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HomeMy WebLinkAbout2009-35 - Assessment District 103RESOLUTION NO. 2009 - 35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING A MAP SHOWING THE PROPOSED BOUNDARIES OF, AND MAKING APPOINTMENTS FOR, PROPOSED ASSESSMENT DISTRICT NO. 103 (G STREET /EAST BALBOA BULEVARD /CHANNEL ROAD /OCEAN BOULEVARD) WHEREAS, certain property owners owning more than sixty percent (60 %) of the area of all assessable lands within the proposed assessment district, including more than five such property owners, have submitted a signed petition to the City Clerk, requesting the formation of a special assessment district, to be designated as Assessment District No. 103 (G St/E Balboa Blvd /Channel Rd /Ocean Blvd) (the "Assessment District'), to provide for the conversion of certain overhead electrical and communication facilities to underground locations as described in the map hereinafter approved, together with appurtenances and appurtenant work in connection therewith, pursuant to the terms and provisions of the ordinances of the City of Newport Beach (the "City") and the "Municipal Improvement Act of 1913" (the "1913 Act"), being Division 12 of the California Streets and Highways Code (the "Code "), which incorporates by reference the provisions of Chapter 28 of Part 3 of the "Improvement Act of 1911," (the 1911 Act "), being Division 7 of the Code; and WHEREAS, the City Clerk has issued and has presented this City Council with a certificate of sufficiency pursuant to Section 5896.7 of the Code, certifying that the petitions have been signed by the requisite number of qualified signers as specified by Section 5896.5 of the Code; and WHEREAS, this City Council body has received a map (the "Boundary Map "), showing and describing the proposed boundary of the Assessment District; NOW, THEREFORE, BE IT Determined, Resolved, and Ordered as follows: SECTION 1. The above recitals are all true and correct. SECTION 2. This City Council hereby finds and determines that the Boundary Map is in the form and contains the matters specified by Section 3110 of the Code, and the Boundary Map is hereby approved and adopted. The original and one copy of the Boundary Map are to be filed in the office of the City Clerk. SECTION 3. A certificate shall be endorsed on the original and at least one copy of the Boundary Map evidencing the date and adoption of this Resolution, and within fifteen (15) days after the adoption of a resolution fixing the time and place of hearing on the formation and extent of the Assessment District, a copy of the Boundary Map shall be filed with the correct and proper endorsements thereon with the Orange County Recorder, all in the manner and form provided in Section 3111 of the Code. SECTION 4. Stephen G. Badum P.E., Director of Public Works for the City, is hereby appointed to perform all of the duties and functions of the Superintendent of Streets for the Assessment District as said duties are specified and designated in the 1913 Act. 1 DOCS00 1329848v2/022459 -0020 The place for recordation of the assessment roll and diagram shall be in the office of the appointed Superintendent of Streets, and said assessment roll and diagram, upon recordation, shall be kept as a permanent record. SECTION 5. The Daily Pilot is hereby designated as the newspaper for all publications as required by law and as necessary for the Assessment District proceedings. SECTION 6. The firm of Harris & Associates is hereby appointed the Assessment Engineer for the Assessment District proceedings. SECTION 7. This City Council hereby authorizes the establishment of a special improvement fund for the Assessment District (the "Improvement Fund ") and into the Improvement Fund shall be placed all cash collections and all proceeds from the sale of Assessment District bonds. In order to expedite the improvements to be made under the Assessment District proceedings and as authorized by law, funds from any available source may be transferred into the Improvement Fund. Any funds transferred into the Improvement Fund (other than cash collections and proceeds from the sale of Assessment District bonds) shall be deemed a loan to the Improvement Fund and shall be repaid out of the proceeds of the sale of Assessment District bonds as authorized by Section 10210 of the Code. PASSED, APPROVED AND ADOPTED at a reguKry eeting of he City Council of the City of Newport Beach held on the 9h day of June, 2 AT TEST: DOCSOC/ 1329848v2/022459 -0020 STATE OF CALIFORNIA } COUNTY OF ORANGE } as. 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 -35 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 9th day of June, 2009, and that the same was so passed and adopted by the following vote, to wit: Ayes: Henn, Rosansky, Curry, Webb, Gardner, Daigle, Mayor Selich Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 10th day of June, 2009. (Seal) City Clerk Newport Beach, California