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HomeMy WebLinkAbout89-51 - Assessment District 57 - Corona Highlands Utility ConversionRESOLUTION NO. 89 -51 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, CONFIRMING THE ASSESSMENT, ORDERING THE IMPROVEMENTS MADE, x TOGETHER WITH APPURTENANCES, AND APPROVING THE ENGINEER'S "REPORT" WHEREAS, the CITY COUNCIL of the CITY OF NEWPORT BEACH, CALIFORNIA, has • previously adopted its Resolution of Intention and initiated proceedings for the construction of certain public works of improvement, together with appurtenances and appurtenant work, including acquisition where appropriate, in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 57 (CORONA HIGHLANDS UTILITY CONVERSION) (hereinafter referred to as the "Assessment District "); and, WHEREAS, pursuant to said Resolution of Intention, a "Report ", as therein provided, was presented, considered and approved; and, WHEREAS, said "Report ", as preliminarily approved, contained all the matters and items called for by law and as pursuant to the provisions of the "Municipal Improvement Act of 1913 ", being Division 12 of the Streets and Highways Code of the State of California, including the following: 1. Plans and specifications of the proposed improvements; 2. Estimate of cost; 3. Diagram of Assessment District; 4. An assessment according to benefits; 5. A description of the works of improvement; and, WHEREAS, all protests have been heard and considered, and a full hearing has been given, all in the manner provided by law; and, WHEREAS, notices of said hearing were duly and regularly posted, mailed and published in the time, form and manner required by law and as evidenced by affidavits on file with the transcript of these proceedings; and, WHEREAS, the owners of one -half (1/2) of the area assessed for the cost of the project did not file written protests against the said proposed improvements and acquisition where appropriate, and this legislative body did, after providing a full hearing, overrule and deny all protests and objections; and, • WHEREAS, this legislative body is now satisfied with the assessment and all matters contained in the "Report" as now updated and submitted. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: v • RECITALS SECTION 1. That the above recitals are all true and correct. PROTESTS SECTION 2. That all protests and objections of every kind and nature be, and the same hereby are, overruled and denied, and it is further determined that said protests and objections are made by the owners of less than one -half of the area of property to be assessed for said improvements within said Assessment District. BENEFITS RECEIVED SECTION 3. That it is hereby determined that all properties within the boundaries of the Assessment District receive a local and direct benefit from the works of improvement as proposed for said Assessment District, and it is hereby further determined and declared that all assessable costs and expenses have been apportioned and spread over the properties within the boundaries of the Assessment District in direct proportion to the benefits received thereby. PUBLIC INTEREST AND CONVENIENCE SECTION 4. That the public interest and convenience require the proposed improvements to be made, and therefore it is hereby ordered that the work to be done and improvements to be made, together with appurtenances and appurtenant work in connection therewith, including acquisition where appropriate, in said Assessment r District, as set forth in the Resolution of Intention previously adopted and as set forth in the "Report" presented and considered, and as now submitted. CONFIRMATION OF ASSESSMENT SECTION 5. That the "Report ", as now updated and submitted, consisting of the assessment and diagram for the improvements, together with appurtenances and appurtenant work in connection therewith, including acquisition where appropriate, is hereby confirmed. The assessments contained in the final Engineer's "Report" are hereby levied and approved to finance the public works of improvement, as authorized for these proceedings. CONNECTION WORK AT EXPENSE OF OWNER SECTION 6. All electric or communication facilities, including connections to a the owner's premises located upon any lot or parcel of land within the Assessment District shall be constructed, reconstructed, relocated or converted by the owner of such lot or parcel at his own expense. The City Clerk shall mail a. notice to each owner of a lot or parcel of land within the Assessment District, advising him of the provision of this - Section and stating that unless the owner complies with the requirements of this Section, all buildings and improvements located upon the lot or parcel will be • subject to disconnection from the electric. or communication facilities providing service thereof. Such notice shall be mailed at least fifteen (15) days prior to the commencement of construction, and shall be mailed to the owner whose name and address appear on the last equalized assessment roll used by the City or as known to the City Clerk. RECORDATION OF ASSESSMENT SECTION 7. That the City Clerk shall forthwith deliver to the Superintendent of Streets the said assessment, together with the diagram attached thereto and made a part thereof, as confirmed, with his certificate of such confirmation attached and the date thereof; and that said Superintendent of Streets shall then immediately record said diagram and assessment in his Office in a suitable book to be kept for that purpose and attach thereto his certificate of the date of such recording. COUNTY RECORDER NOTICE SECTION 8. Upon confirmation of the assessments and recordation of the assessment roll and diagram, a certified copy of the assessment diagram shall be immediately filed in the Office of the County Recorder. Immediately thereafter, a copy of the notice of assessment shall be recorded in the Office of the County Recorder in the manner and form as set forth by law and specifically Section 3114 of the Streets and Highways Code of the State of California. MAILED NOTICE SECTION 9. That said Superintendent Of Streets, upon the recording of said diagram and assessment, shall mail to each owner of real property within the Assessment District at his last known address, as the same appears on the tax rolls of the County or on file in the Office of the City Clerk, or to both addresses if said address is not the same, or to General Delivery when no address so appears, a • statement containing a designation by street number or other description of the property assessed sufficient to enable the owner to identify the same, the amount of the assessment, the time and place of payment thereof, the effect of failure to pay within such time, and a statement of the fact that bonds will be issued on unpaid assessments pursuant to the "Improvement Act of: 1911 ". PUBLICATION r SECTION 10. That said Superintendent of Streets shall also give notice by publishing a copy of a notice of recording of assessment in the newspaper previously selected to publish all notices as provided by law, giving notice that said assess- • ment has been recorded in his Office, and that all sums assessed thereon are due and payable immediately, and that the payment of: said sumo is to be made within thirty (30) days after the date of recording the assessment, which date shall be so stated in said notice, and of the fact that securities will be issued upon unpaid assessments. COLLECTION OF ASSESSMENTS SECTION 11. That the City Treasurer is hereby authorized to collect the assessments for principal and interest on the bonds and make payment to the registered owners of said bonds, all in accordance with the provisions of law, and specifically pursuant to the terms and provisions of the "Improvement Act of 1911 ", being Division 7 of the Streets and Highways Code of the State of California. IMPROVEMENT FUND SECTION 12. That the Treasurer is hereby authorized and directed to establish a special fund account to be known as the IMPROVEMENT FUND, and designated by the name of this Assessment District, into which fund shall be paid all payments to be received upon said assessment, and the proceeds of the sale of bonds to be issued representing unpaid assessments. APPROVED and ADOPTED this 26th day of Af June 1 1989. AM ATTES CITY CLERK CITY OF NEWPORT BEACH STATE OF CALIFORNIA • MAYOR CITY OF NEWPORT BEACH STATE OF CALIFORNIA Y STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF NEWPORT BEACH T I,. WANDA E. RAGGIO, CITY CLERK of the CITY OF NEWPORT BEACH, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 89 -51 , 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 26th . day of June 1989, and that the same was passed and adopted by the following vote: AYES: COUNCIL MEMBERS TURNER, SANSONE, PLUMMER, HART, COX, WATT NOES: COUNCIL MEMBERS NONE ABSENT: COUNCIL MEMBERS STRAUSS ABSTAIN: COUNCIL MEMBERS NONE EXECUTED this ppZ day of 1989, at Newport Beach, California. CITY CLERK CITY OF NEWPORT BEA STATE OF CALIFORNIA 4