HomeMy WebLinkAbout2003-67 - Assessment District 75 - Balboa Business DistrictRESOLUTION NO. 2003 - 67
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH ADOPTING A MAP SHOWING THE PROPOSED BOUNDARIES
OF AND MAKING APPOINTMENTS FOR PROPOSED ASSESSMENT
DISTRICT NO. 75 (BALBOA BUSINESS DISTRICT)
WHEREAS, this legislative body finds it in the public interest to begin proceedings
forthe formation of a special assessment district designated as Assessment District No. 75
(Balboa Business District) (hereinafter referred to as the "Assessment District') to provide
for the conversion of certain overhead electrical and communication facilities to
underground locations within the Assessment District, 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');
and
WHEREAS, this legislative body has been presented and 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 Map is hereby approved and adopted. The original map of the
boundaries of the proposed Assessment District and one copy thereof is to be filed in the
Office of the City Clerk.
SECTION 3. 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
or 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 4. Stephen G. Badum P.E., Public Works Director of 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 5. The Daily Pilot is hereby designated as the newspaper for all
publications as required by law and as necessary for the Assessment District proceedings.
SECTION 6. The firm of GFB- Friedrich & Assoc., Inc., is hereby appointed the
Assessment Engineer for the Assessment District proceedings.
SECTION 7. Robert E. Hessell, 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 & 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 9th day of December, 2003, by the following vote:
AYES: Heffernan, Rosansky, Adams, Bromberg, Webb, Mayor Ridgeway
NOES: Nichols
ABSENT: None
ABSTAIN: None
ATTEST:
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City Clerk
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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. 2003 -67 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 9th
day of December, 2003, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Mayor Ridgeway
Noes: Nichols
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 10th day of December, 2003.
(Seal)
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City Clerk
Newport Beach, California