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HomeMy WebLinkAbout20 - Proposed Assessment District No. 117 - Area Bounded by Bayside Drive, Avocado Avenue, Coast Hwy & Carnation Avenue - Public Hearing NoticeRESOLUTION NO. 2015-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING THE ASSESSMENT ENGINEER'S REPORT AND FIXING THE TIME AND PLACE OF THE PUBLIC HEARING FOR ASSESSMENT DISTRICT NO. 117 WHEREAS, by Resolution No. 2015-78 (the "Resolution of Intention") in the proceedings for the formation of Assessment District No. 117 (the "Assessment District") this City Council ordered a report (the "Report") prepared by PENCO Engineering, Inc. (the "Assessment Engineer") under and pursuant to the provisions of the Municipal Improvement Act of 1913, and, in particular, Section 10204 of the California Streets and Highways Code; and WHEREAS, the Assessment Engineer has prepared the Report and filed the same with the City Clerk, and the City Clerk has presented the Report to this City Council for consideration; and NOW, THEREFORE, the Council of the City of Newport Beach does hereby RESOLVE, as follows: 1. Approval of Report. The Report is approved, and the City Clerk is directed to endorse the fact and date of such approval on the Report and to file the Report in her office. 2. Legal Findings. Pursuant to Section 2961 of the Streets and Highways Code and based on the information set forth in the Report, this City Council finds that the total amount of the principal sum of all unpaid special assessments levied against the parcels proposed to be assessed, other than contemplated by the present proceedings, plus the principal amount of the special assessment proposed to be levied in the instant proceedings, do not exceed one-half of the total value of the parcels proposed to be assessed, as computed pursuant to paragraph (2) of subdivision (b) of Section 2961. Page 1 of 2 3. Public Hearing. A public hearing shall be held on November 24 2015, at 7:00 p.m.. at the regular meeting place of the City Council at City Half Council Chambers, 100 Civic Center Drive, Newport Beach, California 92660, to hear and consider protests and objections to the proposed Assessment District and the Report and to receive and count the ballots for and against the proposed Assessment District. 4. Notice. At least 45 days prior to the public hearing referred to in Section 3 hereof, the City Clerk shall cause a notice of the adoption of the Resolution of Intention, the filing of the Report and the setting of time and place for said public meeting and the public hearing referred to in Section 2 hereof to be mailed, postage prepaid, to all persons owning real property proposed to be assessed and whose names and addresses appear on the last equalized County of Orange assessment roll or the State Board of Equalization assessment roll, as the case may be, or who are known to the City Clerk. Such notice shall conform in all respects to the provisions of Section 53753 of the California Government Code and Article XIIID, Section 4 of the California Constitution. 5. Resolution Effective Immediately. This Resolution shall take effect immediately upon its adoption. ADOPTED this 22nd day of September, 2015. ATTEST: /s/ Leilani I. Brown City Clerk /s/ Edward D. Selich Mayor Page 2 of 2