HomeMy WebLinkAbout2007-75 - Assessment District 92RESOLUTION NO. 2007- 75
RESOLUTION GIVING PRELIMINARY APPROVAL TO THE REPORT OF
THE ASSESSMENT ENGINEER FOR ASSESSMENT DISTRICT NO. 92
AND AN UNDERGROUND UTILITIES DISTRICT, SETTING A TIME AND
PLACE FOR A PUBLIC HEARING THEREON, AND ORDERING THE
INITIATION OF ASSESSMENT BALLOT PROCEDURES
WHEREAS, this legislative body has instituted proceedings for the formation of a
special assessment district designated as Assessment District No, 92 (hereinafter referred
to as the "Assessment District ") to provide forthe 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, the Assessment District area should be designated an underground
utilities district pursuant to Chapter 15.32 of the Code of Ordinances of the City of Newport
Beach (the "Ordinance ");
WHEREAS, a resolution of intention (the "Resolution of Intention ") forthe formation
of the Assessment District and the utility conversion 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 required by the
Resolution of Intention, Sections 10203 and 10204 of the Act, The Special Assessment
Investigation, Limitation, and Majority Protest Act of 1931, Article XIIID of the Constitution
of the State of California ( "Article XIIID "), andthe 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 ") and the Ordinance;
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 and preliminarily approved, as follows:
A. The plans and specifications for the proposed improvements to be
constructed, as contained in the Report, are hereby preliminarily approved
and adopted;
fi
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 real property interests within the Assessment District, as the same
existed at the time of the passage of said Resolution of Intention, each of
which 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 property interests in the
Assessment District, in proportion to the estimated special benefits to be
received by such property interests, respectively, from the improvements to
be constructed, 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 constructed 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, the proposed
assessments, and the designation of the area as an underground utilities district at
its regular meeting place, being the Council Chambers at 3300 Newport Boulevard,
Newport Beach, California, on January 22, 2008 at 7:00 p.m.
Pursuant to the provisions of the Assessment Law, each record owner of property
that is subject to the assessment has the right to submit an assessment ballot in favorof or
in opposition to the proposed assessment.
Assessment ballots will be mailed to the record owner of each property interest
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.
2
At the conclusion of the public hearing, the City Council shall cause the assessment
ballots timely received to be opened and 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 or cause to be mailed, 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 27th day of November, 2007, by the following vote:
AYES: Henn, Curry, Selich, Webb, Daigle, Gardner, Mayor Rosansky
NOES: None
ABSENT: None
ABSTAIN: None
Mayor
ATTEST:
M,
City jerk
3
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
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 -75 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
27th day of November 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 28th day of November 2007.
ity Clerk
Newport Beach, California
OF yaEVrp�.�
(Seal) u s'
Ok ,.�