HomeMy WebLinkAbout2002-80 - Assessment District 70 - BayshoresRESOLUTION NO. 2002 - 80
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH MAKING A FINDING ON A PETITION FOR,
ADOPTING A MAP SHOWING THE PROPOSED
BOUNDARIES OF, AND MAKING APPOINTMENTS FOR
ASSESSMENT DISTRICT NO. 70 (BAYSHORES)
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. 70 (Bayshores) (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. Stephen G. Badum P.E., Public Works Director 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 GFB- Friedrich & Assoc., Inc., 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 26th day of November, 2002, by the following
vote:
AYES: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway
NOES: None
ABSENT: None
ABSTAIN: None
Mayor / I
ATTEST: �.1
City Clerk
2
STATE OF CALIFORNIA }
COUNTY OF ORANGE
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 -80 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
26th day of November, 2002, and that the same was so passed and adopted by the following vote, to
wit:
Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 27th day of November, 2002.
(Seal)
City Clerk
Newport Beach, California