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HomeMy WebLinkAbout83-102 - Assessment District 56 - China CoveRESOLUTION N0. 83 -102 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE CERTAIN ACQUISITION AND IMPROVE- MENTS, AND THAT THE "SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931" SHALL NOT APPLY THE CITY COUNCIL of the CITY OF NEWPORT BEACH, CALIFORNIA, has held a Public hearing, for which reasonable notice has been given by publication and posting, to determine the public convenience and necessity for the construction of certain public works of improvement, together with appurtenances, in a special assesssment district known and designated as ASSESSMENT DISTRICT NO. 56 (CHINA COVE) (hereinafter referred to as the "Assessment District "); and, WHEREAS, all the evidence, both oral and written, relative to the public convenience and necessity for the construction of the aforesaid improvements has been heard and considered; and, WHEREAS, this Council is now satisfied as to the improvements as proposed. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That it is hereby found and determined that the public con- venience and necessity require the following work, to -wit: The conversion of certain existing overhead electrical and communication facilities to underground locations, together with appurtenances and appurtenant work in connection therewith, in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 56 (CHINA COVE). SECTION 3. That it is further determined that the provisions and limita- tions of the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931" shall not be applicable to proceedings for this improvement. SECTION 4. That this project for improvements shall proceed in accordance with the terms and provisions of the "Municipal Improvement Act of 1913 ", being Divi- sion 12 of the Streets and Highways Code of the State of California, and that bonds, for purposes of financing said project, shall be issued in accordance with the terms and provisions of the "Improvement Act of 1911 ", being Division 7 of said Code. SECTION S. By this Resolution, it is the intention of this Council to make all findings by the affirmative four - fifths (4/5) vote of all members thereof that all determinations as to feasibility and necessity to disregard the limitations and proceedings set up in Division 4 as therein provided be made and determined, and further, to meet the requirements of Section 2804 of the Streets and Highways Code • and Section 19 of Article XVI of the Constitution of the State of California. APPROVED and ADOPTED this 24th day of October 1983 MMTUK CITY OF NEWPORT BEACH STATE OF CALIFORNIA ATTE T: Y LLMK CITY OF NEWPORT BEACH STATE OF'- CALIFORNIA . , STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF NEWPORT BEACH I, WANDA E. ANDERSON, CITY CLERK of the CITY OF NEWPORT BEACH, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 83 -102 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 October 1983, and that the same was passed and adopted by the following vote: AYES: COUNCIL MEMBERS Hart, Maurer, Heather, Cox, Plummer, Agee, Strauss NOES: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS None ABSTAIN: COUNCIL MEMBERS None EXECUTED this 9�' day of r , 1983, at Newport Beach, California. rrTTTLTRK CITY OF NEWPORT BEACH STATE OF CALIFORNIA [SEAL] •