HomeMy WebLinkAbout2007-15 - Assessment District 94 PetitionRESOLUTION NO. 2007 -15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH RECEIVING A PETITION FOR, ADOPTING A MAP SHOWING THE
PROPOSED BOUNDARIES OF, AND MAKING APPOINTMENTS FOR
PROPOSED ASSESSMENT DISTRICT NO. 94 (PACIFIC DRIVE -
CORONA DEL MAR)
WHEREAS, this legislative body has received from certain property owners an
executed petition (the "Petition ") requesting the formation of a special assessment district,
to be designated as Assessment District No. 94 (Pacific Drive - Corona del Mar) (the
"Assessment District'), to provide for the conversion of certain overhead electrical and
communication facilities to underground locations as described in the Petition, together
with appurtenances and appurtenant work in connection therewith, pursuant to the terms
and provisions of the ordinances of the City of Newport Beach and the "Municipal
Improvement Act of 1913 ", being Division 12 of the Streets and Highways Code of the
State of California (the "Act');
WHEREAS, this legislative body finds that the Petition has been signed by owners
owning more than sixty percent (60 %) in area of all assessable property within the
boundaries of the proposed Assessment District;
WHEREAS, this legislative body has received a map (the "Map ") showing and
describing the boundary of the area proposed to be assessed in 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. The Petition shall be retained as a permanent record and remain open
to public inspection.
SECTION 3. The Map is hereby approved and adopted. The original map of the
boundaries of the proposed Assessment District and one copy thereof are to be filed in the
Office of the City Clerk.
SECTION 4. A certificate shall be endorsed on the original Map and on at least one
copy of the 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 Map shall be filed with the correct and
proper endorsements thereon with the County Recorder, all in the manner and form
provided in Section 3111 of the Streets and Highways Code of the State of California.
SECTION 5. Stephen G. Badum P.E., Director of Public Works for the City of
Newport Beach, 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 Act. 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 6. The Daily Pilot is hereby designated as the newspaper for all
publications as required by law and as necessaryfor the Assessment District proceedings.
SECTION 7. The firm of MuniFinancial is hereby appointed the Assessment
Engineer for the Assessment District proceedings and the contract for services submitted is
hereby approved.
SECTION 8. The firm of Fieldman Rolapp & Associates is hereby appointed the
Financial Advisor for the Assessment District proceedings and the contract for services
submitted is hereby approved.
SECTION 9. Robert E. Hassell, attorney at law, is hereby appointed to act as Bond
Counsel for the Assessment District and the contract for services submitted is hereby
approved.
SECTION 10. This legislative body hereby authorizes the establishment of a special
improvement fund for the Assessment District and into the improvement fund shall be
placed all proceeds from the sale of Assessment District bonds and cash collections. 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
special improvement fund. Any funds transferred into the special improvement fund (other
than proceeds from the sale of Assessment District bonds and cash collections) shall be
deemed a loan to the fund and shall be repaid out of the proceeds of the sale of
Assessment District bonds as authorized by Section 10210 of the Streets and Highways
Code of the State of California.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of
the City of Newport Beach held on the 13th day of March, 2007, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN
Henn, Curry, Selich, Webb, Daigle, Gardner, Mayor Rosansky
None
None
None
ATTEST:
City Clerk
2
Mayor
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LaVonne M. Harkless, 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. 2007 -15 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
13th day of March 2007, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Henn, Curry, Selich, Webb, Daigle, Gardner, Mayor Rosansky
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 14th day of March 2007.
(Seal)
City Clerk
Newport Beach, California