HomeMy WebLinkAbout2008-68 - Map and Appointment for AD 99-2RESOLUTION NO. 2008 - 68
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. 99 -2 (BALBOA BOULEVARD ALLEY)
WHEREAS, certain property owners have requested the formation of a special
assessment district, to be designated as Assessment District No. 99 -2 (Balboa Boulevard
Alley) (the "Assessment District'), to provide for the conversion of certain overhead
electrical and communication facilities to underground locations as described in the map
hereinafter approved, together with appurtenances and appurtenant work in connection
therewith, pursuant to the terns 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');
WHEREAS, this legislative body 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 are 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
and 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., 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 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 Harris & Associates is hereby appointed the Assessment
Engineer for the Assessment District proceedings and the contract for services submitted is
hereby approved.
SECTION 7. 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 8. 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 9. 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 underthe 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 22nd day of July,A08.
ATTEST:
Us -10
City Clerk
E
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. 2008 -68 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
22nd day of July 2008, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Henn, Rosansky, Daigle, Curry, Webb, Gardner, Mayor Selich
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 23rd day of July 2008.
(Seal)
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City Clerk
Newport Beach, California