HomeMy WebLinkAbout2000-44 - Assessment District 78 - Little Balboa Island• RESOLUTION NO. 2000 -44
RESOLUTION GIVING PRELIMINARY APPROVAL TO THE REPORT OF THE
ASSESSMENT ENGINEER, SETTING A TIME AND PLACE FOR A PUBLIC
HEARING AND ORDERING THE INITIATION OF ASSESSMENT BALLOT
PROCEDURES FOR ASSESSMENT DISTRICT NO. 78
WHEREAS, this legislative body has instituted proceedings for the formation of a special
assessment district designated as ASSESSMENT DISTRICT NO. 78 (LITTLE BALBOA ISLAND)
(hereinafter referred to as the "Assessment District') to provide for the conversion of certain overhead
electrical and communication facilities to underground locations, together with appurtenances and
appurtenant work in connection therewith, 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 (the "Act');
WHEREAS, a resolution of intention (the "Resolution of Intention ") for the formation of the
Assessment District and the construction of the conversion improvements was previously adopted by
this legislative body;
WHEREAS, there has been prepared and filed with this legislative body for its consideration
a Report of the Assessment Engineer (the "Report") as provided for in and required by the Resolution
is of Intention, Sections 10203 and 10204 of the Act, Article XIIID of the Constitution of the State of
California ( "Article XIIID"), and the Proposition 218 Omnibus Implementation Act (commencing with
Section 53750 of the Government Code) (the "Implementation Act') (the Act, Article XIIID and the
Implementation Act are referred to herein collectively as the "Assessment Law ");
NOW, THEREFORE, It is hereby Determined, Resolved, and Ordered as follows:
SECTION 1. The above recitals are all true and correct.
SECTION 2. The Report is adopted, passed upon, and preliminarily approved, as follows:
A. The plans and specifications for the improvements proposed to be acquired, as contained
in the Report, are hereby preliminarily approved and adopted;
B. The Assessment Engineer's estimate of the itemized and total costs and expenses of the
construction of the improvements and of the incidental expenses in connection therewith
contained in the Report, and each of them are hereby preliminarily approved and
adopted;
C. The diagram showing the Assessment District referred to and described in the Resolution
of Intention, and also the boundaries and dimensions of the respective subdivisions of
land within the Assessment District, as the same existed at the time of the passage of
said Resolution of Intention, each of which subdivisions have been given a separate
number upon the diagram, as contained in the Report, is hereby preliminarily approved
and adopted;
• D. The proposed assessment upon the several subdivisions of land in the Assessment
District, in proportion to the estimated special benefits to be received by such
subdivisions, respectively, from the improvements to be acquired, and of the incidental
expenses thereof, as contained in the Report, are hereby preliminarily approved and
adopted;
E. The descriptions of the improvements to be acquired contained in the Report are hereby
preliminarily approved.
SECTION 3. The Report shall stand as the Assessment Engineer's Report for the purpose of all
subsequent proceedings had pursuant to the Resolution of Intention.
SECTION 4. NOTICE IS HEREBY given that the City Council of the City Of Newport Beach will
hold a public hearing on the assessment district and the proposed assessments at its regular meeting
place, being the Council Chambers at 3300 Newport Boulevard, Newport Beach, California, on July 11,
2000 at 7:00 p.m.
Pursuant to the provisions of the Assessment Law, each record owner of property proposed to
be assessed has the right to submit an assessment ballot in favor of or in opposition to the proposed
assessment.
Assessment ballots will be mailed to the record owner of each parcel located within the
assessment district and subject to a proposed assessment. Each such owner may complete such ballot
• and thereby indicate their support for or opposition to the proposed assessment. All such ballots must
be received by the city clerk at the following address at or before the time set for the close of the public
hearing:
City Clerk
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92658
A postmark prior to such date and time will not be sufficient.
At the conclusion of the public hearing, the City Council shall cause the assessment ballots
timely received to be tabulated. If a majority protest exists, the City Council shall not impose an
assessment within the assessment district. A majority protest exists if, upon the conclusion of the public
hearing, assessment ballots submitted in opposition to the assessments within the assessment district
exceed the ballots submitted in favor of such assessments. In tabulating the ballots, the ballots shall be
weighted according to the proportional financial obligation of the affected property.
SECTION 5. The City Clerk is hereby directed to mail, in the form and manner prescribed in the
Assessment Law and at least 45 days prior to the date of the public hearing, notice of the public hearing
and the adoption of the Resolution of Intention and of the filing of the Report, together with the
assessment ballot materials, to the record owners of all real property proposed to be assessed.
SECTION 6. The City Clerk is hereby further directed to file a copy of the proposed boundary map
in the Office of the County Recorder within fifteen (15) days of the adoption of this resolution; said
• boundary map to be filed in the manner and form as set forth in Division 4.5 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 23rd day of May, 2000, by the following vote:
AYES: Thomson, Adams, Ridgeway, O'Neil, Mayor Noyes
NOES: None
ABSENT: Glover, Debay
ABSTAIN: None
ATTEST:
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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. 2000 -44 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
23rd day of May, 2000, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Thomson, Adams, Ridgeway, O'Neil, Mayor Noyes
Noes: None
Absent: Glover, Debay
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 24th day of May, 2000.
o q f M. 4wj,",
City Clerk
Newport Beach, California