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HomeMy WebLinkAbout2016-113 - Declaring Abandonment of Proceedings for City of Newport Beach Assessment District No. 114 and 114bRESOLUTION NO. 2016-113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DECLARING ABANDONMENT OF PROCEEDINGS FOR CITY OF NEWPORT BEACH ASSESSMENT DISTRICT NO. 114 AND 114B WHEREAS, this City Council has previously adopted Resolution No. 2016-103 (the 'Resolution of Intention") and initiated proceedings for the acquisition of certain public works of improvement, namely, the conversion of certain overhead electrical, cable and communication facilities to underground locations, together with appurtenances and appurtenant work, in a special assessment district designated as "City of Newport Beach Assessment District No. 114 and 114b" (hereinafter referred to as the "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 (the "Act'), Article XIIID of the Constitution of the State of California ("Article XIIID"), and the Proposition 218 Omnibus Implementation Act (commencing with Section 53750 of the Government Code) (the "Implementation Act') (the Act, Article XIIID, and the Implementation Act are referred to herein collectively as the "Assessment Law"); and WHEREAS, after notice of a public hearing, accompanied by ballot materials, was mailed, a full public hearing on the improvements and assessments was held on September 27, 2016, all in accordance with Assessment Law; and WHEREAS, this City Council has received all ballots filed with the City Clerk prior to the conclusion of the hearing, and the Assessment Engineer on behalf of the City Clerk has separately counted all Area 114 and Area 114b ballots for and against the formation of the Assessment District as provided in Article XIIID; Resolution No. 2016-113 Page 2 of 4 NOW, THEREFORE, the Council of the City of Newport Beach does hereby RESOLVE, as follows: 1. Recitals. The above recitals, and each of them, are true and correct. 2. Occurrence of Public Hearing. The public hearing referred to in the recitals hereof has been duly held, and each and every step in the proceedings prior to and including the hearing has been duly and regularly taken. 3. Majority of Ballots Opposed. This City Council finds and determines based upon the Certificate of Assessment Engineer who conducted the ballot tabulation on behalf of the City Clerk that a majority of the ballots received in either Area 114 or Area 114b are in opposition to the assessment. In tabulating the ballots, the ballots were weighted according to the proportional financial obligation of the affected property. 4. Abandonment of Proceedings. The proceedings heretofore taken under and pursuant to the Assessment Law for the work and improvements proposed by said Resolution of Intention in the Assessment District are hereby ordered abandoned. 5. Recordation of Resolution. The City Clerk shall immediately cause the recordation of a certified copy of this Resolution of Abandonment with the County Recorder. The certificate attached to the Resolution shall include a reference to the date of the adoption of this Resolution, the date of the original Resolution of Intention, and the date the map of the Assessment District was previously filed with the County Recorder. 6. Effective Date of Resolution. This Resolution shall take effect immediately upon its passage. H Resolution No. 2016-113 Page 3 of 4 PASSED, APPROVED, and ADOPTED on September 27, 2016. ATTEST: aw)'Nw�� - LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: AARON C. HARP, CITY ATTORNEY g1tutlu 9L,4� A C4� DIANE B. DIXON, MAYO Resolution No. 2016-113 Page 4 of 4 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF NEWPORT BEACH The undersigned CERTIFIES as follows 1. During all of the times herein mentioned, the undersigned was, and now is, the duly qualified and acting City Clerk of the City of Newport Beach, California. 2. The attached Resolution abandoning proceedings for the construction of certain improvements in City of Newport Beach Assessment District No. 114 and 114b was duly adopted on September 27, 2016. 3. Reference is hereby made to a Resolution of Intention, Resolution No. 2016-103, adopted on the August 9, 2016 for a further and complete description of the works of improvement and assessments proposed for the Assessment District. 4. A map of the proposed boundaries of the Assessment District was filed in the Office of the County Recorder of the County of Orange County on August 16, 2016 in Assessment District Maps Book 104, Page 40-41. EXECUTED this 28' day of September, 2016 Aw-- CITY CLERK STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2016-113 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 27th day of September, 2016, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member Petros, Mayor Dixon NAYS: None RECUSED: Council Member Curry, Mayor Pro Tem Muldoon IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 28!" day of September, 2016. bvw'-�- Leilani I. Brown, MMC City Clerk Newport Beach, California (Seal)