HomeMy WebLinkAbout2009-26 - Abandoning AD 87 Proceedings - Balboa Island)RESOLUTION NO. 2009-26
RESOLUTION DECLARING ABANDONMENT OF PROCEEDINGS FOR
ASSESSMENT DISTRICT NO. 87 (BALBOA ISLAND).
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. 87 (Balboa Island)
(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 on
April 29, 2009, all in accordance with Assessment Law;
WHEREAS, this City Council has received all ballots filed with the City Clerk prior
to the conclusion of the hearing, and the Assessment Engineer on behalf of the City
Clerk has counted all ballots for and against the formation of the Assessment District as
provided in Article XIIID; and
NOW, THEREFORE, the City Council of the City of Newport Beach does hereby
Determine, Order and Resolve as follows:
SECTION 1. The public hearing referred to in the recitals hereof has been duly
held, and each and every step in the proceedings prior to and including the hearing has
been duly and regularly taken.
SECTION 2. This City Council finds and determines based upon the Certificate
of Assessment Engineer who conducted the ballot tabulation that a majority of the
ballots received are in opposition to the assessment. In tabulating the ballots, the
ballots were weighted according to the proportional financial obligation of the affected
property.
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
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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.
PASSED, APPROVED AND ADOPTED at a regular rr6efing of the City Council of the
City of Newport Beach held on the 12th day of May, 09:`
ATTEST:
4- v ��
City Clerk
Mayor
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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. 87 (Balboa Island) was duly adopted on
May 12, 2009.
3. Reference is hereby made to a Resolution of Intention, Resolution No. 2009 -12,
adopted on the February 24, 2009 for a further and complete description of the works of
improvement and assessments proposed for Assessment District No. 87.
4. A map of the proposed boundaries of Assessment District No. 87 was filed in the
Office of the County Recorder of the County of Orange on February 27, 2009 in
Assessment District Maps Book 93, Page(s) 31 - 47.
EXECUTED this 1' " day of May, 2009.
J�-CG�/Ll t P- ��
CITY CL K
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, 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. 2009 -26 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 12th day of
May, 2009, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Henn, Rosansky, Curry, Gardner, Daigle, Mayor Selich
Noes: None
Absent: Webb
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 13th day of May, 2009.
(Seal)
City Clerk
Newport Beach, California