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HomeMy WebLinkAbout89-39 - Assessment District 57 - Corona Highlands Utility ConversionRESOLUTION NO. E19 -39 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DECLARING ITS INTENTION TO ORDER CHANCES AND MODIFICATIONS IN CERTAIN ASSESSMENT DISTRICT PROCEEDINGS AND SETTING PUBLIC HEARING WHEREAS, the CITY COUNCIL of the CITY OF NEWPORT BEACH, CALIFORNIA, has previously initiated proceedings and set a public hearing pursuant to the terms and provisions of the "Municipal Improvement Act of 191311, being Division 12 of the Streets and Highways Code of the State of California, for a assessment district designated as ASSESSMENT DISTRICT NO. 57 (CORONA HIGHLANDS UTILITY CONVERSION) (hereinafter referred to as the "Assessment District "); and, WHEREAS, at this time it appears to this legislative body that certain changes and modifications are necessary, and that, pursuant to the provisions of Section 10353 of said Streets and Highways Code, it is necessary that this legislative body adopt a Resolution briefly describing the proposed changes and giving notice of a time and place for a public hearing where persons may appear and show cause why Said changes should not be ordered; and, WHEREAS,. it is hereby determined that certain changes and modifications should be made, to the spread and apportionment of the assessments to correctly reflect the benefits received from the works of improvement; and, WHEREAS, it is hereby further determined that certain modifications and amendments should be made to the boundaries of the Assessment District to correctly include all properties receiving a benefit from the works of improvement. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That the public interest, convenience and necessity requires, and it is the intention of this legislative body, to order certain increases and modifications.in the assessments as set forth in the Engineer's "Report" for said Assessment District, as said changes and modifications are set forth in detail in said Engineer's "Report" herewith submitted. SECTION 3. That the boundaries of the proposed Assessment District are hereby modified and amended to include all properties that benefit from the works of improvement, and for particulars, reference is made to the proposed amended boundary map as previously approved and adopted by this ' legislative body. SECTION a. That the above changes and modifications are necessary in order to reflect the proper spread and apportionment of the assessments in accordance with the benefits received from the works of improvement, and specifically the conversion of the existing overhead electrical and communication facilities to underground locations. SECTION 5. NOTICE IS HEREBY GIVEN THAT MONDAY, THE 26TH DAY OF JUNE, 1989, AT THE HOUR OF 7:30 O'CLOCK P.M., IN THE REGULAR MEETING PLACE OF THE LEGISLA- TIVE BODY, BEING THE COUNCIL CHAMBERS, CITY HALL, IS THE TIME AND PLACE FIXED FOR HEARING ANY PROTESTS OR OBJECTIONS TO THE PROPOSED CHANGES AND MODIFICATIONS AS PROPOSED TO BE MADE BY THIS RESOLUTION. ANY INTERESTED PERSON MAY APPEAR BEFORE THIS LEGISLATIVE BODY AND SHOW CAUSE WHY SAID CHANGES AND MODIFICATIONS SHOULD NOT BE MADE IN ACCORDANCE WITH THE PROVISIONS OF THIS RESOLUTION. ANY OBJECTIONS MUST BE IN WRITING AND FILED WITH THE CITY CLERK BY ANY :INTERESTED PERSON AT ANY TIME NOT LATER THAN THE TIME SET FOR THE PUBLIC HEARING. • • SECTION 6. The City Clerk is hereby directed to certify to the adoption of this Resolution and cause a copy to be published once, not lees than ten (10) days prior to the date set for the Public Hearing. Said publication shall be in the DAILY PILOT, a newspaper designated for legal publications under these proceedings. SECTION 7. As said changes and modifications do propose the increase in assess- ments and modifications to the boundaries, the City Clerk is also directed, at least twenty (20) days prior to the date fixed for the public hearing, to mail a copy of said Resolution to all property owners owning real property where any assessment is proposed to be increased and property now included within the boundaries of the Assessment District. Said mailing shall be to the owner or owners of said property as said names and addresses appear on the last equalized assessment roll, or as known to the City Clerk. ISECTION 8. These changes and modifications are hereby ordered pursuant to the provisions of Chapter 4.5 of Division 12 of the Streets and Highways Code of the State of California, the "Municipal Improvement Act of 1913 ". APPROVED and ADOPTED this 22nd ATTB$T: I r CITY CLERK CITY OF NEWPORT BEACH STATE OF CALIFORNIA day of Ma 1989. MAYOR CITY OF NEWPORT BEACH STATE OF CALIFORNIA 1, STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF NEWPORT BEACH I, WANDA E. RAGGIO, CITY CLERK of the CITY OF' NEWPORT BEACH, CALIFORNIA, Do HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 89 -39 , was duly passed, approved and adopted by the City Council, approved and signed by the Mayor, •and attested by the City Clerk, all at the regular meeting of said City Council held on the 22nd day of May 1989, and that the same was passed and adopted by the following vote: • AYES: COUNCIL MEMBERS TURNER, SANSONE, PLUMMER, STRAUSS, COX, WATT NOES: i COUNCIL MEMBERS NONE ABSENT: COUNCIL MEMBERS HART ABSTAIN: COUNCIL MEMBERS NONE EXECUTED this C- Ztday of at Newport Beach, California. /,1989, ' CITY CLERK CITY OF NEWPORT BEACH STATE OF CALIFORNIA [SEAL)