HomeMy WebLinkAbout2007-51 - Assessment District 94RESOLUTION NO. 2007- 51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH DECLARING ABANDONMENT OF PROCEEDINGS FOR
ASSESSMENT DISTRICT NO. 94 (PACIFIC DRIVE - CORONA DEL
MAR)
WHEREAS, this City Council has previously adopted its Resolution of Intention
and initiated proceedings for the acquisition of certain public works of improvement,
namely, the conversion of certain overhead electrical and communication facilities to
underground locations, together with appurtenances and appurtenant work, in a special
assessment district designated as Assessment District No. 94 (Pacific Drive - Corona
Del Mar) (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");
WHEREAS, after notice of a public hearing, accompanied by ballot materials,
was mailed, a full public hearing on the improvements and assessments was held, and
at the conclusion of the public hearing all ballots submitted in favor of or opposed to the
assessment were tabulated, all in accordance with Assessment Law;
NOW, THEREFORE, the City Council of the City of Newport Beach does hereby
Determine, Omer and Resolve as follows:
SECTION 1. The above recitals are all true and correct.
SECTION 2. The ballots received by the City in opposition to the proposed
assessment and weighted as required by the Assessment Law exceeded the ballots
received favor of in the assessment and similarly weighted and, therefore, a majority
protest does exist.
SECTION 3. The proceedings had and 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.
SECTION 4. 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.
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 Assessment District No. 94 (Pacific Drive - Corona Del Mar) was
duly adopted on June 10, 2007.
3. Reference is hereby made to a Resolution of Intention, Resolution No. 2007 -16,
adopted on the March 13, 2007, for a further and complete description of the works of
improvement and assessments proposed for Assessment District No. 94.
4. A map of the proposed boundaries of Assessment District No. 94 was filed in the
Office of the County Recorder of the County of Orange on March23, 2007, in
Assessment District Maps Book 92, Page 20.
EXECUTED this Vh day of July, 2007.
w1i
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the
City of Newport Beach held on the 10 day of July, 2007, by the following vote:
AYES: Henn, Curry, Selich, Webb, Daigle, Gardner, Mayor Rosansky
NOES: None
ABSENT: None
ABSTAIN: gone
ATTEST:
F]
Mayor
STATE OF CALIFORNIA j
COUNTY OF ORANGE
CITY OF NEWPORT BEACH j
I, LaVonne M. Harkless, 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. 2007 -51 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
10th day of July 2007, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Henn, Curry, Selich, Webb, Daigle, Gardner, Mayor Rosansky
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 11th day of July 2007.
(Seal)
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City Clerk
Newport Beach, California