HomeMy WebLinkAbout90-95 - Assessment District 60 - West Bay AvenueRESOLUTION NO. 90 -95
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, MAKING APPOINTMENTS
IN A SPECIAL ASSESSMENT DISTRICT
WHEREAS, the CITY COUNCIL of the CITY OF NEWPORT BEACH, CALIFORNIA, is
considering the formation of a special assessment district, 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, for the construction of
certain public works of improvement, together with appurtenances and appurtenant
work, said special assessment district to be known and designated as ASSESSMENT
DISTRICT NO. 60 (WEST BAY AVENUE FROM 8TH STREET TO 15TH STREET) (hereinafter
referred to as the "Assessment District "); and,
WHEREAS, at this time, this legislative body is desirous of making the required
appointments and 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 DIRECTOR OF PUBLIC WORKS 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 referenced
Assessment District.
SECTION 3. 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 4. 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.
SECTIO14 5. That BROWN, HARPER, BURNS & HENTSCHKE, Attorneys at Law, (formerly
Brown & Diven) 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 pursuant to the terms and
conditions of a Special Counsel Agreement previously approved and executed, which
Agreement is hereby ordered to be amended to correctly reflect the new firm name
affiliation of Brown, Harper, Burns & Hentschke.
SECTION 6. 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 loan 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 24th day of September , 1990.
AAA 61—
MAYOR
i
•
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. 90 -95 , 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 24th day of September 1990, 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 26th day of September 1990, at Newport Beach, California.
CITY CLERK
W CITY OF NEWPORT BEACH
�( STATE OF CALIFORNIA
[SEAL)