments on the leasehold properties.
The Huntington Beach Company (See THE ASSESSMENT DISTRICT - The Huntington
Beach Company (HBCO)) is the property owner/lessor of all properties subject to these
leases.
As a result of the existing oil leases, much of the property within the District has
been used for oil production. As a result of this use, there exists the possibility that such
property may contain residue from the oil operations. Prior to approval of development
plans, the City requires certification from the property owner that no such residue is
present.
29
r
Currently there are no plans by any of the owners for development and it is
unknown what may occur in the future. This information should not be construed to
suggest that the Bonds or the assessments securing the Bonds are personal obligations of
the property owners or the developers.
Property Owner Percent of Assessment
The Huntington Beach Co. 70%
All Others 30%
The Huntington Beach Company (HBCO).
The following information about the Huntington Beach Company was provided by
HBCO.
The Huntington Beach Company commenced operations in 1903 as a real estate and
agricultural concern with holdings and operations centered_in what became the City of
Huntington Beach in Orange County. In 1919, HBCO entered into an oil and gas drilling
lease with Chevron, which soon discovered oil on its leasehold interest and subsequently
acquired more than 60% of HBCO's Common Stock. For the next four decades, HBCO
profited primarily from oil and gas operations. With the maturing of its oil fields, HBCO
again concentrated on real estate development, its present primary focus. Development by
HBCO is concentrated mainly in Southern California. HBCO is a wholly-owned
subsidiary of Chevron Corporation.
Encyclopedia Lots.
In 1914 and 1915, the Encyclopedia Americana gave away a "coastal lot" in
Huntington Beach with every set of encyclopedias it sold. These lots, known as
"Encyclopedia Lots", are usually distinguished by their odd size, approximately 25' x 100'.
Several of these lots are within the District (about 77 lots with aggregate assessments of
approximately $12,893.71), but because of their size, residential development of such lots
is prohibited by City ordinance unless consolidated with other similar lots to form estate-
size lots (approximately 6 encyclopedia lots or a total of 15,000 square feet).
30
THE CITY
Organization.
The City of Huntington Beach, located in the County of Orange, was incorporated
in 1909, and operates under a Charter adopted in 1937 as amended and restated in 1982
and in 1984. The Charter provides for a Council-Administrator form of government.
Seven council members, including a mayor, are elected at large. Currently, the City is
comprised of the following members who serve four-year terms:
Term
Agency Member Expires Occupation
Wes Bannister, Mayor 1990 Insurance Broker
Tom Mays, Mayor Pro Tem 1990 System Analyst
John Erskine 1990 Building Industry Director
Peter Green 1992 Professor
Don MacAllister 1992 Computer Consultant
Jim Silva 1992 High School Teacher
Grace Winchell 1990 College Counselor
The professional staff of the City presently includes the following members:
Paul E. Cook is the City Administrator. Immediately prior to his appointment to
this position, Mr. Cook served as Director of Public Works for the City for eight years.
Mr. Cook graduated from the University of Maine with a Bachelor of Science degree in
Civil Engineering, and from the University of Southern California with a Masters Degree
in Public Administration.
Robert Franz is Deputy City Administrator of the City. Prior to his appointment,
Mr. Franz served as the Assistant City Administrator of the City of Montebello for 11
years. Mr. Franz graduated from Occidental College with a Bachelor of Arts degree in
Mathematics. He also received a Masters Degree in Business Administration from the
University of Southern California.
Louis F. Sandoval is the Public Works Director of the City. Prior to his
appointment to this position, Mr. Sandoval served as Public Services Director for the cities
of Whittier and Beverly Hills. Mr. Sandoval graduated from the University of Southern
California with a Bachelor of Science degree in Public Administration.
Lester G. Evans is the City Engineer. Prior to his appointment he served as the
City Engineer for the City of Carlsbad, California for three years and as Director of
Public Works/City Engineer for the City of Rialto for six years. Mr. Evans graduated
from Claremeont McKenna College with a Bachelor of Arts Degree, from Stanford
University with a Bachelor of Science Degree in Civil Engineering and from the
University of California at Riverside with a Masters Degree in Public Administration.
31
Assessed Valuation.
The following table lists the City's assessed valuation for the past five years.
CITY OF HUNTINGTON BEACH
ASSESSED VALUATION
1985/86 TO 1989/89
Assessed
Year Valuation
1985/86 $7,445,307,033
1986/87 8,000,260,977
1987/88 8,556,563,390
1988/89 8,781,835,933
The table on the following page shows the City's direct and overlapping debt as of
December 7, 1988.
32
II
CITY OF HUNTINGTON BEACH
1988-89 ASSESSED VALUATION
$8,580,201,414 (after deducting $201,634,519
redevelopment tax allocation increment)
Direct and Overlanoine Bonded Debt % Anvlicablel Debt 12/1/88
Orange County 7.883 $ 138,740
Orange County Building Authorities 7.883 8,436,839
Orange County Flood Control District 7.885 690,726
Metropolitan Water District 1.599 8,402,105
Municipal Water Dist. of Orange Co.
Water Facilities Corp. 12.400 8,537,400
Orange County Sanitation Dists. #1, 2 & 3
Certificates of Participation 5.253 6,072,468
Orange County Sanitation District #3 11.168 63,545
Orange County Sanitation District_#11 99.943 212,878
Coast Community College Dist. Authority 30.138 6,291,307
Los Alamitos Unified School District 1.698 12,244
Huntington Beach Union High School Dist. 70.196 1,389,880
Fountain Valley School District 30.642 1,401,871
Huntington Beach School District 96.760 1,209,500
Ocean View School District 93.123 2.123,204
City of Huntington Beach 100.000 2,615,000
City of Huntington Beach Bldg. Authorities 100.000 23,130,0002
TOTAL GROSS DIRECT AND OVERLAPPING
BONDED DEBT $70,728,7073
Less: MWDOC Water Facilities Cor.
(100% self-supporting) 8,537,400
Orange Co. Sanitation Dist. #3
(100% self-supporting) 63,545
TOTAL NET DIRECT AND OVERLAPPING BONDED
DEBT $62,127,762
Ratios to 1988-89 Assessed Valuation
Direct Debt ($25,745,000) 0.30%
Total Gross Debt 0.82%
Total Net Debt 0.72%
SHARE OF AUTHORIZED AND UNSOLD BONDS
Metropolitan'Water District $4,237,350
Fountain Valley School District $1,506,054
Ocean View School District $1,732,088
STATE SCHOOL BUILDING AID REPAYABLE AS OF 6/30/88: $30,901,907
YN: ($200)
1. Based on 1987-88 ratios.
2. Excludes 1915 Act bonds to be sold.
3. Excludes tax and revenue anticipation notes, revenue, mortgage revenue and tax
allocation bonds and non-bonded capital lease obligations.
33
CONCLUDING INFORMATION
Tax Exemption.
In the opinion of Brown & Diven, Bond Counsel, under existing statutes,
regulations, rulings and court decisions, the interest on the Bonds is excluded from gross
income for federal income tax purposes pursuant to Section 103(a) of the Internal
Revenue Code of 1986, as amended (the "Code"). In addition, Bond Counsel is of the
opinion that the Bonds are not "private activity bonds" within the meaning of Section
141(a) of the Code and, therefore, the interest on the Bonds is not a specific item of tax
preference for purposes of the Code's alternative minimum tax provisions, except to the
extent provided in the following sentence. Interest on the Bonds received by a corporation
will be included in book income and adjusted current earnings for purposes of computing
its alternative minimum tax liability. Bond Counsel is further of the opinion that the
interest on the Bonds is exempt from personal income taxes of the State of California
under present state law.
Bond Counsel's opinion as to the exclusion from gross income of interest on the
Bonds is subject to the condition that the District comply with all requirements of the
Internal Revenue Codes of 1986, as amended (the "Code"), that must be satisfied
subsequent to the issuance of the Bonds to assure that interest of the Bonds will not
become includable in gross income for federal income tax purposes. Failure to comply
with such requirements could cause interest on the Bonds to be included in gross income
for federal income tax purposes retroactive to the date of issuance of the Bonds. The
District has covenanted to comply with all such requirements. Bond Counsel has not
undertaken to determine (or to inform any person) whether any actions taken (or not
taken) or events occurring after the date of issuance of the Bonds may affect the tax
status of interest on the Bonds.
Although Bond Counsel has rendered an opinion that interest on the Bonds is
excluded from gross income for federal income tax purposes, the accrual or receipt of
interest on the Bonds may otherwise affect the federal income tax liability of the
recipient. The extent of these other tax consequences will depend upon the recipient's
particular tax status and other items of income or deductions. Bond Counsel expresses no
opinion regarding any such consequences. Accordingly, all potential purchasers should
consult their tax advisors before purchasing any of the Bonds.
Litigation.
According to the City, there is no known controversy or litigation of any nature
now pending to restrain or enjoin the issuance, sale, execution or delivery of the Bonds or
in any way contesting or affecting the validity of the Bonds, the proceedings of the City
taken with respect to the issuance or sale thereof, the existence or powers of the City or
the title of any officer of the City Council to his/her respective position.-
No Rating.
The City has not, and does not contemplate making, application to any rating
agency for the assignment of a rating to the Bonds.
34
Legal Opinion.
All proceedings in connection with the issuance of the Bonds are subject to the
approval of Brown & Diven, Rancho Santa Fe, California, Bond Counsel for the City in
connection with the Assessment District Project. The unqualified opinion of Brown &
+� Diven approving the validity of the Bonds will be printed on each Bond.
Underwriting.
Stone and Youngberg, the Underwriter, has purchased the Bonds from the City at
an aggregate discount of $41,347:61 from the total par value of the Bonds as set forth on
the cover page of this Official Statement. The public offering prices may be changed
from time to time by the Underwriter. The Underwriter may offer and sell Bonds to
certain dealers and others at prices lower than the offering price stated on the cover page
hereof.
i
35
APPENDIX A
ASSESSMENT DISTRICT DIAGRAM
i
f
. _ • Y�
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11
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stark,,,&, RESERVOIR Hill ASSESSMENT DISTRICT T;
APPENDIX B
GENERAL ECONOMIC DATA
7
GENERAL INFORMATION ON THE CITY AND ITS ECONOMY
The following information is presented as general background data. The Bonds are
payable solely from the Assessments as described herein. The taxing power of the City of
Huntington Beach, the State of California, or any political subdivision thereof is not pledged to
the payment of the Bonds.
Introduction.
The City of Huntington Beach is a coastal community of 27.7 square miles located
approximately 35 miles south of Los Angeles in Orange County. Lying equidistant
between Ventura and San Diego, the City has direct access to a market area of almost 12
million people.
The City was incorporated on February 17, 1909. Huntington Beach is a charter
city. Its first charter was adopted in May, 1937, and revised in November, 1982.
The City is primarily a residential community with a balance of commercial and
industrial activities. Some of the City's diverse land uses include oil production, the
Huntington Center Mall, a Southern California Edison electrical power plant, and a
municipal pier. Huntington Beach has an extensive transportation network, excellent
educational and health services, and abundant recreation facilities -- notably, its public
beaches.
Huntington Beach enjoys a mild Mediterranean-like climate. Prevailing ocean
breezes provide clean, clear air, warm, sunny days and cool, crisp nights. Summer
temperatures range from 75 to 80 degrees, while winter days are 60 to 70 degrees. Yearly
rainfall is approximately 12 inches and humidity averages 65%. The City's nine miles of
public beaches attract many visitors throughout the year.
Industry.
In the early 1900's, oil production brought many new settlers into the area, giving
it a sound economic base on which to grow. Today, oil continues to remain a significant
industry in the City. More than 20,000 barrels a day are produced from wells in
Huntington Beach. Oil interests continue to contribute more than $4 million to the City
each year in taxes, permits and fees.
Close to 400 companies moved into Huntington Beach over the last four years,
bringing 3,000 new jobs and continuing the industrial growth that has attracted close to
900 firms to the City. These firms employ over 40,000 workers in the businesses ranging
from the highly sophisticated space technology of McDonnell Douglas Astronautics
Company to the diversity of craft industries making surf boards, pottery and stained
glass.
The two areas zoned for industrial development are the Northwestern Industrial
Complex and the Gothard Street Industrial Corridor. Predominant uses of the
Northwestern Industrial Complex include light manufacturing, warehousing and some
support commercial. This area's principal products are space technology, computer
hardware and software, metal fabrication, electronic components, medical supplies,
precision instruments and oil field equipment. The Gothard Street Industrial Corridor
contains numerous 10 to 20 acre industrial parks and hosts a wide variety of light
manufacturing, warehousing and research development firms.
B-1
Population.
For several years during the 1970's, Huntington Beach was the fastest growing city
in the United States. Results of the 1980 census indicated Huntington Beach's population
was 170,486, an increase of approximately 47 percent from the 1970 results. The City is
currently the third largest in the County with a population of approximately 187,000.
TABLE B-1
CITY OF HUNTINGTON BEACH AND ORANGE COUNTY
Population
(as of January 1)
Orange City Population
Percent Square County as a Percent of
Year Population Increase Miles Population County Population
1910 815 3.57 34,436 2.4%
1920 1,687 107.0% 3.57 61,375 2.7%
1930 3,690 119.0% 3.57 118,647 3.1%
1940 3,738 1.3% 3.57 130,760 2.9%
1950 5,158 38.0% 4.72 216,224 2.4%
1960 11,492 122.8% 23.47 703,925 1.6%
1970 116,400 912.9% 26.73 1,420,386 8.2%
1980 172,200 47.9% 27.20 1,931,570 8.9%
1981 173,393 0.7% 27.20 1,972,724 8.8%
1982 175,714 1.3% 27.20 1,993,831 8.8%
1983 178,706 1.7% 27.20 2,036,390 8.8%
1984 179,990 0.7% 27.20 2,066,498 8.7%
1985 180,000 0.0% 27.20 2,074,326 8.7%
1986 184,280 2.4% 27.20 2,145,709 8.6%
1987 187,000 1.5% 27.20 2,195,652 8.5%
1988 187,700 0.4% 27.20 2,238,700 2.0%
--------------------
Source: Department of Development Service, City of Huntington Beach, 1910-1987;
California Department of Finance, 1988
B-2
7
Employment.
In the last f ive years, industrial employment has increased over 30 percent in
Huntington Beach, and industrial businesses have grown by a net of almost 200 firms.
Table B-2 lists the largest private employers in the City.
TABLE B-2
CITY OF HUNTINGTON BEACH
Largest Non-Government Employers 1986
Comoanv Number Emnloved
McDonnell Douglas 5,220
Weiser Lock 1,300
General Telephone 1,060
Huntington Humana Hospital 400
Pacifica Hospital 290
Cambro Manufacturing Company 260
American Eagle Wheel Company 60
John Thomas Trucking Company 50
Rainbow Disposal 50
-------------------
Source: Business License Division, City of Huntington Beach
Commercial Activity.
The variety of commercial locations ranges from small neighborhood convenience
centers to the community's regional mall, Huntington Center, at Beach Boulevard and the
San Diego Freeway and the newly constructed mixed use Charter Centre. Beach
Boulevard offers six miles of commercial uses, including thirteen major automobile
dealerships, numerous specialty centers and many restaurants.
The City's most unique shopping centers include Old World, Seacliff Village and
Peter's Landing. Old World features shops that specialize in imported goods, handcrafted
items, unusual gifts and delicacies. The atmosphere is enhanced by cobblestone walkways,
arcade rides and strolling musicians. Close to the center of town, Seacliff Village has
created a Cape Cod atmosphere that has received architectural acclaim. Its sculptures,
murals and ceramic tile walkways, combined with quality shops and restaurants, have
created a special environment which has become a favorite among local residents. Peter's
Landing, on the water's edge in Huntington Harbour, is modeled after the coastal
community of Saint Tropez, France. This center features marina boat rides, a unique
architectural environment and excellent restaurants.
In additional to these specialty centers, more than 35 neighborhood shopping
centers are located conveniently throughout the community.
B-3
Table B-3 sets forth State of California statistics on commercial activity in the
City for seven calendar years.
TABLE B-3
CITY OF HUNTINGTON BEACH
Total Taxable Transactions and Number of Sales Permits
(in thousands of dollars)
Retail Total Taxable Issued Sales Increase In
` Year Sales Transactions Permits Total Sales
1981 $ 743,217 $ 905,201 4,521 ----
1982 750,405 923,123 5,027 2.0%
1983 886,921 1,043,898 5,265 13.1%
1984 1,013,546 1,212,802 5,537 16.2%
1985 1,137,845 1,348,247 5,656 11.2%
1986 1,212,666 1,455,290 6,041 7.9%
1987 1,277,401 1,544,775 6,263 6.1%
-------------------
Source: State Board of Equalization,
Taxable Sales in California.
Transportation.
The community has excellent vehicle access to the surrounding region via Pacific
Coast Highway (State Highway 1), Beach Boulevard (State Highway 39) and the San Diego
Freeway (Interstate 405). Besides these primary routes, the City is also served by a grid
system of major north-south and east-west arterial streets that allow easy access in all
directions.
Huntington Beach residents, businesspeople and visitors are just minutes away from
both John Wayne and Long Beach Airports, Long Beach Harbor and Santa Ana's Amtrak
Station. Los Angeles International and Ontario International Airports are less than an
hour's drive away from Huntington Beach.
Education and Health Care
The Huntington Beach public school system provides instruction in basic skills, and
advanced instruction in specialized areas at both the elementary and high school levels.
Individual education is also emphasized.
Two community colleges are located in Huntington Beach. Golden West and
Coastline Colleges offer day and evening classes leading to degrees and certificates in all
standard subjects. Golden West College has an enrollment approaching 50,000 and is also
the home of KOCE, Orange County's public broadcasting television station. Coastline
College schedules its courses at various times during the day, in the evenings, and on
weekends for the convenience of its students. The community is also close to a number of
other colleges and universities in nearby cities. The University of California in Irvine
and the California State Universities at Long Beach and Fullerton are all within one-half
hour driving time.
B-4
Local health care is provided by two full-service, acute-care hospitals and
numerous clinics, health-maintenance organizations, convalescent hospitals and other
medical facilities. Humana Hospital and Pacifica Community Hospital together provide
over 250 beds and offer the latest in sophisticated diagnostic techniques, fully equipped
emergency rooms and clinical laboratories, as well as special facilities for intensive care,
coronary care, pediatrics, orthopedics and outpatient care. Humana Hospital serves as
headquarters for City paramedic training and is the base hospital for paramedic calls.
Pacifica Community is the center of an extensive medical-hospital complex that contains
their renowned non-profit Cancer Detection Center which provides low-cost screening on
an out-patient basis as a public service to the community. Huntington Beach has over 300
practicing doctors, dentists, optometrists, chiropractors, physical therapists and other
medical professionals located conveniently throughout the City.
Recreation.
Huntington Beach has the Pacific Ocean. as its primary natural resource. Nine
miles of public beaches and one of the best surfs in the world bring nearly 10 million
visitors into the community each year. In addition to surfing, swimming and boating, the
beach area has paved trails exclusively for bicyclists and joggers, volleyball courts and
barbecues for cookouts. The City's Municipal Pier draws over a million people a year for
fishing, sight-seeing, or dining in one of the nearby restaurants.
The City's public beaches are not the only places for recreation, in Huntington
Beach. The community enjoys over 50 parks, each with a variety of recreational
facilities. Central Park, the City's largest inland recreation area, offers an equestrian
center and miles of riding trails, lakes for fishing and boating, jogging and physical
fitness courses, and a variety of well maintained ball fields, courts and playgrounds.
Other recreational amenities within the City's Public Park System include two golf
courses, 72 tennis courts, five swimming pools and a boating marina.
Recreation programs and other activities for children, adults and families are
conducted in three dozen parks throughout the year. Softball, baseball, soccer, volleyball,
football, and other organized league sports are offered for children and adults at various
times of the year. Community centers are maintained at many local parks where
activities are organized and information is disseminated. They host a wide variety of
recreational and educational classes and serve as meeting places for various community
groups. Many other community facilities are located in .or adjacent to the local parks,
such as the Central Library and Cultural Resource Center within Central Park.
Other major private or commercial recreational facilities in Huntington Beach
include two country clubs, aerobic centers, equestrian centers, a bowling alley, movie
theaters and a community playhouse. Nearby are many regional tourist attractions,
including Disneyland, Knott's Berry Farm, Anaheim Stadium, Los Alamitos Race Track,
the Queen Mary, Spruce Goose and others.
B-5
APPENDIX C
LEGAL OPINION
I
LEGAL OPINION
CITY OF HUNTINGTON BEACH
ASSESSMENT DISTRICT NO. 88-1
(RESEVOIR HILL)
1915 ACT LIMITED OBLIGATION IMPROVEMENT BONDS
BOND DATE: JANUARY 17, 1989 V
We have examined the record of the proceedings of the City Council of the City of ~
Huntington Beach, California (the "Agency"), for the levy of special assessments and
authorization and issuance of bonds upon unpaid assessments (the "Bonds") in what is
known and designated as Assessment District No. 88-1 (Resevoir Hill) as set forth and
described in a Resolution of Intention, being Resolution No. 5926, as approved and
adopted by the City Council of said Agency.
Said proceedings were had and taken pursuant to the provisions of the "Municipal
Improvement Act of 19I3", being Division 12. of the Streets and Highways Code of the
State of California, with Bonds issued pursuant to the provisions of the "Improvement
Bond Act of 1915", being Division 10 of said Code. This examination covers said
proceedings down to and including the issuance and execution of said Bonds by the
Treasurer. No examination has been made of the ownership and use of the property
assessed.
Said Bonds, in the total principal amount of $1,653,904.59, are dated the 17th day of
January, 1989, and are issued in denominations of $5,000.00, or any integral multiple
thereof, except for one Bond maturing in the first year of maturity which includes the
amount by which the total issue exceeds the maximum integral multiple of $5,000.00
contained therein. Said Bonds are issued in registered form as to both principal and
interest and are payable to the registered owner thereof out of the redemption fund for
the payment of said Bonds at the office of the designated paying agent, with the first
interest installment payable on March 2, 1990, and interest thereafter payable
semiannually on September 2nd and March 2nd of each year with principal maturing on
September 2nd of each subsequent year until paid.
From such examination, we are of the opinion that said proceedings have been taken in
accordance with the laws, court decisions and Constitution of the Sate of California, and
in substantial compliance with the provisions of the "Municipal Improvement Act of
1913", and that said Bonds, having been issued in duly authorized form and executed by
the proper officials and delivered in the manner provided by law, are regularly issued
Bonds, and that the payment of each of said Bonds is secured by a valid assessment lien
upon certain lands as. described in said assessment. In the event of default in the
payment of any installment of principal or interest, the land securing such installments
and assessments shall be sold in the same manner in which real property is sold for the
non-payment of general property taxes, and shall be subject to redemption in the same
manner and to the same extent that real property may be redeemed.
i
The Agency is not obligated in any way to advance available funds from the General
Treasury to cure any deficiency which may occur in the redemption fund and is not
obligated to become a purchaser at any tax sale, and the only advancement of funds shall
be from the special reserve fund.
C-1
There has been included in the .bond issue a "special reserve fund", from which funds will
be advanced to the redemption fund to assist in the payment of delinquent assessments,
and said monies will also be used to assist in the discharge of assessments.
As a cumulative remedy, if any assessment or installment thereof is not paid, the
legislative body has ordered that the same be collected by an action brought in the
Superior Court to foreclose the lien thereof. The court shall have the power to decree a
lien against the lot or parcel covered by the assessment and shall order the premises to be
sold on execution as in other cases of the sale of real property.
The rights of the owners of the Bonds and the enforceability thereof may be subject to
bankruptcy, insolvency, reorganization and other similar laws affecting creditors' rights,
or equitable principles relating to or limiting creditors' rights.
The Bonds, or a portion thereof if issued in denominations greater than $5,000.00, shall be
subject to redemption and payment in advance of maturity in increments of $5,000.00 as
provided in Section 8768 of the Act, on the second day of March or September in any
year by giving the notice provided in said law to the registered owner thereof at this
address as it appears on the registration books of the Agency and by paying principal of
the accrued interest on such redeemed amount, together with a premium equal to three
percent (3%) of the redeemed principal amount. If less than an entire Bond is redeemed,
the unredeemed portion shall be reissued to the registered owner thereof.
In our opinion, the interest on said Bonds is excluded from gross income for Federal
income tax purposes and is not an item of tax preference for purposes of the Federal
alternative minimum tax imposed upon individuals and corporations; it should be noted,
however, that for the purposes of computing the alternative minimum tax imposed on
corporations (as defined for Federal income tax purposes), such interest is taken into
account in determining adjusted net book income (adjusted current earnings for taxable
years beginning after December 31, 1989). This opinion presumes that the Agency
complies with all requirements of the Internal Revenue Code of 1986 that must be
satisfied subsequent to the issuance of the Bonds in order that interest thereon be, or
continue to be, excluded from gross income for Federal income tax purposes. The Agency
has covenanted to comply with each such requirement. Failure to comply with such
requirements may cause the inclusion of interest on the Bonds in gross income for Federal
income tax purposes to be retroactive to the date of issuance of the Bonds in gross income
for Federal income tax purposes to be retroactive to the date of issuance of the Bonds.
In our opinion, the interest on the Bonds is exempt from personal income taxation by the
r State of California.
Respectfully submitted,
' BROWN & DIVEN
i
C-2
CITY OF HUNTINGTON BEACH
(Orange County, California)
CITY COUNCIL
Wes Bannister, Mayor
Tom Mays, Mayor Pro Tern
John Erskine, Councilmember
Peter Green, Councilmember
Don MacAllister, Councilmember
Jim Silva, Councilmember
Grace Winchell, Councilmember
CITY STAFF
Paul Cook, City Administrator
Robert J. Franz, Deputy City Admin./Chief of Admin. Services
Louis F. Sandoval, Public Works Director
Les Evans, City Engineer
BOND COUNSEL
Brown & Diven
Rancho Santa Fe, California
ASSESSMENT ENGINEER
Black & Veatch
Santa Ana, California
FINANCIAL ADVISOR
Fieldman, Rolapp & Associates
Irvine, California
FISCAL AGENT/REGISTRAR/PAYING AGENT/TRANSFER AGENT
Bank of America National
Trust and Savings
San Francisco, California
. i
TABLE OF CONTENTS
Pau
I. INTRODUCTION.................................................................................................................. I
II. REGIONAL LOCATION MAP.......:...............................................................................3
III. VICINITY MAP......................................................................................................................4
IV. THE BONDS .
Purposeof the Bonds...........................................................................................................5
Authorityfor Issuance........................................................................................................5 T
Description of the Bonds...................................................................................................5
Redemptionof Bonds..........................................................................................................5
RefundingBonds...................................................................................................................6
Registration..............................................................................................................................6
V. SECURITY FOR THE BONDS
Limited Obligation of the City Upon Delinquency.............................................7
ReserveFund....................................................................................................................:......7
Covenant to Commence Superior Court Foreclosure...........................................8
Covenants of the City Regarding Arbitrage
andRebate.............................................................................................................................8
Priority of Assessment Lien.............................................................................................9
Special Assessments - Article XIIIA and XIIIB of the
CaliforniaConstitution...................................................................................................9
AnnualDebt Service..........................................................................................................10
VI. BONDOWNERS' RISKS
General......................................................................................................................................I I
Bankruptcy and Foreclosure............................................................... ...II
........................
Factors Which May Affect Land Development....................................................12
Limited City Obligation Upon Delinquency.........................................................12
Direct and Overlapping Debt........................................................................................12
VII. THE PROJECT
Descriptionof Work...........................................................................................................13
Estimated Projects Costs...................................................................................................13
Method and Formula of Assessment..........................................................................14
Summary of Assessment Proceedings.........................................................................15
Special Assessment Investigation, Limitation and
Majority Protest Act of 1931.......................................... ....16 �.
Disposition of Surplus Funds........................................................................................16
VIII. THE ASSESSMENT DISTRICT
Existing Zoning and Land Use.....................................................................................17
Agencies Which Provide Public Utilities.................................................................17
Access to Parcels to be Assessed..................................................................................18
AssessmentRoll ...................................................................................................................18
EnvironmentalReview......................................................................................................28
Property Tax Delinquencies...........................................................................................28
TheProperty Owners .......................................................................................................29
The Huntington Beach Company.................................................................................30
EncyclopediaLots................................................................................................................30
ii
IX. THE CITY
Organization...........................................................................................................................31
AssessedValuation..............................................................................................................32
Direct and Overlapping Debt Table...........................................................................33
X. CONCLUDING INFORMATION
TaxExemption......................................................................................................................34
Litigation.................................................................................................................................34
NoRating................................................................................................................................34
LegalOpinion........................................................................................................................35
Underwriting..........................................................................................................................35
APPENDIX A - ASSESSMENT DISTRICT DIAGRAM........................................................A-1
APPENDIX B - GENERAL ECONOMIC DATA......................................................................B-1
APPENDIX C - LEGAL OPINION.................................................................................................C-1
The purpose of this Official Statement is to present useful information to the
investors of the Improvement Bonds described herein, issued by the City of Huntington
Beach (the "City").
The information contained herein has been prepared for the City, under the
direction of Fieldman, Rolapp & Associates, Municipal Financial Advisors to the City.
This information has been compiled from sources believed to be reliable, but it is
presented without audit, and in some instances, without verification by Fieldman, Rolapp
& Associates; it is not guaranteed. Any and all references to property values contained
herein are based upon information supplied by the sources as noted in the text or to
documents on file with the City. While all efforts have been made to be as thorough as
possible, no warranties are given concerning the accuracy or completeness of this
information. Any statements in this Official Statement involving matters of opinion,
whether or not expressly stated, are intended as such and are not to be construed as
representations of fact.
Neither this information nor any statement which may have been made orally or in
writing is to be construed as a contract with the purchasers of any of the Bonds proposed
to be issued.
All statements made herein are made as of January 16, 1989, as amended from the
Preliminary Official Statement, approved December 19, 1988, by the City Council of the
City of Huntington Beach, except statistical information or other statement where some
other date is indicated by the text.
iii
IX. THE CITY
Organization...........................................................................................................................34
AssessedValuation..............................................................................................................35
Direct and Overlapping Debt Table...........................................................................36
X. CONCLUDING INFORMATION
TaxExemption......................................................................................................................37
Litigation.................................................................................................................................37
NoRating.7--....***—*---------...--**-----****—***...***"**"*"****"*******'**'*"*'*'************37
LegalOpinion........................................................................................................................38
Underwriting..........................................................................................................................38
APPENDIX A - ASSESSMENT DISTRICT DIAGRAM.............:..........................................A-1
APPENDIX B - GENERAL ECONOMIC DATA......................................................................B-1
APPENDIX C - LEGAL OPINION.................................................................................................C-1
The purpose of this Preliminary Official Statement is to present useful information
to the prospective investors of the Improvement Bonds described herein, proposed to be
issued by the City of Huntington Beach (the "City"). This document is not, and shall not
constitute. an Official Statement. However, the Preliminary Official Statement will serve
as the basis for the Official Statement to be completed by the City upon the award of the
Bonds.
The information contained herein has been prepared for the City, under the
direction of Fieldman, Rolapp & Associates, Municipal Financial Advisors to the City.
This information has been compiled from sources believed to be reliable, but it is
presented without audit, and in some instances, without verification by Fieldman, Rolapp
& Associates; it is not guaranteed. Any and all references to property values contained
herein are based upon information supplied by the sources as noted in the text or to
documents on file with the City. While all efforts have been made to be as thorough as
possible, no warranties are given concerning the accuracy or completeness of this
information. Any statements in this Preliminary Official Statement involving matters of
opinion, whether or not expressly stated, are intended as such and are not to be construed
as representations of fact.
Neither this information nor any statement which may have been made orally or in
writing is to be construed as a contract with the purchasers of any of the Bonds proposed
to be issued.
All statements made herein are made as of December 19, 1988, the date of approval
of this document as a Preliminary Official Statement by the City Council of the City of
Huntington Beach, except statistical information or other statement where some other
date is indicated by the text.
iii
a
I
APPENDIX B
GENERAL ECONOMIC DATA
GENERAL INFORMATION ON THE CITY AND ITS ECONOMY
The following information is presented as general background data. The Bonds are
payable solely from the Assessments as described herein. The taxing power of the City of
Huntington Beach, the State of California, or any political subdivision thereof is not pledged to
the payment of the Bonds.
Introduction.
The City of Huntington Beach is a coastal community of 27.7 square miles located
approximately 35 miles south of Los Angeles in Orange -County. Lying equidistant
between Ventura and San Diego, the City has direct access to a market area of almost 12
million people.
The City was incorporated on February 17, 1909. Huntington Beach is a charter
city. Its first charter was adopted in May, 1937, and revised in November, 1982.
The City is primarily a residential community with a balance of commercial and
industrial activities. Some of the City's diverse land uses include oil production, the
Huntington Center Mall, a Southern California Edison electrical power plant, and a
municipal pier. Huntington Beach has an extensive transportation network, excellent
educational and health services, and abundant recreation facilities -- notably, its public
beaches.
Huntington Beach enjoys a mild Mediterranean-like climate. Prevailing ocean
breezes provide clean, clear air, warm, sunny days and cool, crisp nights. Summer
temperatures range from 75 to 80 degrees, while winter days are 60 to 70 degrees. Yearly
rainfall is approximately 12 inches and humidity averages 65%. The City's nine miles of
public beaches attract many visitors throughout the year.
Industry.
In the early 1900's, oil production brought many new settlers into the area, giving
it a sound economic base on which to grow. Today, oil continues to remain a significant
industry in the City. More than 20,000 barrels a day are produced from wells in
Huntington Beach. Oil interests continue to contribute more than $4 million to the City
each year in taxes, permits and fees.
Close to 400 companies moved into Huntington Beach over the last four years,
bringing 3,000 new jobs and continuing the industrial growth that has attracted close to `
900 firms to the City. These firms employ over 40,000 workers in the businesses ranging
from the highly sophisticated space technology of McDonnell Douglas Astronautics
Company to the diversity of craft industries making surf boards, pottery and stained
glass.
The two areas zoned for industrial development are the Northwestern Industrial
Complex and the Gothard Street Industrial Corridor. Predominant uses of the
Northwestern Industrial Complex include light manufacturing, warehousing and some
support commercial. This area's principal products are space technology, computer
hardware and software, metal fabrication, electronic components, medical supplies,
precision instruments and oil field equipment. The Gothard Street Industrial Corridor
contains numerous 10 to 20 acre industrial parks and hosts a wide variety of light
manufacturing, warehousing and research development firms.
B-1
Population.
For several years during the 1970's, Huntington Beach was the fastest growing city
in the United States. Results of the 1980 census indicated Huntington Beach's population
was 170,486, an increase of approximately 47 percent from the 1970 results. The City is
currently the third largest in the County with a population of approximately 187,000.
TABLE B-1
CITY OF HUNTINGTON BEACH AND ORANGE COUNTY
Population
(as of January 1)
Orange City Population
Percent Square County as a Percent of
Year Population Increase Miles Population County Population
1910 815 3.57 34,436 2.4%
1920 1,687 107.0% 3.57 61,375 2.7%
1930 3,690 119.0% 3.57 118,647 3.1%
1940 3,738 1.3% 3.57 130,760 2.9%
1950 5,158 38.0% 4.72 216,224 2.4%
1960 11,492 122.8% 23.47 703,925 1.6%
1970 116,400 912.9% 26.73 1,420,386 8.2%
1980 172,200 47.9% 27.20 1,931,570 8.9%
1981 173,393 0.7% 27.20 1,972,724 8.8%
1982 175,714 1.3% 27.20 1,993,831 8.8%
1983 178,706 1.7% 27.20 2,036,390 8.8%
1984 179,990 0.7% 27.20 2,066,498 8.7%
1985 180,000 0.0% 27.20 2,074,326 8.7%
1986 184,280 2.4% 27.20 2,145,709 8.6%
1987 187,000 1.5% 27.20 2,195,652 8.5%
1988 187,700 0.4% 27.20 2,238,700 2.0%
--------------------
Source: Department of Development Service, City of Huntington Beach, 1910-1987;
California Department of Finance, 1988
B-2
Employment.
In the last five years, industrial employment has increased over 30 percent in
Huntington Beach, and industrial businesses have grown by. a net of almost 200 firms.
Table B-2 lists the largest private employers in the City.
TABLE B-2 7 _
CITY OF HUNTINGTON BEACH
Largest Non-Government Employers 1986 ,
Company Number Employed
McDonnell Douglas 5,220
Weiser Lock 1,300
General Telephone 1,060
Huntington Humana Hospital 400
Pacifica Hospital 290
Cambro Manufacturing Company 260
American Eagle Wheel Company 60
John Thomas Trucking Company 50
Rainbow Disposal 50
-------------------
Source: Business License Division, City of Huntington Beach
Commercial Activity.
The variety of commercial locations ranges from small neighborhood convenience
centers to the community's regional mall, Huntington Center, at Beach Boulevard and the
San Diego Freeway and the newly constructed mixed use Charter Centre. Beach
Boulevard offers six miles of commercial uses, including thirteen major automobile
dealerships, numerous specialty centers and many restaurants.
The City's most unique shopping centers include Old World, Seacliff Village and
Peter's Landing. Old World features shops that specialize in imported goods, handcrafted
items, unusual gifts and delicacies. The atmosphere is enhanced by cobblestone walkways,
arcade rides and strolling musicians. Close to the center of town, Seacliff Village has
created a Cape Cod atmosphere that has received architectural acclaim. Its sculptures,
murals and ceramic tile walkways, combined with quality shops and restaurants, have
created a special environment which has become a favorite among local residents. Peter's
Landing, on the water's edge in Huntington Harbour, is modeled after the coastal
community of Saint Tropez, France. This center features marina boat rides, a unique
architectural environment and excellent restaurants.
In additional to these specialty centers, more than 35 neighborhood shopping
centers are located conveniently throughout the community.
B-3
Table B-3 sets forth State of California statistics on commercial activity in the
City for seven calendar years.
TABLE B-3
CITY OF HUNTINGTON BEACH
Total Taxable Transactions and Number of Sales Permits
(in thousands of dollars)
Retail Total Taxable Issued Sales Increase In
Year Sales Transactions Permits Total Sales
1981 $ 743,217 $ 905,201 4,521 ----
1982 750,405 923,123 5,027 2.0%
1983 886,921 1,043,898 5,265 13.1%
1984 1,013,546 1,212,802 5,537 16.2%
1985 1,137,845 1,348,247 5,656 11.2%
1986 1,212,666 1,455,290 6,041 7.9%
1987 1,277,401 1,544,775 6.263 6.1%
-------------------
Source: State Board of Equalization,
Taxable Sales in California.
Transportation.
The community has excellent vehicle access to the surrounding region via Pacific
Coast Highway (State Highway 1), Beach Boulevard (State Highway 39) and the San Diego
Freeway (Interstate 405). Besides these primary routes, the City is also served by a grid
system of major north-south and east-west arterial streets that allow easy access in all
directions.
Huntington Beach residents, businesspeople and visitors are just minutes away from
both John Wayne and Long Beach Airports, Long Beach Harbor and Santa Ana's Amtrak
Station. Los Angeles International and Ontario International Airports are less than an
hour's drive away from Huntington Beach.
Education and Health Care
The Huntington Beach public school system provides instruction in basic skills, and
advanced instruction in specialized areas at both the elementary and high school levels.
Individual education is also emphasized.
Two community colleges are located in Huntington Beach. Golden West and
Coastline Colleges offer day and evening classes leading to degrees and certificates in all
standard subjects. Golden West College has an enrollment approaching 50,000 and is also
the home of KOCE, Orange County's public broadcasting television station. Coastline
College schedules its courses at various times during the day, in the evenings, and on
weekends for the convenience of its students. The community is also close to a number of
other colleges and universities in nearby cities. The University of California in Irvine
and the California State Universities at Long Beach and Fullerton are all within one-half
hour driving time.
B-4
Local health care is provided by two full-service, acute-care hospitals and
numerous clinics, health-maintenance organizations, convalescent hospitals and other
medical facilities. Humana Hospital and Pacifica Community Hospital together provide
over 250 beds and offer the latest in sophisticated diagnostic techniques, fully equipped
emergency rooms and clinical laboratories, as well as special facilities for intensive care,
coronary care, pediatrics, orthopedics and outpatient care. Humana Hospital serves as
headquarters for City paramedic training and is the base hospital for paramedic calls. r '
Pacifica Community is the center of an extensive medical-hospital complex that contains
their renowned non-profit Cancer Detection Center which provides low-cost screening on
an out-patient basis as a public service to the community. Huntington Beach has over 300
practicing doctors, dentists, optometrists, chiropractors, physical therapists and other
medical professionals located conveniently throughout the City.
Recreation.
Huntington Beach has the Pacific Ocean as its primary natural resource. Nine
miles of public beaches and one of the best surfs in the world bring nearly 10 million
visitors into the community each year. In addition to surfing, swimming and boating, the
beach area has paved trails exclusively for bicyclists and joggers, volleyball courts and
barbecues for cookouts. The City's Municipal Pier draws over a million people a year for
fishing, sight-seeing, or dining in one of the nearby restaurants.
The City's public beaches are not the only places for recreation in Huntington
Beach. The community enjoys over 50 parks, each with a variety of recreational
facilities. Central Park, the City's largest inland recreation area, offers an equestrian
center and miles of riding trails, lakes for fishing and boating, jogging and physical
fitness courses, and a variety of well maintained ball fields, courts and playgrounds.
Other recreational amenities within the City's Public Park System include two golf
courses, 72 tennis courts, five swimming pools and a boating marina.
Recreation programs and other activities for children, adults and families are
conducted in three dozen parks throughout the year. Softball, baseball, soccer, volleyball,
football, and other organized league sports are offered for children and adults at various
times of the year. Community centers are maintained at many local parks where
activities are organized and information is disseminated. They host a wide variety of
recreational and educational classes and serve as meeting places for various community
groups. Many other community facilities are located in or adjacent to the local parks,
such as the Central Library and Cultural Resource Center within Central Park.
Other major private or commercial recreational facilities in Huntington Beach
include two country clubs, aerobic centers, equestrian centers, a bowling alley, movie:
theaters and a community playhouse. Nearby are many regional tourist attractions,
including Disneyland, Knott's Berry Farm, Anaheim Stadium, Los Alamitos Race Track,
the Queen Mary, Spruce Goose and others.
B-5
i
i
i
APPENDIX C
LEGAL OPINION
r r -
I .
PRELIMINARY OFFICIAL STATEMENT DATED DECEMBER 15, 1988
NEW ISSUE NOT RATED
In the opinion of Bond Counsel, based on existing statutes, regulations, rulings, and court decisions and assuming, among other matters,
compliance with certain covenants interest on the Bonds is excluded from gross income for federal income tax purposes and is exempt from State
L.E- c of California personal income taxes. In the opinion of Bond Counsel, interest on the Bonds is not a specific preference item for purposes of the
ca a) c federal individual or corporate alternative minimum taxes although Bond Counsel observes that it is included in adjusted net book income and
.E adjusted current earnings in calculated corporate alternative minimum taxable income. Bond Counsel expresses no opinion regarding other
federal income tax consequences relating to the accrual or receipt of interest on the Bonds (see "Tax Exemption"herein).
d 0) NOT TO EXCEED
z 4) $1,774,511.39*
W q CITY OF HUNTINGTON BEACH
o (Orange County, California)
y Limited Obligation Improvement Bonds
i C Assessment District No. 88-1
(Reservoir Hill)
q W.9 Dated: January 17, 1989 Due: September 2, as shown below
d All of the acquisition and construction of improvements shall be undertaken as authorized under provisions of the Municipal
Improvement Act of 1913 (Division 12 of the Streets and Highways Code).The Bonds are issued pursuant to provisions of the
2 d Improvement Bond Act of 1915 (Division 10 of said Streets and Highways Code).
4D t m The Bonds are issued as fully registered Bonds in the denomination of$5,000 or any integral multiple thereof (except for
one Bond maturing in 1990 which will be issued in an irregular denomination that exceeds$5,000 or any integral multiple thereof
by ) . Interest is payable on March 2, 1990,and semiannually thereafter on September 2 and March 2,of each year.
>; Principal of and premium, if any, on the Bonds will be payable at the principal corporate trust office of Bank of America,
E c National Trust and Savings, Los Angeles, California, as Fiscal Agent, Registrar and Paying Agent. Interest on the Bonds is
payable by check or draft mailed to the registered owners thereof as of the 15th day of the month next preceding the interest
0 cc
E 5 payment date.
ca
e a The Bonds are subject to redemption on any September 2 or March 2 in advance of maturity upon giving 30 days prior
cc
0 0cr
notice and upon payment of the principal and interest accrued thereon to the date of redemption,plus a redemption premium of
o three percent (3%) of the principal amount of the Bonds to be redeemed.
c
may- Under the provisions of the Improvement Bond Act of 1915, installments of principal and interest sufficient to meet annual
o-3� debt service on the Bonds are included on the regular County tax bills to owners of property against which there are unpaid
U Z Ma assessments.These annual installments are to be aid into the Redemption Fund,to be held b the Fiscal Agent and used to a
Mo`—'t P P � Y g PY
d c debt service on the Bonds as it becomes due.
960
To provide funds for payment of the Bonds and the interest thereon as a result of any delinquent installments,the City will
`M
cestablish a special Reserve Fund and deposit therein Bond proceeds in the original amount of six percent (6%) of the aggregate
a principal amount of the Bonds.
W
c S r3' If a delinquency occurs in the payment of any assessment installment, the Fiscal Agent, at or before the end of the fiscal
0 year of delinquency, has a duty to transfer into the Redemption Fund the amount of the delinquency out of available funds of
a Assessment District No. 88-1. Available funds consist of the balance in the Reserve Fund. This duty of the Fiscal Agent is
a as continuing during the period of delinquency, until reinstatement, redemption or sale of the delinquent property. There is no
0.0 assurance that funds will be available for this purpose and if, during the period of delinquency, there are insufficient available
° c c funds, a delay may occur in payments to the owners of the Bonds.
tom° The City has elected in the proceedings not to be obligated to advance available funds from the City's treasury in the event
0 o y of a redemption fund deficiency; provided, however,that its election shall not prevent the City from, in its sole discretion, so
prn , advancing funds for such purpose as otherwise provided in the 1915 Act.
ma
26 c The City has covenanted to initiate judicial foreclosure in the event of a delinquency and to commence the procedure and
o 2 diligently prosecute to judgment and sale, subject to certain exceptions, within the time frame described herein.
sue, H:rj Neither the faith and credit nor the taxing power of the City,the State of California,or any political subdivision thereof is
'0 0 0 pledged to the payment of the Bonds.
am The information set forth in this Preliminary Official Statement including information in the section herein entitled
�► 0- "Bondowners' Risks" should be read in its entirety.
d ESTIMATED MATURITY SCHEDULE*
N = BONDS MATURING PRINCIPAL BONDS MATURING PRINCIPAL
3 SEPTEMBER 2 AMOUNT RATE SEPTEMBER 2 AMOUNT RATE
CA
R v 3 1990 2000
lE 1991 2001
O e 1992 2002
cc E o 1993 2003
,i 1994 2004
Co v 1995 2005
N ca
1996 2006
a.L
c 1998 2008
O cc 1999 2009
The Bonds are offered when,as,and if issued and delivered to the Underwriters subject to the approval of Brown&Diven,Rancho Santa Fe,
California, Bond Counsel. It is expected that the Bonds in definitive form will be available for delivery in Los Angeles, California on or about
January 17, 1989.
Dated: January , 1989 STONE & Y O U N G B E R G
* Preliminary; subject to change.
OFFICIAL STATEMENT
NEW ISSUE NOT RATED
In the opinion of Bond Counsel, based on existing statutes, regulations, rulings, and court decisions and assuming, among other matters,
compliance with certain covenants interest on the Bonds is excluded from gross income for federal income tax purposes and is exempt from State
of California personal income taxes.In the opinion of Bond Counsel, interest on the Bonds is not a specific preference item for purposes of the
federal individual or corporate alternative minimum taxes although Bond Counsel observes that it is included in adjusted net book income and
adjusted current earnings in calculated corporate alternative minimum taxable income. Bond Counsel expresses no opinion regarding other
federal income tax consequences relating to the accrual or receipt of interest on the Bonds (see "Tax Exemption"herein).
$1,653,904.59
CITY OF HUNTINGTON BEACH
(Orange County, California)
Limited Obligation Improvement Bonds
Assessment District No. 88-1
(Reservoir Hill)
Dated: January 17, 1989 Due: September 2, as shown below
All of the acquisition and construction of improvements shall be undertaken as authorized under provisions of the Municipal
Improvement Act of 1913 (Division 12 of the Streets and Highways Code).The Bonds are issued pursuant to provisions of the
Improvement Bond Act of 1915 (Division 10 of said Streets and Highways Code).
The Bonds are issued as fully registered Bonds in the denomination of$5,000 or any integral multiple thereof (except for
one Bond maturing in 1990 which will be issued in an irregular denomination that exceeds$5,000 or any integral multiple thereof
by $3,904.59). Interest is payable on March 2, 1990, and semiannually thereafter on September 2 and March 2, of each year.
Principal of and premium, if any, on the Bonds will be payable at the principal corporate trust office of Bank of America,
National Trust and Savings, San Francisco, California, as Fiscal Agent, Registrar and Paying Agent (the "Fiscal Agent").
Interest on the Bonds is payable by check or draft mailed to the registered owners thereof as of the 15th day of the month next
preceding the interest payment date.
The Bonds are subject to redemption on any September 2 or March 2 in advance of maturity upon giving 30 days prior
notice and upon payment of the principal and interest accrued thereon to the date of redemption,plus a redemption premium of
three percent (3%) of the principal amount of the Bonds to be redeemed.
Under the provisions of the Improvement Bond Act of 1915,installments of principal and interest sufficient to meet annual
debt service on the Bonds are included on the regular County tax bills to owners of property against which there are unpaid
assessments.These annual installments are to be paid into the Redemption Fund,to be held by the Fiscal Agent and used to pay
debt service on the Bonds as it becomes due.
To provide funds for payment of the Bonds and the interest thereon as a result of any delinquent installments,the City will
establish a special Reserve Fund and deposit therein Bond proceeds in the original amount of six percent (6%) of the aggregate
principal amount of the Bonds.
If a delinquency occurs in the payment of any assessment installment, the Fiscal Agent, at or before the end of the fiscal
year of delinquency, has a duty to transfer into the Redemption Fund the amount of the delinquency out of available funds of
Assessment District No. 88-1. Available funds consist of the balance in the Reserve Fund. This duty of the Fiscal Agent is
continuing during the period of delinquency, until reinstatement, redemption or sale of the delinquent property. There is no
assurance that funds will be available for this purpose and if, during the period of delinquency, there are insufficient available
funds, a delay may occur in payments to the owners of the Bonds.
The City has elected in the proceedings not to be obligated to advance available funds from the City's treasury in the event
of a redemption fund deficiency; provided, however, that its election shall not prevent the City from,in its sole discretion, so
advancing funds for such purpose as otherwise provided in the 1915 Act.
The City has covenanted to initiate judicial foreclosure in the event of a delinquency and to commence the procedure and
diligently prosecute to judgment and sale, subject to certain exceptions, within the time frame described herein.
Neither the faith and credit nor the taxing power of the City,the State of California,or any political subdivision thereof is
pledged to the payment of the Bonds.
The information set forth in this Official Statement including information in the section herein entitled `Bondowners'
Risks" should be read in its entirety.
MATURITY SCHEDULE
BONDS MATURING PRINCIPAL BONDS MATURING PRINCIPAL
SEPTEMBER 2 AMOUNT RATE SEPTEMBER 2 AMOUNT RATE
1990 $ 3,904.59 6.50% 2000 $ 80,000.00 7.90%
1991 40,000.00 6.70 2001 85,000.00 7.90
1992 45,000.00 6.90 2002 90,000.00 8.00
1993 50,000.00 7.00 2003 100,000.00 8.00
1994 50,000.00 7.20 2004 105,000.00 8.00
1995 55,000.00 7.40 2005 115,000.00 8.10
1996 60,000.00 7.50 2006 125,000.00 8.10
1997 65,000.00 7.60 2007 135,000.00 8.10
1998 70,000.00 7.70 2008 145,000.00 8.10
1999 75,000.00 7.80 2009 160,000.00 8.10
The Bonds are offered when,as,and if issued and delivered to the Underwriters subject to the approval of Brown&Diven,Rancho Santa Fe,
California, Bond Counsel.It is expected that the Bonds in definitive form will be available for delivery in Los Angeles, California on or about
January 26, 1989.
Dated:January 16, 1989 STONE & Y O U N G B E R G
STONE & YOUNGBERG
MEMBERS: PACIFIC STOCK EXCHANGE
December 19, 1988
The Honorable Members of the City Council
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Re: Offer to Purchase Bonds in an amount not to Exceed
$1,774,511.39
City of Huntington Beach
• Assessment District No. 88-1
Limited Obligation Improvement Bonds
(Reservoir Hill)
Dear Members of the City Council:
Pursuant to discussions with Bond Counsel, Brown & Diven, and
our investigation and analysis of the above captioned bond
issue, Stone & Youngberg (the "Underwriter") , hereby offers
to purchase all of the above-referenced bonds subject to the
following conditions:
1. The bonds shall be issued pursuant to the
Improvement Bond Act of 1915.
2 . The par value of the bonds shall be in an amount not
to exceed $1,774, 511.39. The bonds shall mature in
each year and in the amounts and at the rates of
interest to be set forth on the Maturity Schedule to
be delivered prior to execution of this Purchase
Contract and attached hereto as Exhibit "A" .
3 . The bonds shall be issued in denominations of $5,000
or in integral multiples thereof and one bond in an
odd amount due in 1990 as may be requested by the
Underwriter.
4 . All bonds shall be issued in registered form in
accordance with instructions to be determined by the
Underwriter prior to closing. The City shall retain
Bank of America, National Trust and Savings. as
Fiscal Agent, Registrar, Paying Agent and Transfer
Agent.
15260 VENTURA BOULEVARD•SHERMAN OAKS,CALIFORNIA 91403•(818)789.2663
The Honorable Members of the City Council
City of Huntington Beach
December 19, 1988
Page 2
5. The bonds shall be dated January 17, 1989 and
delivered by January 17, 1989 unless a delay is
mutually agreed upon by the City and the
Underwriter.
6. The bonds shall mature from September 2, 1990
through September 2, 2009.
7. The City shall establish a reserve fund in an amount
equal to six percent (6%) of the original proceeds
of the bonds and such reserve fund shall be
established from bond proceeds.
8. The City shall covenant to commence judicial
foreclosure of delinquent assessments within 150
days after receiving notice of any delinquency.
9. The purchase price shall be 97.5% of par (a discount
of 2.5%) .
10. The purchase price of the bonds shall be paid in
full upon delivery to the Underwriter of the bonds
accompanied by:
(a) The unqualified approving legal opinion of Brown
& Diven, Bond Counsel. The legal opinion shall
be printed on the bonds at no charge to us.
(b) A no-litigation certificate of the City.
(c) The opinion of Brown & Diven, Bond Counsel,
dated the date of Closing, to the effect that
(a) the Bonds are exempt from registration under
the Securities Act of 1933, as amended, and the
Resolution is exempt from qualification as an
indenture pursuant to the Trust Indenture Act of
1939, as amended; and (b) nothing has come to
their attention which would lead them to believe
that the Official Statement (excluding therefrom
the financial statements and the statistical
data included in the Official Statement, as to
which no opinion. need be expressed) contains an
i
'I
The Honorable Members of the City Council
City of Huntington Beach
December 19, 1988
Page 3
untrue statement of material fact or omits to
state a material fact required to be stated
therein or necessary to make the statements
therein, in the light of the circumstances under
which they were made, not misleading_
11. The Underwriter shall pay all of its own out-of-
pocket. The City shall pay all other fees and
expenses from the proceeds of the Bonds.
12. The obligation of the Underwriter to accept delivery
of and pay for the bonds on the closing date shall
be subject, at the option of the the Underwriter, to
the following additional conditions:
(a) At the Closing Date, the resolution authorizing
issuance of the Bonds and any other applicable
agreement shall be in full force and effect, and
shall not have been amended, modified or
supplemented except as may have been agreed in
writing by the Underwriter, and there shall have
been taken in connection therewith, with the
issuance of the bonds and with the transactions
contemplated thereby and by this Purchase
Contract, all such actions as, in the opinion of
Brown & Diven, Bond Counsel for the City, shall
be necessary and appropriate;
(b) Between the date hereof and the closing date,
the market price or marketability of the bonds
at the initial offering prices set forth herein
shall not have been materially adversely
affected, in the judgment of the Underwriter
(evidenced by a written notice to the City
terminating the obligation of the Underwriter to
accept delivery of and pay for the bonds) by
reason of any of the following:
(1) Legislation enacted or pending by the
Congress of the United States of America or
a decision rendered by a court established
under Article III of the 'Constitution of the
United Sates of America or by the Tax Court
of the United States of America or an order,
The Honorable Members of the City Council
City of Huntington Beach
December 19, 1988
Page .4
ruling, regulation (final, temporary or
proposed) , press release or other form of
notice issued or made by or on behalf of the
Treasury Department, the Joint Tax
Committee, or the Internal Revenue Service
of the United States of America, with the
y purpose or effect, directly or indirectly,
of imposing federal income taxation upon the
interest as would be received by the owners
of the bonds;
(2) Legislation enacted or pending by the
Congress of the United States of America, or
an order, decree or injunction issued by any
court of competent jurisdiction or an order,
ruling, regulation (final, temporary or
proposed) , press release or other form of
notice issued or made by or on behalf of the
Securities and Exchange Commission, or any
other governmental agency having
jurisdiction of the subject matter, to the
effect that obligations of the general
character of the bonds, or the bonds,
including any or all underlying
arrangements, are not exempt from
registration under or other requirements of
the Securities Act of 1933, as amended, or
that the Resolution is not exempt from
qualification under or other requirements of
the Trust Indenture Act of 1939, as amended,
or that the issuance, offering or sale of
obligations of the general character of the
bonds, or of the bonds including any or all
underwriting arrangements, as contemplated
hereby or by the Official Statement or
otherwise is or would be in violation of the
federal securities laws as amended and then
in effect;
(3) Any amendments to the Federal or California
Constitution or action by any Federal or
California court, legislative body,
regulatory body or other authority
materially adversely affecting the tax
i
'i
The Honorable Members of the City Council
City of Huntington Beach
December 19, 1988
Page 5
status of the City, its property, income,
securities (or interest thereon) , validity
or enforceability of the assessments or the
ability of the City to acquire the
improvements or undertake the financing as
contemplated by the Resolution and the
Official Statement; or
(4) Any event occurring, or information becoming
known which, in the judgment of the
Underwriter, makes untrue or misleading in
any material respect any statement or
information contained in the Official
Statement concerning the City, the
Improvement Project, the •landowners, or the
property assessed.
13. This bid is conditioned upon the successful
consummation of the Assessment District proceedings and
should said proceedings for any reason fail to be
successfully consummated, there shall be no obligation on the
part of the City.
Respectfully submitted,
STONE & YOUNGBERG
By:
Accepted this day of December, 1988
CITY OF HUNTINGTON BEA
Title: Mayor APPrG J ?
G:i I 't:I1 Toff, i1,Y �':t,ornay
By:, Depu-ty f"ity Attorney
Attest:
40 4��
City Clerk
The Honorable Members of the City Council
City of Huntington Beach
December 19, 1988
Page 6
EXHIBIT A
$1,774,511.39*
City of Huntington Beach
Assessment District No. 88-1
Limited Obligation Improvement Bonds
(Reservoir Hill)
Principal*
Maturity Date Amount Interest Rate
9/02/90 $ 4,511.39 6.500
9/02/91 40,000.00 6.700
9/02/92 50, 000.00 6.900
9/02/93 50, 000.00 7.000
9/02/94 55, 000.00 7.200
9/02/95 60,000.00 7.400
9/02/96 65,000.00 7.500
9/02/97 70, 000. 00 7.600
9/02/98 75, 000. 00 7.700
9/02/99 80,000. 00 7.800
9/02/00 85, 000.00 7.900
9/02/01 90, 000.00 7.900
9/02/02 100,000. 00 8. 000
9/02/03 105, 000.00 8.000
9/02/04 115,000.00 8.000
9/02/05 125,000.00 8. 100
9/02/06 135, 000.00 8.100
9/02/07 145, 000. 00 8.100
9/02/08 155, 000. 00 8.100
9/02/09 170, 000. 00 8. 100
Total $1,774,511.39
The net interest cost, which includes a discount of 2.50%, is
8.15%. The average coupon rate is 7.97%.
All Bonds are re-offered at par.
* Subject to change upon close of cash collection period on
January 5, 1989.
CERTIFICATE OF OOMPLIANCE WITH FILING REQUIREMENT
CITY OF HUNTINGTON BEACH)
COUNTY OF ORANGE ) S.S.
STATE OF CALIFORNIA )
The undersigned, under penalty of perjury, certifies that the signed original
of the Internal Revenue Service Form 8038-G, a copy of which is attached
hereto, was mailed to the following address on the 26th day of January ,
1989.
Internal Revenue Service Center
Philadelphia, Pennsylvania 19255
Executed this 26th day of January , 1989 at Huntington Beach ,
Donald Watson
C ` City Treasurer
City of Huntington Beach
i
I
�t
0
VC,-,
01 (D?cambor bee6) ('0vom r�iln eMal Bond d Ogg az �a®wa is�s o�ao
D=gtvam 07 tPO gr000ury . D.UVOOGI 30016pn 1 0(o) Qy�rps I3-9)-09
maneN I?txanua torvtco (UDo lr®rft DOSO-CDC W kzuo Vrizo 1a vrAor S3IN.M.)
Q "'Re2ortI!jg Authority - Check box if Ahiondod ROttdPR D
k3Du:Jr'a tbrrt;t ^ - E 1aDK�rD Om�Or c�tMrlKlttran nymtKt
City of Huntington Beach 95-6000723W
a pw"b*,Ono stn00 Main Street aoemfl 1
D crty W lawn. e.D od by toe 6 t W iLS
tuntington Beach, California 92648 -�L6- 9
OO a of Issue (chech box(es)that applies)7 Check box if bonds are tax or other revenue anticipation bonds D 0 bUQ Price
0 Check box if bonds are in the form of a tease or installment sale D ❑
0 ❑ Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
IlO ❑ bQalth and hospital . . . . . . . . . . . . . . . . . . . . . . . . . . .
21 ❑ YransporUtion . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12 ® Public safety . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13 l❑ Environment(including sewage bonds) . . . . . . . . . . . . . . . . . . . .
24 Housing . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . .
is ❑ utilities . . . . . . . . . . . . .
aG ® other. Describe(we instructions)D City of Hunt n ton Beaeha Assessme t 1, 653 904. 59
District No. 88-1 (Reservoir Hill)
10)MOMI Description of Bonds
(a) (o) f�
O (o) M (e) stotoo rtreemptron naarttod V) mtar>Zst
moturrty date Interest rote Issue Dace ce at n'.aturn x oraro motuntr V�iC cos;
17 Final maturity — — ,
13 Entire Issue . j;i;;;;;%(i/�/ii 1f/;%"�/. %i%i%j�/,%%.:::,� y 7V F�• J 7 V 1 s s - � o
�3(bI uses of Original Proceeds of Issue (including underwriters'discount)
19 Proceeds used for accrued interest . . . . . . . . . . . . . . . . . . . 19
20 Proceeds used for bond issuance costs(including underwriters'discount) . . . . . . . . . . 2®
21 Proceeds used for credit enhancement . . . . . . . . . . . . . . . . . . . . 21 N
IA
22 Proceeds allocated to reasonably required reserve or replacement fund . . . . . . . . . . 22 99 , 234. 27
23 Proceeds used to refund prior issues . . . . . . 23 N/A
24. Wonrefundin proceeds of the issue(subtract lines 20.21.22.and 23 from line 1B.column Ic)) 24 , 189 , 445M
G} 3C? Dow-1 Lion of Refunded Bonds(complete this part only for relundin bonds
25 Enter the rernainirtS weighted average maturity of the bonds to be refunded . . . . D year'
26 Enter the last date on which the refunded bonds will be called . . . . . . . . . . . . . D
27 Errter the Wks)the refunded bonds were Issued D
i�e� C,�ii�eQUafleous
2G Enter the amount(if any)of the state volume cap allocated to this issue . . . . . . . . . . D
29 Arbitrage rebate.
a Check box if the small governmental unit exception to the arbitrage rebate requirement applies . . . . . . . . . . . . r
b Check box if the 6-month temporary Investment exception to the arbitrage rebate requtremen;is expected to apply . . . . . f
e Check box if you expect to earn and rebate arbitrage profits to the U.S . . . . . . . . . . .
30 Enter the amount of the bonds designated by the issuer unde, sectior•265(b)(3XB)(It) . . . . . D NSA
31 Pooled financings' _
a Check box if any of the proceeds of this issue are to be used to make loans to other governmental units D ❑ and
enter the amount D
O b Check box if this issue is a loan made from the proceeds of another tax-exempt issue D ❑ and enter the name of the
issuer D and the date of the issue D
LprOer parch es of gxrlury.I az.we that I nave e•ominm this return one accompanying SCnaow"orto stotements ono to the b*&I of my anoarecge one wtiei.
Please tp*)ore irks.eprrat't.one compteie
Slul 1-26-89 D City Treasurer
Were D Sgnotwe of officer Date Title
For Papenzarh Reduction Act Flotice. age page 1 of the Inatructions. RsrrP 9038-G (:2-aE
II
$1,653,904.59
• CITY OF HUNTIN7XV BEACH
ASSESSMENT DISTRICT NO. 88-1
(RESERVOIR HILL)
LIMITED OBLIGATION IMPWVEMENT BONDS
(THE 11BOtW")
SIGNATURE AND TEA-LITIGATION CERTIFICATE
We, Donald Watson and Connie Brockway, as CITY TREASURER and CITY CLERK,
respectively, of the CITY OF HUNTINGTON BEACH, CALIFORNIA, hereby certify that
we signed and executed the above described Bonds issued by said City.
Said City has conducted proceedings pursuant to the "Municipal Improvement Act
of 1913", (Division 12 of the Streets and Highways Code of the State of
California) , said Assessment District being designated as ASSESSMENT DISTRICT
NO. 88-1 (RESERVOIR HILL).
Said City has issued Bonds pursuant to the provisions of the "Improvement Bond
Act of 1915", being Division 10 of said Code, in order to finance and pay for
the costs and expenses for said Assessment District.
Said Bonds bear interest from their date to their maturity at rates of not to
leiexceed eight and one-tenth percent (8.10%) per annum, with interest payment
dates being on March 2nd and September 2nd, as set forth by law.
We hereby certify that the signature on each of said Bonds is the true and
proper signature for the execution thereof.
We further certify that said Bonds have been in all respects duly executed
pursuant to law; that the proceedings or records which have been certified to
the purchasers of the Bonds or to the attorney approving the same, have not
been repealed, amended or changed in any manner, except as shown by the proofs
furnished; and that there has been no material change in the facts affecting
the Bonds, except as shown by proofs so furnished.
We further certify that there is no controversy or litigation now pending
concerning the organization of said City, or our right to our offices, or the
levy or collection of assessments to pay the principal and interest of the
Bonds, or in any manner questioning our right to issue said Bonds, or otherwise
questioning the validity thereof.
Executed this 26th day of January , 1989 at Huntington Beach , California.
CITY TREASURER
CITY OF HUNTING70N BEACH
STATE OF CALIFORNIA
ITY CLERK
CITY OF HUNTINGTON
STATE OF CALIFORNIA
$1,653,904.59
CITY OF HUNTIIG ON BEACH
ASSESSMENT DISTRICT NO. 88-1
(RESERVOIR HILL)
LIMITED OBLIGATION IMPROVEMENT BONDS
(THE "BONDS")
NON-ARBITRAGE CERTIFICATE
I, Donald Watson, hereby CERTIFY as follows:
1 . I am the duly appointed and acting Treasurer of the CITY OF HUNTINGTON
BEACH, CALIFORNIA ("City").
2. The City has conducted proceedings pursuant to the provisions of the
"Municipal Improvement Act of 1913", being Division 12 of the Streets anti
Highways Code of the State of California, and has issued the above
referenced Bonds pursuant to the provisions of the "Improvement Bond Act of
1915", being Division 10 of said Code, in an Assessment District (mown and
+ designated as ASSESSMENT DISTRICT NO. 88-1 (RESERVOIR HILL) .
3. THE FOLLOWING IS ALL TRUE AND CORRECT AS IT RELATES TO SAID ASSESSMENT
DISTRICT:
A. All Bonds are being delivered to the purchaser, Stone & Youngberg, on
the date indicated below.
B. Except as specified in 3.C. below, the Bonds are being issued for the
purpose of financing the costs and expenses necessary and incidental
for the construction of certain public improvements to be owned and
operated by the City, together with appurtenances and acquisition where
necessary, in the referenced assessment district, and the funding of
the Special Reserve Fund.
C. Except as specified immediately hereinafter, the improvements consist
of facilities that provide essential governmental functions, such as
municipal water facilities, all of which are to be owned by public
agencies (the "Project"). Less than five percent (5%) of the bond
proceeds shall be utilized to finance improvements to be owned by an
entity other than a public entity.
D. The construction of the improvements will comience on or about the date
of this Certificate, and proceed with due diligence to completion
pursuant to the contracts as awarded for these proceedings. It is
expected that the construction of said improvements will be completed
within three (3) years thereafter.
E. The original proceeds of the Bonds sold, plus cash collections, and
plus anticipated investment earnings thereon, do not exceed the amount
necessary for the purposes stated herein.
F. All interest earned on the amounts in the Improvement Fund will be
expended within three (3) years of receipt of bond proceeds.
i
i G. The payment of the principal and interest on the Bonds will be derived
from the levy and collection of assessments placed on the properties in
the Assessment District in accordance with the proceedings contained in
the "Municipal Improvement Act of 1 1913", being Division 12 of the
Streets and Highways Code of the State of California. The assessments
are of general application, will be levied on all property within the
Assessment District, and represent mandatory assesments based upon the
special benefit that each parcel is deriving from the Project.
tl. The City as determined that the establishment of a Reserve Fund in the
amount of $99,234.27, being approximately 6% of the original principal
amount of the Bonds, is reasonable and necessary in order to ensure the
timely payment of debt service on the Bonds. - The initial deposit to
the Reserve Fund is less than 10% of the aggregate principal amount of
the Bonds, maximum annual debt service, and 125% of average annual debt
service on the Bonds. If at any time the amount of interest earnings
on monies in the Reserve Fund, exceeds an amount equal to 10% of the
aggregate principal amount of the Bonds, or such other maximum as
authorized by Section 148 of the Internal Revenue Code of 1986 (the
"Code") and the regulations promulgated thereunder, such excess will be
transferred to the Redemption Fund, and expended for the advance
retirement of Bonds within 13 months of the date of occurrence of such
excess.
I. The Redemption Fund will be used primarily to achieve a proper matching
of revenues and debt service on the Bonds each year and will be fully
depleted at least once a year except for a reasonable carry-over amount
not to exceed the greater of one year's earnings on the Redemption Fund
.or 1/12 of the annual debt service on the Bonds. Amounts contributed
to the Redemption Fund will be spent within 13 months of the date of
such deposit. Accordingly, amounts in the Redemption Fund may be
invested at a yield in excess of the yield on the Bonds.
J. No other governmental obligations are being issued at substantially the
same time and/or sold pursuant to a common plan of financing that will
be paid out of or have substantially the same claim to be paid out of
substantially the same source of funds as the Bonds. No portion of the
proceeds of the Bonds will be used to replace other funds of the
Assessment District available for the financing of the Project.
K. The only sinking funds with respect to the Bonds are the Reserve Fund
and the Redemption Fund. The City does not expect to create or
establish any other sinking or similar fund with respect to the Bonds.
No other amounts in any other accounts or funds of the City are
reserved or pledged exclusively for debt service on the Bonds and it is
not expected that any such other accounts or funds will be so used nor
is there any reasonable assurance that any portion of such other
accounts or funds will be available for debt service if the City were
to encounter financial difficulty. No amounts in any other accounts or
funds, taking into account other planned or committed projects, are
available for expenditure on the costs of the Project.
L. Pursuant to the provisions and covenants of the City contained in the
Bond Indenture approved by the City Council on December 19, 1988, all
. interest earnings on the investment of the bond proceeds or any portion
thereof will be transferred and distributed in accordance with the
"Arbitrage Rebate Instructions" incorporated into said Indenture in
order to ensure the continuing exemption of interest on the Bonds from
Federal income taxation.
i
I '
4. On the basis of the foregoing facts, estimates and circumstances, it is not
expected that the proceeds of the sale of Bonds, including the Special
Reserve Fund, will be used in a manner that would cause the Bonds to be
"arbitrage bonds" within the meaning of Section 148 of the Internal
Revenue Code, and the regulations of the Internal Revenue service
thereunder. To the best of the knowledge and belief of the undersigned,
there are no other facts, estimates or circumstances that would materially
change such expectations.
5. No notification has been made to this issuer by the Internal Revenue
Service that any arbitrage certificate or covenant may not be relied upon.
EXECUTED this 26th day of January , 1989, at Huntington Beach ,
California.
,I
TREASURER
CITY OF HJNTTIISZnN BEACH
STATE OF CALIFORNIA
$1,653,904.59
CITY OF HUNTINGZCN BEACH
ASSESSMENT DISTRICT NO. 88-1
(RESERVOIR HILL)
LIMITED OBLIGATION IMPROVEMENT BONDS
(THE 11BONDS11)
UNDEFteiTER'S CLO6IW CERTIFICATE
The undersigned hereby certifies as follows:
1 . I am a representative of Stone & - Youngberg and am duly authorized to
execute this Certificate on behalf of Stone & Youngberg.
2. Stone & Youngberg was the initial purchaser of the above described Bonds
and the Bonds were subsequently reoffered to the public, and a substantial
I
amount thereof. (at least 10%j'sold,.at prices not greater than par.
3. The underwriter hereby provides the following information to assist the
City of Huntington Beach in the preparation of the Internal Revenue Form
j 8038-G, Information Return for Tax-Exempt Governmental Bond Issues, for the
j Bonds:
A. The "issue price" (reoffering price to the public) for the final
maturity of the Bonds is: $ 160,000
B. The "issue price" (reoffering price to the public) of the entire issue
of the Bonds is: - $ 1,653,904.59 .
C. The weighted average maturity for the,Bonds (the sum of the products of
the issue price for each maturity and the number of years to maturity
(determined separately for each maturity , and by taking into account
mandatory redemptions) -divided by the product of the issue price for
the entire issue) is: 13.75 years.
D. The net interest• cost for the Bonds (the total interest payments for
the entire Bond issue (reduced by any premium or accrued interest and
increased by any discount) divided by the product of the issue price
for the entire issue, ' and the weighted average maturity) is:
8.149%.
E. The "yield" on the Bonds for purposes of Section .148 of the Internal
Revenue Code of 1986 is: 7.9081 $.
4. It is the' opinion of the underwriter that; the establishment of the Reserve
Fund and the maintenance of : the. •Reserve Fund at an amount equal- to the
Reserve Fund Requirement 'as, specified- In the Bond Indenture is 'reasonably
required for the purposes for .which. the. Reserve Fund has been established.
Executed this 26th 'day of January, at Huntington Beach, California.
STONE & YOUNGBEAG
By:
1.
$1,653,904.59
CITY OF HUNTIW7 N BEACH
ASSESSMENT DISTRICT NO. 88-1
(RESERVOIR HILL)
LIMITED OBLIGATION IMPROVEMENT BONDS
(THE "BONDS")
INSTRUCTIONS TO FISCAL AGENT
TO.- BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION
555 South Flower Street, 5th Floor
Los Angeles, California 90071
As FISCAL AGENT of the CITY OF _ HUNTINGTON BEACH ("City"), you are hereby
instructed as follows:
1 . To receive and accept funds representing the proceeds from the sale of
above referenced Bonds issued by the City, dated January 17, 1989, in the
net arount of $1,615,797.07.
2. 7b establish the funds and apply said proceeds as follows:
A. IMPROVEMENT FUND: This fund is to be funded in the sum of
•�', $1,513,322.71 .
B. REDEMPTION FUND: This fund is to be funded in the sum of $3,240.09,
representing accrued interest on the sale of the Bonds.
C. SPECIAL RESERVE FUND: This fund is to be funded in the sum of
$99,234.27.
3. To invest the funds on deposit in the aforementioned funds in accordance
with any written instructions provided by the City and the Indenture for
the Bonds.
4. 4b pronptly report to the Treasurer of the City that the dispositiopf 71, the
funds has been accomplished in accordance with these instructions.
EXECUTED this 26th day of January, 1989, at Huntington Beach, California.
A0,0se
TREASURER
CITY OF HUNTINGTON EEACH
STATE OF CALIFORNIA
s ��
$1,653,904.59
• CITY OF HUMINCTION BEACH
Assessment District No. 88-1
(Reservoir Hill)
CERTIFICATE OF FISCAL AGENT
THE UNDERSIGNED, PANK OF AMERICA NATIONAL 'TRUST PJ\D SAVINGS ASSOCIATION,
as Fiscal Agent under The Bond Indenture dated December 19, 1988 (herein called
the "Indenture") , authorizing the issuance of $1,653,904.59 principal amount of
the City of Huntington Beach, Assessment District No. 88-1 (Reservoir Hill)
(the "Bonds") , HEREBY CERTIFIES as follows:
1. Pursuant to the certificates of thie Agency dated the date hereof,
authorizing and directing the undersigned, among other things, to authenticate
and deliver Bonds, the Bonds were authenticated by authorized officers of the
undersigned and delivered to or upon the order of the City of Huntington Beach
to Stone & Youngberg, the purchasers thereof.
2. That the duties of the Fiscal Agent under the Resolution were
accepted on behalf of Bank of America National Trust and Savings Association,
as Fiscal Agent, by the person or persons whose name and office appear below
and that said persons were at the time of the acceptance of the duties of
Fiscal Agent and now are, duly elected, qualified and acting incumbents of
office and the signatures appearing after their names are true and correct
• I'' specimens of their genuine signature.
Robert Schneider ���
Assi:;tunt vice President
I Neil Barr
Trust Officer
3. Attached hereto as Exhibit A is a true and correct copy of the
Resolutions as adopted by the Board of Directors of Bank of America National
Trust and Savings Association, which at the date hereof are still in full force
,I
and effect, giving the requisits authority of said officers.
IN WITNESS WEREOF, the undersigned has hereunto set her hand this 26th
day of January, 1989.
BANK OF' AMERICA NATIONAL TRUST AND
SAVINGS ASSOCIATION
• � _
Assist t Secre ary
- r
Board of Directors June 7 , 1976
Bank of America NT&SA Amended :
February 61 1978
December 1 , 1980
April 21 , 1981
December 5 , 1983
June 4, 1964
October 1 , 1984
June 3, 1985
June 2, 1986
December 7, 1997
RESOLUTION AUTHORIZING CERTAIN OFFICERS OR EMPLOYEES
TO PERFORM CERTAIN ACTS ON BEHALF OF THIS ASSOCIATION
ACTING IN A FIDUCIARY OR REPRESENTATIVE CAPACITY
RESOLVED, that any one of the following officers or
employees of this association :
the President
the Chairman of the Board of Directors
the Chairman of the Executive Committee
the Senior Vice Chairman of the Board of Directors
any Vice Chairman of the Board of Directors
any Vice Chairman
• any Executive Vice President
any Senior Vice President
any Regional Vice President
any Group Vice President
any Vice President
any Acting Manager
any Administration Officer
any Agricultural Management Officer
any Landman or Land Representative
any Assistant Cashier
any Assistant Manager
any Assistant Operations Manager
any Assistant Secretary
any Assistant Trust Officer
any Assistant Vice President
the Cashier
any Deputy Cashier
the Financial Controller
the Director of Mortgage Banking
any Corporate Banking Officer
any Corporate Finance Officer
any Division Controller
any Director , Private Banking Office
any Employee Relations officer
any Investment Officer
•
0038s ( 8 )
any Leasing Officer
any Manager
any Manager , Bank Related Securities
any Manager, Customer Services
any Manager, Government Securities
any Manager , Securities Custody and Clearance
any Manager , Trading and Underwriting
any Sales Manager - Municipal securities
any Senior Account Executive
the Secretary
any Senior investment Officer
any Senior Leasing Officer
any Senior Portfolio Manager
any Senior Property Management Officer - Trust
any Senior Securities Officer
any Senior Trust Officer
any Senior Underwriter
any Trust Officer
any Executive Financial Estate Planner
the Head, Executive Financial Counseling
any Senior Financial Counselor
any Financial Counselor
any Senior Analyst
any Senior Financial Counseling Officer/Planning and
Accounting
any Senior Financial Counseling Officer/Investment
Management Supervising Analyst , or
• f any other officer or employee of this association
specifically designated by the Board of Directors , the
. Executive Committee, the President or the Executive
Vice President-Personnel Administration of the
association;
is authorized, where this association is acting or to act in a
fiduciary or representative capacity, to execute any Indenture ,
Agreement of Trust , Mortgage Deed of Trust, or other instrument
under which certificates of beneficial interest, voting trust
certificates , certificates of deposit for bonds , stocks , notes
or debentures, interim receipts, collateral trust notes , bonds ,
debentures , participation certificates, mortgage notes ,
equipment trust certificates or other evidences of indebtedness
are or are to be outstanding ;
RESOLVED FURTHER, that each of the above officers or
employees of this association is authorized where this
association is acting in a fiduciary or representative capacity
to countersign certificates of stock for which this association
• -2-
0038s
ti
is Registrar or Transfer Agent and to execute , countersign,
authenticate or certify certificates, certificates of deposit
for bonds , stocks, notes or debentures , interim receipts ,
collateral trust notes , bonds, debentures, participation
certificates , mortgage notes or other evidences of indebtedness ;
RESOLVED FURTHER, that o,-ich of the .above persons is
authorized to sign as "authorized officer " in any of the
matters referred to herein;
RESOLVED FURTHER, that this resolution supersedes that
certain resolution adopted by this: Board of Directors on the
3rd day of May, 1976, naming the officers or employees of this
association authorized to act pursuant to the authority above
set forth .
I , M. Lee, Assistant Secretary of Bank
of America National Trust and Savings Association, a national
banking association existing under the laws of the United States
of America , having its principal place of business in the City and
County of San Francisco in the State of California, certify that
this resolution is a correct copy of a resolution adopted by the
Board of Directors in accordance with the bylaws at a meeting held
on .Tune 7 , 1976, and amended at meetings held on February 6, 1978 ,
December 1 , 1980, April 21 , 1981 , December 5, 1983, June 4 , 1984 ,
• October 1 , 1984 , June 3, 1985, and June 2 , 1986 . This resolution
is still in effect .
Assistant ` Secretary
t,:•.NK OF AMERICA NATIONAL TRUST
AND SAVINGS ASSOCIATION
Dated : January 26, 1989
-3-
0038s
S
LAW OFFICES
y BROWN & DIVEN
�. F. MACKENZIE BROWN
WARREN B. DIVEN
DANIEL S. HENTSCHKE
ROBERT A. OWEN
LEGAL OPINION
CITY OF HUNTINGTON BEACH
ASSESSMENT DISTRICT NO. 88-1
(RESERVOIR HILL)
1915 ACT LIMITED OBLIGATION IMPROVEMENT BONDS
BOND DATE: JANUARY 17, 1989
We have examined the record of the proceedings of the CITY COUNCIL of the CITY OF
• I HUNTINGTON BEACH, CALIFORNIA (the "Agency") , for the levy of special assessments
,l and 'authorization and issuance of bonds upon unpaid assessments (the "Bonds") in
what' is known and designated as ASSESSMENT DISTRICT NO. 88-1 (RESERVOIR HILL) as
set ,forth and described in a Resolution of Intention, being Resolution No. 5926, as
approved and adopted by the City Council Of said Agency.
Said proceedings were had and taken 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, with Bonds issued pursuant to the provisions of the
"Improvement Bond Act of 191511, being Division 10 Of said Code. This examination
icovers said proceedings down to and including the issuance and execution of said
Bond' by the Treasurer. No examination has been made of the ownership and use of
the property assessed.
Said . Bonds, in the total principal amount of $1,653,904.59, are dated, the 17th day
i of January, 1989, and are issued in denominations of $5,000.00, or any integral
multiple thereof, except for one Bond maturing in the first year of maturity which
includes the amount by which the total issue exceeds the maximum integral multiple
of $5,000.00 contained therein. Said Bonds are issued in registered form as to
both .principal and interest and are payable to the registered owner thereof out of
the redemption fund for the payment Of said Bonds at the office of the designated
paying agent, with the first interest installment payable on March ,2, 1990, and
interest thereafter payable semiannually on September 2nd and March 2nd of each
year with principal maturing on September 2nd of each subsequent year until paid.
12770 HIGH BLUFF DRIVE, SUITE 240 IB CORPORATE PLAZA,'NEWPORT CENTER
SAN DIEGO, CALIFORNIA 92130 NEWPORT BEACH, CALIFORNIA 92660
TELEPHONE (6191 456-1915 TELEPHONE (714) 551-1915
FACSIMILE (619) 259-0292 - FACSIMILE (714) 759-1934
- I
LAW OFFICES
BROWN & DIVEN
•
LEGAL OPINION
CITY OF HUNTINGTON BEACH
ASSESSMENT DISTRICT NO. 88-1
(RESERVOIR HILL)
PAGE TWO
From such examination, we are of the opinion that said proceedings have been taken
in accordance with the laws, court decisions and , Constitution of the State of
California, and in substantial compliance with the provisions of the "Municipal
Improvement Act of 1913", and that said Bonds, having been issued in duly
authorized form and executed by the proper officials and delivered in the manner
provided by law, are regularly issued Bonds, and that the payment of each of said
Bonds is secured by a valid assessment lien upon certain lands as described in said
assessment. In the event of default in the payment of any installment of principal
or interest, the land securing such installments and assessments shall be sold in
the same manner in which real property is sold for the non-payment of general
property taxes, and shall be subject to redemption in the same manner and to the
same extent that real property may be redeemed.
The Agency is not obligated in any way to advance available funds from the General
Treasury to cure any deficiency which may occur in the redemption fund and is not
• .,I obligated to become a purchaser at any tax sale, and the only advancement of funds
shall be from the special reserve fund.
There has been included in the bond issue a "special reserve fund", from which
funds will be advanced to the redemption fund to assist in the payment of
delinquent assessments, and said monies will also be used to assist in the
discharge of assessments.
As a cumulative remedy, if any assessment or installment thereof is not paid, the
legislative body has ordered that the same be collected by an action brought in the
Superior Court to foreclose the lien thereof. The court shall have' the power to
decree a lien against the lot or parcel covered by the assessment and shall order
the premises to be sold on execution as in other cases of the sale of real
property.
The rights of the owners of the Bonds and the enforceability thereof may be subject
to bankruptcy, insolvency, reorganization and other similar laws affecting
creditors' rights, or equitable principles relating to or limiting creditors,
rights.
The Bonds, or a portion thereof if issued in denominations greater than $5,000.00,
shall be subject to redemption and payment in advance of maturity in increments of
$5,000.00 as provided in Section 8768 of the Act, on the second day of March or
September in any year by giving the notice provided in said law to the registered
• '.!. owner thereof at his address as it appears on the registration books of the Agency
.. and by paying principal of and accrued interest on such redeemed amount, together
' with a premium equal to three percent (3%) of the redeemed principal amount. If
less than an entire Bond is redeemed, the unredeemed portion shall be reissued to
the registered owner thereof.
I
LAW OFFICES
BROWN & DIVEN
•
LEGAL OPINION
CITY OF HUNTINGTON BEACH
ASSESSMENT DISTRICT NO. 88-1
(RESERVOIR HILL)
PAGE THREE
In our opinion, the interest on said Bonds is excluded from gross income for
Federal income tax purposes and is not an item of tax preference for purposes of
the Federal alternative minimum tax imposed upon individuals and corporations; it
should be noted, however, that for the purpose of computing the alternative
minimum tax imposed .on corporations (as defined for Federal income tax purposes) ,
such interest is taken into account in determining adjusted net book income
(adjusted current earnings for taxable years beginning after December 31, 1989) .
This opinion presumes that the Agency complies with all requirements of the
Internal Revenue Code of 1986 that must be satisfied subsequent to the issuance of
the; Bonds in order that interest thereon be, or continue to be, excluded from gross
income for Federal income tax purposes. The Agency has covenanted to comply with
each such requirement. Failure to comply with such requirements may cause the
inclusion of interest on the Bonds in gross income for Federal income tax purposes
to be retroactive to the date of issuance of the Bonds.
• In our opinion the interest on the Bonds is exempt from personal income taxation by
the State of California.
Respectfully submitted,
BROWN & DIVEN
•
LAW OFFICES
BROWN & DIVEN
F. MACKENZIE BROWN
WARREN B. DIVEN
DANIEL S. HENTSCHKE
ROBERT A. OWEN
January 26, 1989
SUPPLEMENTAL LEGAL OPINION
a
STONE & YOUNGBERG
15260 Ventura Blvd., #310
Sherman Oaks, California 91403
RE: $1 ,653,904.59
CITY OF HUNTINGTON BEACH
ASSESSMENT DISTRICT NO. 88-1
(RESERVOIR HILL)
LIMITED OBLIGATION IMPROVEMENT BONDS
I (THE "BONDS")
This is to certify that we have conducted the proceedings of the City Council,
of the CITY OF HUNTINGTON BEACH, CALIFORNIA ("City"), for the levy of special
assessments and the authorization for and issuance of the above referenced
Bonds upon unpaid assessments in what is known and designated as ASSESSMENT
DISTRICT NO. 88-1 (RESERVOIR HILL) , as set forth and described in a Resolution
of Intention, being Resolution No. 5926, as approved and adopted by the CITY
COUNCIL of said CITY on September 19, 1988.
I
Said proceedings were had and taken 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. The Bonds in the principal amount of
$1 ,653,904.59 were issued as serial bonds pursuant to the provisions of the
"Improvement Bond Act of 1915", being Division 10 of said Code.
We have reviewed the Indenture, dated December 19, 1988, of the City for the
Bonds ("Indenture"), the purchase agreement by and between the City and
Stone & Youngberg ("Purchase Contract"), the Final Official Statement for the
Bonds ("Official Statement") and such other statutes, regulations, judicial
decisions, information and documents as we considered necessary to render this
opinion. The capitalized words used herein shall have the same meanings as set
forth in the Purchase Contract unless specified otherwise herein.
1 . The Bonds are exempt from the registration under the "Securities Act of
1933", as amended, and the Indenture is exempt from qualification under the
"Trust Indenture Act of 1939", as amended; and
12770 HIGH BLUFF DRIVE, SUITE 240 18 CORPORATE PLAZA, NEWPORT CENTER
SAN DINGO, CALIFORNIA 92130 NEWPORT BEACH, CALIFORNIA 92660
TELEPHONE (619) 456-1915 TELEPHONE (714) 551-1915
FACSIMILE (619) 259-0292 FACSIMILE (714) 759-1934
2. Nothing has come to our attention to lead us to believe that the Official
Statement (excluding therefrom the financial statements and the statistical
data included in the Official Statement, as to which no opinion is
expressed) contains an untrue statement of a material fact or omits to
state a material fact required to be stated therein or necessary to make
the statements therein, in light of the circumstances under which they were
made, not misleading.
Respectfully submitted,
BROWN & DIVEN
FMB/tja
I
i
i
f
LAW OFFICES
BROWN & DIVEN
F. MACKENZIE BROWN
WARREN B. DIVEN
DANIEL S. HENTSCHKE
ROBERT A. OWEN
January 26, 1989
Stone & Youngberg
15260 Ventura Blvd. , #310
Sherman Oaks, California 91403
RE: CITY OF HUNTINGTON BEACH
ASSESSMENT DISTRICT NO. 88-1
(RESERVOIR HILL)
Gentlemen:
This is to certify that we conducted the proceedings for the above-referenced
Assessment District, and upon completion thereof, issued an Opinion attesting
to the validity of the proceedings and enforceability of the bonds, said bonds
being issued 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, with the proceedings having been conducted pursuant to the terms
• and provisions of the "Municipal Improvement Act of 1913", being Division 12 of
said Code. Said assessment district is known and designated ASSESSMENT
DISTRICT NO. 88-1 (RESERVOIR HILL).
As underwriter of the issue, you may rely upon all statements contained in said
opinion in the same manner as if said opinion were addressed to you. A copy of
said opinion has been printed on each bond.
Very truly yours,
BROWN .& DIVEN
12770 HIGH BLUFF DRIVE, SUITE 240 16 CORPORATE PLAZA, NEWPORT CENTER
SAN DIEGO, CALIFORNIA 92130 NEWPORT BEACH, CALIFORNIA 92660
TELEPHONE (619) 456-1915 TELEPHONE (7141 551-1915
FACSIMILE (619) 259-0292 FACSIMILE (7141 759-1934