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HomeMy WebLinkAbout2004-48 - Assessment District 69-West NewportRESOLUTION NO. 2004 - 48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH MAKING FINDING ON A PETITION FOR, ADOPTING A MAP SHOWING THE PROPOSED BOUNDARIES OF, AND MAKING APPOINTMENTS FOR PROPOSED ASSESSMENT DISTRICT NO. 69 (WEST NEWPORT) 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. 69 (West Newport) (the "Assessment District "), to provide for the conversion of certain overhead electrical and communication facilities to underground locations as described in the Petition, togetherwith 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, the Development Engineer of the City of Newport Beach has certified to this legislative body that the Petition has been signed by owners owning more than fifty percent (50 %) in area of all assessable property within the boundaries of the proposed Assessment District, 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 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 is 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 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 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 necessary forthe Assessment District proceedings. SECTION 7. The firm of Harris & Associates is hereby appointed the Assessment Engineer forthe 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. The firm of Stradling Yocca Carlson & Rauth is hereby appointed the Disclosure Counsel for the Assessment District proceedings and the contract for services submitted is hereby approved. SECTION 10. 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 11. 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 improvementfund (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. 2 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Newport Beach held on the 8th day of June, 2004, by the following vote: AYES: Adams, Bromberg, Webb, Nichols, Mayor Ridgeway NOES: None ABSENT: None ABSTAIN: Heffernan, Rosansky ATTEST: City Clerk 3 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. 2004 -48 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 8th day of June, 2004, and that the same was so passed and adopted by the following vote, to wit: Ayes: Adams, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Absent: None Abstain: Heffernan, Rosansky IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 9th day of June, 2004. (Seal) City Clerk Newport Beach, California