HomeMy WebLinkAbout2002-61 - Assessment District 86RESOLUTION NO. 2002 - 61
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH MAKING FINDING ON A PETITION FOR,
ADOPTING A MAP SHOWING THE PROPOSED BOUNDARIES OF,
AND MAKING APPOINTMENTS FOR ASSESSMENT DISTRICT NO.
86
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. 86 (the
"Assessment District ") to provide 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 the "Municipal Improvement Act of 1913 ", being
Division 12 of the Streets and Highways Code of the State of California (the "Act');
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 3111 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 Harris & 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 fund. 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 24th day of September, 2002, by
the following vote:
AYES: Heffernan, O'Neil, Bromberg, Adams, Proctor, Mayor Ridgeway
NOES: None
ABSENT: Glover
ABSTAIN::
ATTES Mayor
-4
ity Clerk
F:\ USERS \PBw\Shared\Resolutions1AD86 -Pet 6on.doc
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. 2002.61 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 24th
day of September, 2002, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Heffernan, O'Neil, Bromberg, Adams, Proctor, Mayor Ridgeway
Noes: None
Absent: Glover
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 25th day of September, 2002.
(Seal)
City Clerk
Newport Beach, California