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RESOLUTION NO. 2000 -106 <br />RESOLUTION GIVING PRELIMINARY APPROVAL TO THE REPORT OF THE <br />ASSESSMENT ENGINEER. SETTING A TIME AND PLACE FOR A PUBLIC <br />HEARING AND ORDERING THE INITIATION OF ASSESSMENT BALLOT <br />PROCEDURES FOR ASSESSMENT DISTRICT NO. 79 <br />WHEREAS, this legislative body has instituted proceedings for the formation of a special <br />assessment district designated as ASSESSMENT DISTRICT NO. 79 (BEACON BAY) (hereinafter <br />referred to as the "Assessment District') to provide for street improvements including resurfacing, curbs, <br />gutters, and storm drains and for the conversion of certain overhead electrical and communication <br />facilities to underground locations; together with appurtenances and appurtenant work in connection <br />therewith, pursuant to the terms and provisions of Ordinance No. 2000 -17 (the "Ordinance ") and the <br />"Municipal Improvement Act of 1913 ", being Division 12 of the Streets and Highways Code of the State <br />of California (the "Act'), as said Act is modified and supplemented by the Ordinance; <br />WHEREAS. a resolution of intention (the "Resolution of Intention ") for the formation of the <br />Assessment District and the construction of the street improvements and utility conversion was previously <br />adopted by this legislative body; <br />WHEREAS, there has been prepared and filed with this legislative body for its consideration a <br />Report of the Assessment Engineer (the "Report") as provided for in and required by the Resolution of <br />Intention, Sections 10203 and 10204 of the Act, Article XIIID of the Constitution of the State of <br />California ("Article XIIID "), and the Proposition 218 Omnibus Implementation Act (commencing with <br />Section 53750 of the Government Code) (the "Implementation Act') (the Act, Article XIIID, the <br />Ordinance, and the Implementation Act are referred to herein collectively as the "Assessment Law "); <br />NOW, THEREFORE, It is hereby Determined, Resolved, and Ordered as follows: <br />SECTION I. The above recitals are all true and correct. <br />SECTION 2. The Report is adopted, passed upon, and preliminarily approved, as follows: <br />A. The plans and specifications for the improvements proposed to be constructed, as <br />contained in the Report, are hereby preliminarily approved and adopted; <br />B. The Assessment Engineer's estimate of the itemized and total costs and expenses of the <br />construction of the improvements and of the incidental expenses in connection therewith <br />contained in the Report. and each of them are hereby preliminarily approved and adopted; <br />C. The diagram showing the Assessment District referred to and described in the Resolution <br />of Intention, and also the boundaries and dimensions of the respective possessory <br />interests within the Assessment District, as the same existed at the time of the passage of <br />said Resolution of Intention, each of which have been given a separate number upon the <br />diagram, as contained in the Report. is hereby preliminarily approved and adopted; <br />