HomeMy WebLinkAbout89-93 - Assessment District 59 - McFadden SquareRESOLUTION NO. 89 -93
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH,
CALIFORNIA, FINDING AND DETERMINING THAT THE PUBLIC INTEREST,
CONVENIENCE AND NECESSITY REQUIRE THE IMPROVEMENTS; THAT THE
PROJECT IS FEASIBLE; AND THAT THE LANDS WILL BE ABLE TO
• CARRY THE BURDEN OF THE PROPOSED ASSESSMENT
WHEREAS, the CITY COUNCIL of the CITY OF NEWPORT BEACH, CALIFORNIA,
has initiated the alternative proceedings as authorized under Part 7.5 of
Division 4 of the Streets and Highways Code of the State of California for the
formation of a special assessment district, said special assessment district
known and designated as ASSESSMENT DISTRICT NO. 59 (MCFADDEN SQUARE)
(hereinafter referred to as the "Assessment District "); and,
WHEREAS, at this time a "Report" as previously ordered by this
legislative body has been presented and considered, and this legislative body is
now ready to proceed and take all necessary actions for the formation of the
Assessment District.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That all protests and objections be overruled and denied
upon the express finding that they are made by the owners of less than one -half
(112) of the area of property to be assessed.
SECTION 3. That the public interest, convenience and necessity
require certain public works of improvement and appurtenance and appurtenant
work in the Assessment District substantially as set forth in the "Report"
thereof filed under the provisions of the "Special Assessment Investigation,
Limitation and Majority Protest Act of 1931," being Division 4 of the Streets
and Highways Code of the State of California.
• SECTION 4. That this legislative body hereby finds and determines
that the total amount of the principal sum of all unpaid special assessments
proposed to be levied, as well as any outstanding special assessments, do not
exceed 1/2 the total true value of the parcels proposed to be assessed under
these proceedings, and this finding shall to final and conclusive.
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SECTION 5. That the project is feasible and that the lands to be
assessed will be able to carry
hereby further determined that
provided for in Division 4 of
California be disregarded both
District as a whole, and as to
assessments, as applicable.
the burden of the proposed assessment, and it is
the limitations of the amounts of assessments
the Streets and Highways Code of the State of
with respect to the limitation and the Assessment
the limitation on individual specific
SECTION 6. That by this Resolution, it is the intention of this
legislative body to make all findings by the affirmative four - fifths (4 /5ths)
vote of all members thereof that all determinations as to necessity and
feasibility and necessity to disregard the limitations and proceedings as so
authorized in Division 4.
Adopted this /lday of a2t 1989.
MAYOR
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