HomeMy WebLinkAbout89-142 - Assessment District 58 - Cannery VillageRESOLUTION NO. 89 -142
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, ACCEPTING PETITION
AND MAKING APPOINTMENTS IN A SPECIAL ASSESSMENT
DISTRICT
WHEREAS, the CITY COUNCIL of the CITY OF NEWPORT BEACH, CALIFORNIA, has
•received a petition executed by certain property owners requesting the construction
of certain public improvements, together with appurtenances and appurtenant work in
connection therewith, said work to be constructed within the boundaries of a benefit
area and special assessment district known and designated as ASSESSMENT DISTRICT NO.
58 (CANNERY VILLAGE) (hereinafter referred to as the "Assessment District "); and,
WHEREAS, said proceedings shall be conducted 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; and,
WHEREAS, at this time, this legislative body is desirous to proceed to form the
Assessment District and make the necessary and required appointments designating
persons to perform certain duties, in order to allow the proceedings to go forward
to completion in accordance with the provisions of law.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That the petition as submitted by property owners requesting the
construction and installation of certain public improvements is hereby received and
accepted, and a copy shall be kept on file with the transcript of these proceedings
and open to public inspection.
SECTION 3. That the PUBLIC WORKS DIRECTOR is hereby appointed to perform all
of the duties and functions of the Superintendent of Streets as said duties are
specified and designated in the "Municipal Improvement Act of 1913 ", being Division
12 of the Streets and Highways Code of the State of California, for the above-
referenced Assessment District.
SECTION 4. That the place for recordation of the assessment roll and diagram
shall be in the Office of the Superintendent of Streets, and said assessment roll
and diagram, upon recordation, shall be kept as a permanent record.
• SECTION 5. That the DAILY PILOT is hereby designated as the newspaper for all
Publications as required by law and as necessary for completion of this Assessment
District.
SECTION 6. That BROWN & DIVEN, Attorneys at Law, is hereby appointed to act as
Bond Counsel for the purposes of preparing proceedings and issuing an approving
opinion attesting to the validity of the proceedings and the enforceability of the
bonds.
SECTION 7. That this legislative body hereby establishes a special IMPROVEMENT
• FUND designated by the name and number of the Assessment District, and into said
fund shall be placed all proceeds from the sale of bonds and cash collections. In
order to expedite the improvements or acquisition under these proceedings and as
authorized by law, funds from any available source may be transferred into said
special fund. Any funds transferred are a loam to the fund and shall be repaid out
of the proceeds of the sale of bonds, including authorized incidental expenses, as
well as costs for the construction of the authorized public improvements, all as
required and authorized by law, and specifically Section 10210 of the Streets and
Highways Code of the State of California..
APPROVED and ADOPTED this 11th day of _ December
1989.
MAYOR
A:Ni
0
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 -142 , 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 11th day of December 1989, and that the same
was passed and adopted by the following vote:
AYES: COUNCIL MEMBERS TURNER, WATT, SANSONE, PLUMMER, HART, STRAUSS, COX
NOES: COUNCIL MEMBERS NONE
ABSENT: COUNCIL MEMBERS NONE
ABSTAIN: COUNCIL MEMBERS NONE
EXECUTED this /e L day of 1989, at Newport Beach,
California.
(SEAL]
•
CITY CLERK
CITY OF NEWPORT BEACH
STATE; OF CALIFORNIA