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HomeMy WebLinkAbout96-72 - Appointments in a Special Assessment DistrictRESOLUTION NO. 96 -72 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 installation 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. 71 (BALBOA BOULEVARD) (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 above - 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. SECTION 5. That BERRYMAN & HENIGAR is hereby appointed the Assessment Engineer for said proceedings, and said Assessment Engineer shall perform all of the duties and responsibilities as set forth by law as they relate to said Assessment District. 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 is hereby accepted and approved for execution on behalf of the City. SECTION 7. 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 Res. 96 -72 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 as authorized by Section 10210 of the Streets and Highways Code of the State of California. • ATTEST: CITY CLERK • MAYOR STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF NEWPORT BEACH 1, LaVONNE HARKLESS, CITY CLERK of the CITY OF NEWPORT BEACH. CALIFORNIA, DO • HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 96 -72 , 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 9th day of iQntember , 1996, and that the same was passed and adopted by the following vote: AYES: COUNCIL MEMBERS DEBAY, GLOVER, EDWARDS, WATT, O'NEIL, COX NOES: COUNCIL MEMBERS NONE ABSENT: COUNCIL MEMBERS HEDGES ABSTAIN: COUNCIL MEMBERS NONE EXECUTED this 10th day of Member , 1996, at Newport Beach, California. �Ijlo,.t CITY CLERK CITY OF NEWPORT BEACH STATE OF CALIFORNIA