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HomeMy WebLinkAbout89-93 - Assessment District 59 - McFadden SquareRESOLUTION NO. 89 -93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE IMPROVEMENTS; THAT THE PROJECT IS FEASIBLE; AND THAT THE LANDS WILL BE ABLE TO • CARRY THE BURDEN OF THE PROPOSED ASSESSMENT WHEREAS, the CITY COUNCIL of the CITY OF NEWPORT BEACH, CALIFORNIA, has initiated the alternative proceedings as authorized under Part 7.5 of Division 4 of the Streets and Highways Code of the State of California for the formation of a special assessment district, said special assessment district known and designated as ASSESSMENT DISTRICT NO. 59 (MCFADDEN SQUARE) (hereinafter referred to as the "Assessment District "); and, WHEREAS, at this time a "Report" as previously ordered by this legislative body has been presented and considered, and this legislative body is now ready to proceed and take all necessary actions for the formation of the Assessment District. 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 be overruled and denied upon the express finding that they are made by the owners of less than one -half (112) of the area of property to be assessed. SECTION 3. That the public interest, convenience and necessity require certain public works of improvement and appurtenance and appurtenant work in the Assessment District substantially as set forth in the "Report" thereof filed under 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. • SECTION 4. That this legislative body hereby finds and determines that the total amount of the principal sum of all unpaid special assessments proposed to be levied, as well as any outstanding special assessments, do not exceed 1/2 the total true value of the parcels proposed to be assessed under these proceedings, and this finding shall to final and conclusive. 1 of 2 • C SECTION 5. That the project is feasible and that the lands to be assessed will be able to carry hereby further determined that provided for in Division 4 of California be disregarded both District as a whole, and as to assessments, as applicable. the burden of the proposed assessment, and it is the limitations of the amounts of assessments the Streets and Highways Code of the State of with respect to the limitation and the Assessment the limitation on individual specific SECTION 6. That by this Resolution, it is the intention of this legislative body to make all findings by the affirmative four - fifths (4 /5ths) vote of all members thereof that all determinations as to necessity and feasibility and necessity to disregard the limitations and proceedings as so authorized in Division 4. Adopted this /lday of a2t 1989. MAYOR 2 of 2