HomeMy WebLinkAboutCC Res 2449 1975-06-23
"
62-002-l-A-l~aac)
6/5/75
...
I
RESOLUTION NO. '.;?c./<l9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY O~
SEAL BEACH, CALIFORNIA, DECLARING ITS INTENTION
TO ORDER THE INSTALLATION OF A CERTAIN SOUND
BARRIER WALL IMPROVEMENT CONSISTING OF EMBANKMENTS
AND WALL IMPROVEMENTS, APPURTENANCES AND APPURTENANT
WORK IN SEAL BEACH ASSESSMENT DISTRICT 74-1
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE AS FOLLOWS:
I
S'ection 1. "Improvement. That the public interest,
convenience and necessity require, and it is the intention of
the City Council of the city of Seal Beach, pursuant to the
provisions of the Municipal Improvement Act of 19l3 (Division
12, California Streets and Highways Code) to order the
acquisition and installation of the following described im-
provement and the acquisition of land, rights-of-way, and
easements necessary therefor, all in the City of Seal Beach,
California, described as follows:
The acquisition and installation of a sound barrier
wall improvement consisting of embankments and wall
improvements, together with appurtenances and
appurtenant work, including, without limitation, the
planting of ornamental vegetation, and the mainten-
ance o~ servicing, or both, of such improvement, and
incidental costs and expenses in connection with the
acquisition and installation of such improvement.
Section 2. Assessment District, That the district
to be benefited by said improvement and to be assessed to pay
the costs and expenses thereof and to be known as Seal Beach
Assessment District 74-l shall be all that area of the City
of Seal Beach, California, having the exterior boundaries as
shown on a map of the district entitled "Proposed Boundary
of Seal Beach Assessment District 74-l", which map is on file
with the City Clerk of said City. Reference is hereby made to
said map for a full and complete description of the assessment
district and said map shall govern for all details as to the
extent of the assessment district.
I
Section 3. Public Property. That all public property
within the district being used in the performance of a public
.function-shall be omitted from the assessment hereafter to be
made to cover the costs and expenses of the work for the pro-
posed improvement. All public property which shall be omitted
from the assessment is shown on the above referenced map of
the proposed district as "Public Property Exempt From
Assessment" ,
Section 4. Bonds. That serial bonds to represent
unpaid assessments and to bear interest at the rate of not to
exceed eight percent (8i) per annum and to be secured by the
assessments which shall be made to, pay the cost and expenses of
the proposed work and improvement will be issued hereunder in
f
.
Resolution Number
.
~.
. .,
I
the manner provided by Chapter 7, Div~sion 12, California
Streets and Highways Code and the Improvement Bond Act of 19l5
(Division 10, California Streets and Highways Code.) The amount
of principal maturing in each year plus the amount of interest
payable in that year will be an aggregate amount that is equal
each year, except for moneys falling due on the first series of
the bonds which shall be adjusted to reflect the amount of
interest earned from the date when the bonds bear interest
to the date when the first interest is payable on the bonds, and
the last installment of such bonds shall mature a maximum of
twenty-four (24) years from the second day of July next
succeeding ten (lO) months from their date.
, Se'cti'on 5. Collection of Asse's'sments and Advance
Retirement of Bonds. That the procedures set forth in part
ll.l of Division lO of the Streets and Highways Code of the
State of California shall be followed in the collection of
assessments and advance retirement of bonds.
'Section 6. Report. That the proposed improvement
is hereby referred to the City Engineer of said City, and
that said Engineer is hereby directed to make and file with
the city Clerk a Report in writing presenting the following:
(a) Plans and specifications of the proposed
improvement;
I
(b) A general description of works or appliances
already installed and any other property necessary
or convenient for the operation of the improvement,
if the works, appliances, or property are to be
acquired as part of the improvement1
(c) An estimate of the cost of the improvement and of
the cost of rights-of-way, easements, and inci-
dental expenses in connection therewith1
I
(d) A diagram showing the assessment district above
referred to and the boundaries and dimensions
of the respective subdivisions of land within
said district as the same existed at the time
of the passage of this Resolution of Intention.
Each subdivision, including each condominium
interest as defined in Section 783 of the Civil
Code of the State of California shall be given
a separate number upon said diagram;
(e) A proposed assessment of the total amount of
the cost and expenses of the proposed improvement
upon the several subdivisions of land in said
district in proportion to the estimated benefits
to be received by said subdivisions, respectively,
from the said improvement. Said assessment shall
refer to such subdivisions by their respective
numbers as assigned pursuant to Subdivision (d) of
this Section 3.
, 'Section 7. Disposition of Surplus. That if, after
completion of the improvement and the payment of all claims
from the improvement fund this City Council shall determine
-2-
J\.-2
" "0
I
1
I
..
~
Resolution Number
.
.
that a surplus remains in the improvement fund by reason of
the assessment and any supplemental assessment levied for
said improvement, any such surplus shali be used as a credit
upon the assessment and any supplemental assessment, in the
manner provided in Section l0427.l of the California Streets
and Highways Code.
Section 8. Contribution by City.
intention of this City Council to provide a
this City of part of the costs and expenses
improvement described herein, if moneys are
prior to the confirmation of the assessment
improvement.
That it is the
contribution by
of the proposed
then available,
for the proposed
Section 9. Property Owners TakiE* Contract. That
it is hereby determined and declared that e public interest
will not be served by allowing the owners of the lands assessed
or liable to be assessed, or their agents, to take a contract
for the acquisition and installation of the improvement.
it- .- <j ~~
Mayor .
ATTEST:
[SEAL)
,
-3-
A-3