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RESOLUTION NO. 2001- 13 <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT <br />BEACH DECLARING THE RESULTS OF THE BALLOT TABULATION, <br />CONFIRMING THE ASSESSMENT, ORDERING THE ACQUISITION OF <br />IMPROVEMENTS, AND APPROVING THE ASSESSMENT <br />ENGINEER'S REPORT FOR ASSESSMENT DISTRICT NO. 79 <br />(BEACON BAY) <br />WHEREAS, this City Council previously adopted its Resolution of Intention <br />and instituted proceedings for the formation of a special assessment district designated <br />as ASSESSMENT DISTRICT NO. 79 (BEACON BAY) (hereinafter referred to as the <br />"Assessment District") to provide for street improvements including reconstructing, <br />curbs, gutters, and storm drains and for the conversion of certain overhead electrical <br />and communication facilities to underground locations, together with appurtenances and <br />appurtenant work in connection therewith, pursuant to the terms and provisions of <br />Ordinance No. 2000 -17 (the "Ordinance ") and the "Municipal Improvement Act of 1913 ", <br />being Division 12 of the Streets and Highways Code of the State of California (as <br />modified and supplemented by the Ordinance, the "Act'); and <br />WHEREAS, the City of Newport Beach (the "City ") holds the right, title, <br />and interest in and to the area of the City know as Beacon Bay, which area is <br />encompassed by the Assessment District; and <br />WHEREAS, the City divided the entirety of the area of Beacon Bay into <br />lots and, pursuant to the approval of the majority of electors voting in elections held on <br />November 3, 1987 and November 3, 1992, the City leased the lots for residential use or <br />common use for periods of fifty years (which leasehold interests are herein referred to <br />as the "Possessory Interests "); and <br />WHEREAS, a report (the 'Report") of the Assessment Engineer for the <br />Assessment District was prepared and presented to this City Council; and <br />WHEREAS, the Report, as preliminarily approved, contained all the <br />matters and items called for pursuant to the provisions of the Improvement Act and <br />pursuant to Article XIIID of the Constitution of the State of California ( "Article XIIID") and <br />the Proposition 218 Omnibus Implementation Act (commencing with Section 53750 of <br />the Government Code) (the 'Implementation Act') (the Improvement Act, Article XIIID <br />and the Implementation Act are referred to herein collectively as the "Assessment <br />Law "), including the following: <br />1. Plans and specifications of the improvements proposed to be acquired. <br />2. An estimate of the cost of acquisition of the improvements proposed to <br />be acquired. <br />1 <br />