HomeMy WebLinkAbout96-72 - Appointments in a Special Assessment DistrictRESOLUTION NO. 96 -72
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH, CALIFORNIA, MAKING APPOINTMENTS IN A SPECIAL
ASSESSMENT DISTRICT
WHEREAS, the CITY COUNCIL of the CITY OF NEWPORT BEACH, CALIFORNIA, is considering
the formation of a special assessment district, pursuant to the terms and provisions of the "Municipal
• Improvement Act of 1913 ", being Division 12 of the Streets and Highways Code of the State of California,
for the installation of certain public works of improvement, together with appurtenances and appurtenant
work, said special assessment district to be known and designated as ASSESSMENT DISTRICT NO.
71 (BALBOA BOULEVARD) (hereinafter referred to as the "Assessment District "); and,
WHEREAS, at this time, this legislative body is desirous of making the required appointments and
designating persons to perform certain duties, in order to allow the proceedings to go forward to
completion in accordance with the provisions of law.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That the DIRECTOR OF PUBLIC WORKS is hereby appointed to perform all of the
duties and functions of the Superintendent of Streets as said duties are specified and designated in the
"Municipal Improvement Act of 1913 ", being Division 12 of the Streets and Highways Code of the State
of California, for the above - referenced Assessment District.
SECTION 3. That the place for recordation of the assessment roll and diagram shall be in the
Office of the Superintendent of Streets, and said assessment roll and diagram, upon recordation, shall
be kept as a permanent record.
SECTION 4. That the DAILY PILOT is hereby designated as the newspaper for all publications
as required by law and as necessary for completion of this Assessment District.
SECTION 5. That BERRYMAN & HENIGAR is hereby appointed the Assessment Engineer for
said proceedings, and said Assessment Engineer shall perform all of the duties and responsibilities as
set forth by law as they relate to said Assessment District.
SECTION 6. That BROWN, DIVEN & HENTSCHKE, Attorneys at Law, is hereby appointed to
act as Bond Counsel for the purposes of preparing proceedings and issuing an approving opinion
attesting to the validity of the proceedings and the enforceability of the bonds pursuant to a Special
Counsel Agreement as submitted herewith, which Agreement is hereby accepted and approved for
execution on behalf of the City.
SECTION 7. That this legislative body hereby establishes a special IMPROVEMENT FUND
designated by the name and number of the Assessment District, and into said fund shall be placed all
Res. 96 -72
proceeds from the sale of bonds and cash collections. In order to expedite the improvements or
acquisition under these proceedings and as authorized by law, funds from any available source may be
transferred into said special fund. Any funds transferred are a loan to the fund and shall be repaid out
of the proceeds of the sale of bonds as authorized by Section 10210 of the Streets and Highways Code
of the State of California.
•
ATTEST:
CITY CLERK
•
MAYOR
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF NEWPORT BEACH
1, LaVONNE HARKLESS, CITY CLERK of the CITY OF NEWPORT BEACH. CALIFORNIA, DO
• HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 96 -72 , was duly passed,
approved and adopted by the City Council, approved and signed by the Mayor, and attested by the City
Clerk, all at the Regular meeting of said City Council held on the 9th day of iQntember ,
1996, and that the same was passed and adopted by the following vote:
AYES: COUNCIL MEMBERS DEBAY, GLOVER, EDWARDS, WATT, O'NEIL, COX
NOES: COUNCIL MEMBERS NONE
ABSENT: COUNCIL MEMBERS HEDGES
ABSTAIN: COUNCIL MEMBERS NONE
EXECUTED this 10th day of Member , 1996, at Newport Beach, California.
�Ijlo,.t
CITY CLERK
CITY OF NEWPORT BEACH
STATE OF CALIFORNIA