HomeMy WebLinkAbout89-92 - Assessment District 59 - McFadden SquareRESOLUTION NO. 89-92
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH,
CALIFORNIA, MAKING FINDINGS AND DETERMINATIONS AND OVERRULING
AND DENYING PROTESTS IN A SPECIAL ASSESSMENT DISTRICT
• WHEREAS, the CITY COUNCIL of the CITY OF NEWPORT BEACH, CALIFORNIA,
has heretofore commenced proceedings pursuant to the provisions of the "Special
Assessment Investigation, Limitation and Majority Protest Act of 1931," being
Division 4 of the Streets and Highways Code of the State of California, for the
construction of certain public works of improvement, together with appurtenances
and appurtenant work, in a special assessment district known and designated as
ASSESSMENT DISTRICT NO. 59 (MCFADDEN SQUARE) (hereinafter referred to as the
"Assessment District "); and,
WHEREAS, this legislative body set a time and place for public
hearing, pursuant to said "Special Assessment Investigation, Limitation and
Majority Protest Act of 1931;" and,
WHEREAS, notice of the public hearing was given in the manner and form
as required by law, and, at the time for said public hearing, this legislative
body considered all protests, written or oral, to the proceedings and all
matters related to the report for the Assessment District, and all persons had
an opportunity to appear and present testimony relating to said Assessment
District; and,
WHEREAS, at said time of the public hearing, the legislative body
considered all matters as to the method and formula of the assessment spread and
the determination as to whether or not the property did receive a benefit, and
whether the assessments were apportioned in accordance to benefit.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
• SECTION 2. That all protests and objections of every kind and nature
be, and the same hereby are, overruled and denied, and it is further determined
that said protests and objections are made by the owners of less than one -half
(1/2) of the area of property to be assessed for said improvements within said
Assessment District.
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SECTION 3. That it is hereby further determined that all properties
within the boundaries of the Assessment District receive a local and direct
benefit from the works of improvement as proposed for all said Assessment
District, and it is hereby further determined and declared that all assessable
• costs and expenses have been apportioned and spread over the properties within
the boundaries of the Assessment District in direct proportion to the benefits
•
received thereby.
SECTION 4. That the Engineer's method of spread and apportionment of
all costs is hereby adopted and approved as being correct and proper
apportionment and distribution of all assessable costs for these works of
improvement.
Adopted this /yZX/day of t�� .1989.
NIAY
ATTEST:
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