HomeMy WebLinkAbout2015-78 - Approving the Assessment Engineer’s Report and Fixing the Time and Place of the Public Hearing for Assessment District No. 117RESOLUTION NO. 2015-78
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH APPROVING THE ASSESSMENT
ENGINEER'S REPORT AND FIXING THE TIME AND
PLACE OF THE PUBLIC HEARING FOR ASSESSMENT
DISTRICT NO. 117
WHEREAS, by Resolution No. 2015-78 (the "Resolution of Intention") in the
proceedings for the formation of Assessment District No. 117 (the "Assessment
District") this City Council ordered a report (the "Report") prepared by PENCO
Engineering, Inc. (the "Assessment Engineer") under and pursuant to the provisions of
the Municipal Improvement Act of 1913, and, in particular, Section 10204 of the
California Streets and Highways Code; and
WHEREAS, the Assessment Engineer has prepared the Report and filed the
same with the City Clerk, and the City Clerk has presented the Report to this City
Council for consideration; and
NOW, THEREFORE, the Council of the City of Newport Beach does hereby
RESOLVE, as follows:
1. Approval of Report. The Report is approved, and the City Clerk is
directed to endorse the fact and date of such approval on the Report and to file the
Report in her office.
2. Legal Findings. Pursuant to Section 2961 of the Streets and Highways
Code and based on the information set forth in the Report, this City Council finds that
the total amount of the principal sum of all unpaid special assessments levied against
the parcels proposed to be assessed, other than contemplated by the present
proceedings, plus the principal amount of the special assessment proposed to be levied
in the instant proceedings, do not exceed one-half of the total value of the parcels
proposed to be assessed, as computed pursuant to paragraph (2) of subdivision (b) of
Section 2961.
Resolution No. 2015-78
Page 2 of 2
3. Public Hearing. A public hearing shall be held on November 24, 2015, at
7:00 p.m. at the regular meeting place of the City Council at City Hall Council
Chambers, 100 Civic Center Drive, Newport Beach, California 92660, to hear and
consider protests and objections to the proposed Assessment District and the Report
and to receive and count the ballots for and against the proposed Assessment District.
4. Notice. At least 45 days prior to the public hearing referred to in Section 3
hereof, the City Clerk shall cause a notice of the adoption of the Resolution of Intention,
the filing of the Report and the setting of time and place for said public meeting and the
public hearing referred to in Section 2 hereof to be mailed, postage prepaid, to all
persons owning real property proposed to be assessed and whose names and
addresses appear on the last equalized County of Orange assessment roll or the State
Board of Equalization assessment roil, as the case may be, or who are known to the
City Clerk. Such notice shall conform in all respects to the provisions of Section 53753
of the California Government Code and Article XIIID, Section 4 of the California
Constitution.
5. Resolution Effective Immediately. This Resolution shall take effect
immediately upon its adoption.
ADOPTED this 22nd day of September, 2015.
ATTEST:
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Leilani I. Brown
City Clerk
Edward D. Selich
Mayor
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STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
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. 2015-78 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 22nd day of September, 2015, and that the
same was so passed and adopted by the following vote, to wit:
AYES: Council Member Peotter, Council Member Petros, Mayor Pro Tem Dixon, Mayor
Selich
NAYS: None
ABSENT: Council Member Duffield
RECUSED: Council Member Curry, Council Member Muldoon
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 23rd day of September, 2015.
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City Clerk
Newport Beach, California