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HomeMy WebLinkAbout95-14 - Special Assessment District AppointmentsRESOLUTION NO. 95 -14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, MAKING APPOINTMENTS IN SPECIAL ASSESSMENT DISTRICTS WHEREAS, the CITY COUNCIL of the CITY OF NEWPORT BEACH, CALIFORNIA, is considering the formation of special assessment districts, pursuant to the terms and isprovisions of the "Municipal Improvement Act of 1913 ", being Division 12 of the Streets and Highways Code of the State of California, for the installation of certain public works of improvement, together with appurtenances and appurtenant work, said special assessment districts to be known and designated as follows: ASSESSMENT DISTRICT NO. 64 (CHANNEL ROAD) ASSESSMENT DISTRICT NO. 67 (BLOCK 133, CORONA DEL MAR) ASSESSMENT DISTRICT NO. 72 (BALBOA COVES) (hereinafter referred to as the "Assessment Districts "); 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. 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 these Assessment. Districts. isSECTION 5. That BERRYMAN & HENIGAR [formerly BSI Consultants, Inc.] is hereby appointed the Assessment Engineer for the proceedings in Assessment District No. 64 (Channel Road) and Assessment District No. 72 (Balboa Coves) , and GFB- FRIEDRICH & ASSOCIATES is hereby appointed as Assessment Engineer for the proceedings in Assessment District No. 67 (Block 133, Corona Del Mar)). The Assessment Engineers shall each perform all of the duties and responsibilities as set forth by law as they relate to the respective Assessment Districts. SECTION 6. That BROWN, DIVEN & HENTSCHKE, 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 pursuant to a Special Counsel Agreement as submitted herewith, which Agreement are hereby accepted and approved for execution on behalf of the City. SECTION 7. That this legislative body hereby establishes a special IMPROVEMENT FUND for each Assessment Districts designated by the name and number of the 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 installation 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 13th day of Februaryy 1995. MAYOR ATTEST: CITY CLERK •