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HomeMy WebLinkAbout2007-52 - Assessment District 99RESOLUTION NO. 2007- 52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DECLARING ABANDONMENT OF PROCEEDINGS FOR ASSESSMENT DISTRICT NO. 99 (BALBOA BOULEVARD ALLEY) 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. 99 (Balboa Boulevard Alley) (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, Order 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 in favor of 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. 1 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: Noire ABSTAIN: None ATTEST: �/ / t i L 2 i Mayor 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. 99 (Balboa Boulevard Alley) was duly adopted on July 10, 2007. 3. Reference is hereby made to a Resolution of Intention, Resolution No. 2007 -26, adopted on the May 8, 2007, for a further and complete description of the works of improvement and assessments proposed for Assessment District No. 99. 4. A map of the proposed boundaries of Assessment District No. 99 was filed in the Office of the County Recorder of the County of Orange on May 14, 2007, in Assessment District Maps Book 92, Page(s) 28 - 33. EXECUTED this /Dth day of July, 2007 CITY CLERK STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } 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 -52 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) City Clerk Newport Beach, California