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HomeMy WebLinkAbout2015-030 - Assessmnet District No. 2015-01RESOLUTION NO. 2015 -030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA DECLARING INTENTION TO ORDER THE ACQUISITION OR CONSTRUCTION OF CERTAIN IMPROVEMENTS IN PROPOSED ASSESSMENT DISTRICT NO. 2015 -01 (WARNER INDUSTRIAL COMMUNITY); DECLARING THE IMPROVEMENTS TO BE OF SPECIAL BENEFIT; DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF; AND PROVIDING FOR THE ISSUANCE OF BONDS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares that 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 acquisition or construction of certain public improvements, together with appurtenances and appurtenant work, in a special assessment district known and designated as Assessment District No. 2015 -01 (Warner Industrial Community) (the "Assessment District "). Section 2. The Improvements. The improvements proposed to be financed through the levy of assessments on properties within the Assessment District are described in Exhibit A attached hereto and incorporated herein by this reference, and appurtenances and appurtenant work, all necessary for and to specially benefit properties within the boundaries of the Assessment District (collectively, the "Improvements "). The description of the Improvements contained in this Resolution is general in nature and the plans and profiles of the Improvements as contained in the Engineer's Report (defined below) shall be controlling as to the correct and detailed descriptions thereof. All of the Improvements to be acquired or constructed are to be installed at the places and in the particular locations, and to the sizes, dimensions and materials, to the lines, grades and elevations as shown and delineated upon the plans, profiles and specifications, all to be made a part of the Engineer's Report. Rights -of -way and easements, if any, required for the Improvements shall be shown upon the plans referred to herein and to be filed with these proceedings. Section 3. Description of Assessment District. The Improvements confer special benefit on the properties within the Assessment District. This legislative body hereby determines that the expenses of the acquisition or construction of such Resolution No. 2015 -030 Page 1 of 8 Improvements which reflect the special benefit to be conferred on the properties within the Assessment District from such Improvements are chargeable upon such properties. Such properties are described as follows: All of that certain territory in the proposed Assessment District included within the exterior boundary lines shown on the map exhibiting the property specially benefited and proposed to be assessed to pay the expenses of the acquisition or construction of the Improvements described above, such map entitled "Proposed Boundaries of Assessment District No. 2015 -01 (Warner Industrial Community)," a copy of which is attached as Exhibit B to this Resolution. Section 4. Report of the Assessment Engineer. The proposed Improvements are hereby referred to Psomas, (the "Assessment Engineer ") who is hereby directed to make and file a report as required by the Improvement Act, Article MID of the Constitution of the State of California and the Omnibus Proposition 218 Implementation Act (Government Code Section 53750) (collectively "Assessment Law ") such report to be in writing and contain the following: A. A description of the Improvements; B. Plans and specifications of the Improvements sufficient to show or describe the general nature, location and extent of the Improvements; C. An estimate of the cost of the acquisition or construction of the Improvements, including the cost of the incidental expenses, in connection therewith; D. A diagram showing, as the same existed at the time of passage of this Resolution of Intention, the following: 1. the exterior boundaries of the Assessment District and any benefit areas therein; 2. the lines and dimensions of each parcel of land within the Assessment District and the Benefit Areas therein, if any; provided, however, such diagram may refer to the county assessor's maps for a detailed description of such lines and dimensions, in which case such maps shall govern for all details concerning such lines and dimensions; and E. A proposed assessment of the total amount of the costs and expenses of the proposed Improvements upon the several divisions of land in the Assessment District and the benefit areas therein, if any, in proportion to the estimated special benefits to be conferred on such subdivisions, respectively, by such Improvements. Such assessment shall refer to such subdivisions upon such diagram by the respective numbers thereof. Resolution No. 2015 -030 Page 2 of 8 F. A proposed maximum annual assessment upon each of the several subdivisions of land in the district to pay the costs incurred by the City and not otherwise reimbursed which result from the administration and collection of assessments or from the administration or registration of any associated bonds and reserve or other related funds. When any portion or percentage of the assessable costs and expenses of the construction of the Improvements is to be paid from sources other than assessments, the amount of such portion or percentage shall first be deducted from the total estimated costs and expenses of such construction, and such assessment shall include only the remainder of the estimated costs and expenses. Section 5. Financing of the Improvements. NOTICE IS HEREBY GIVEN that the City proposes to finance the cost of the Improvements, including the cost of the incidental expenses, in connection therewith through the issuance of bonds (the "Improvement Bonds ") pursuant to the "Improvement Bond Act of 1915" (the 'Bond Act'), Division 10 of the Streets and Highways Code of the State of California. The payment of the debt service on the Improvement Bonds shall be secured by the unpaid assessments within the District or the Benefit Area for which such series of the Improvement Bonds have been issued pursuant to the provisions of the Improvement Act and the Bond Act. The provisions of Part 11.1 of the Bond Act, providing an alternative procedure for the advance payment of assessments and the calling of bonds shall apply to the Improvement Bonds. The principal amount of each series of the Improvement Bonds maturing each year shall be other than an amount equal to an even annual proportion of the aggregate principal of such series, 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 Improvement Act and specifically Streets and Highways Code Section 10603, the Treasurer is hereby designated as the officer to collect and receive the assessments during the cash collection period. Section 6. Assessment Law. Except as may otherwise be provided for in the issuance of the Improvement Bonds described above, all of the Improvements shall be constructed pursuant to the provisions of the Assessment Law. Section 7. Surplus Funds. If any excess shall be realized form 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 Dollars ($1,000.00) or five percent (5 %) of the total from the Improvement Fund; Resolution No. 2015 -030 Page 3 of 8 B. As a credit upon the assessment and any supplemental assessment; C. For the maintenance of the Improvements; or D. To call Improvement Bonds. Section 8. Improvement Fund. The legislative body hereby establishes a Special Improvement Fund identified and designated by the name of this Assessment District, and into such Fund monies may be transferred at any time to expedite the acquisition or construction of the Improvements, 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 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: FRED MOUSAVIPOUR EXECUTIVE DIRECTOR PUBLIC WORKS AGENCY CITY OF SANTA ANA 20 CIVIC CENTER PLAZA (M -21) SANTA ANA, CALIFORNIA 92701 (714) 647 -5662 Section 11. Public Property. All public property shall be subject to assessment in these proceedings unless otherwise expressly provided and listed herein. Section 12. Acquisition. The public interest, convenience and necessity requires that certain land, rights -of -way or easements be obtained in order to allow the Improvements as proposed for this Assessment District to be accomplished. The Engineer's Report, upon adoption, shall set forth general description of the location and extent of easements and /or land necessary to be acquired. Section 13. Contribution. The City of Santa Ana intends to provide a contribution of revenues, not otherwise prohibited by law, to the acquisition and construction of the Improvements and the payment of expenses incidental thereto. Section 14. No City Liability. This legislative body hereby declares not to obligate itself to advance available funds from the Treasury to cure any deficiency that may occur in the bond redemption fund. This determination is made pursuant to the authority of Section 8769(b) of the Streets and Highways Code of the State of Resolution No. 2015 -030 Page 4 of 8 California, and such determination shall further be set forth in the text of the bonds issued pursuant to the Bond Act. Section 15. Annual Administrative Assessment. It is hereby declared that this legislative body proposes to levy an annual assessment pursuant to Section 10204 of the Streets and Highways Code of the State of California, such annual assessment to pay costs incurred by the City and not otherwise reimbursed which result from the administration and collection of assessments or from the administration or registration of any associated bonds and their related funds. Section 16. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 7t" day of July, 2015. APPROVED AS TO FORM: Sonia R farvalho, City Attorney CiiV Attorney AYES: Councilmembers: Amezcua, Benavides, Martinez, Pulido, Sarmiento Tinaiero (6) NOES: Councilmembers: None (0) ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: Resolution No. 2015 -030 Page 5 of 8 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2015 -030 to be the original resolution adopted by the City Council of the City of Santa Ana on July 7, 2015. Date: 7 � Resolution No. 2015 -030 Page 6 of 8 ,- D. Clerk of the Council City of Santa Ana EXHIBIT A Description of the Improvements Reconstruction of street pavement, construction of curb ramps, repair of driveway approaches, sidewalks, curbs, & gutters, adjustment of surface utility frames & covers, and installation of pavement markings. Resolution No. 2015 -030 Page 7 of 8 t I ! r .: I )I rk* ov .jp JA joe 4. N A�' LEGEND BOLNDAW MAP OF PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT 2015-01 EXHW B 'age 8 of 8 T' 4-