HomeMy WebLinkAbout2000-104 - Assessment District 79 - Beacon BayRESOLUTION NO. 2000 -104
RESOLUTION MAKING FINDING ON A PETITION FOR, ADOPTING A MAP
SHOWING THE PROPOSED BOUNDARIES OF, AND MAKING APPOINTMENTS
FOR ASSESSMENT DISTRICT NO. 79
WHEREAS, this legislative body has been presented by certain property owners an executed
petition (the "Petition ") requesting the formation of a special assessment district to be designated as
ASSESSMENT DISTRICT NO. 79 (BEACON BAY) (the "Assessment District ") to provide for street
improvements including resurfacing, curbs, gutters, and storm drains and for the conversion of certain
overhead electrical and communication facilities to underground locations as described in the Petition,
together with appurtenances and appurtenant work in connection therewith, pursuant to the terms and
provisions of Ordinance No. 2000 -17 (the "Ordinance ") and the "Municipal Improvement Act of 1913 ",
being Division 12 of the Streets and Highways Code of the State of California (the "Act "), as said Act
is modified and supplemented by the Ordinance;
WHEREAS, the Development Engineer of the City of Newport Beach has certified to this
legislative body as follows:
a. the Petition has been signed by owners owning more than sixty percent (60 %) in
area of all assessable property within the boundaries of the proposed Assessment District, and
b. the Petition is signed by not less than five (5) owners owning lands constituting
more than one -half (1/2) in area of all assessable property within the boundaries of the proposed
Assessment District.
WHEREAS, this legislative body has been presented and has received a map (the "Map ")
showing and describing the boundary of the area proposed to be assessed in the Assessment District.
NOW, THEREFORE, BE IT Determined, Resolved, and Ordered as follows:
SECTION 1. The above recitals are all true and correct.
SECTION 2. The Petition shall be retained as a permanent record and remain open to public
inspection.
SECTION 3. The Map is hereby approved and adopted. The original map of the 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 Map and on at least one copy of
the Map 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 the
Assessment District. a copy of the Map shall be filed with the correct and proper endorsements thereon
with the County Recorder, all in the manner and form provided in Section 31 1 1 of the Streets and
Highways Code of the State of California.
SECTION 5. The Development Engineer of the City of Newport Beach is hereby appointed to
perform all of the duties and functions of the Superintendent of Streets for the Assessment District as said
duties are specified and designated in the Act. The place for recordation of the assessment roll and
diagram shall be in the office of the appointed Superintendent of Streets, and said assessment roll and
diagram, upon recordation, shall be kept as a permanent record.
SECTION 6. The Daily Pilot is hereby designated as the newspaper for all publications as
required by law and as necessary for the Assessment District proceedings.
SECTION 7. The firm of Willdan Associates is hereby appointed the Assessment Engineer for
the Assessment District proceedings.
SECTION 8. Robert E. Hessell, attorney at law, is hereby appointed to act as Bond Counsel for
the Assessment District.
SECTION 9. This legislative body hereby authorizes the establishment of a special
improvement fund for the Assessment District and into the improvement fund shall be placed all proceeds
from the sale of Assessment District bonds and cash collections. In order to expedite the improvements
to be made under the Assessment District proceedings and as authorized by law, funds from any available
source may be transferred into the special improvement fiend. Any funds transferred into the special
improvement fund (other than proceeds from the sale of Assessment District bonds and cash collections)
shall be deemed a loan to the fund and shall be repaid out of the proceeds of the sale of Assessment
District bonds as authorized by Section 10210 of the Streets and Highways Code of the State of
California.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of
Newport Beach, held on the 12th day of December, 2000, by the following vote:
AYES: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
resolution, being Resolution No. 2000 -104 was duly and regularly introduced before and adopted by
the City Council of said City at a regular meeting of said Council, duly and regularly held on the 12th
day of December, 2000, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 131h day of December, 2000.
(Seal)
City Clerk
Newport Beach, California