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HomeMy WebLinkAbout2010-32 - Accepting Petition and Determining Sufficiency AD 100RESOLUTION NO. 2010 -32 RESOLUTION ACCEPTING PETITION AND DETERMINING SUFFICIENCY THEREOF FOR PROPOSED ASSESSMENT DISTRICT NO. 100 (13TH STREETIBALBOA BOULEVARD /ADAMS STREET /OCEAN FRONT) WHEREAS, the owners of certain real property situated in the City of Newport Beach (the "City ") have filed with the City Clerk several signed counterparts of a petition (the "Petition "), requesting that this City Council undertake special assessment proceedings to provide financing for the undergrounding of certain existing, overhead utility facilities, together with appurtenant work and improvements, as described therein (the `Proposed Project'), with the portion of the cost and expense of the Project which represents local, special benefit to be assessed against the benefited parcels of land in proportion to such special benefits; and WHEREAS, attached to the Petition is an exhibit map showing the proposed boundary for the area within which the parcels preliminarily proposed to be assessed (the "Subject Parcels ") are situated (the `Proposed Assessment District'); and WHEREAS, in accordance with Section 5896.7 of the Streets and Highways Code, the City Clerk has executed and submitted to this City Council a certificate to the effect that the Petition has been signed by persons owning lands constituting more than one -half of the area of the Subject Parcels, including more than five of the owners of the Subject Parcels; and WHEREAS, this City Council finds that the owners of more than one -half of the area of the land within the Proposed Assessment District which is proposed to be assessed, including more than five of the owners of the Subject Parcels as shown on the last equalized assessment roll of the County of Orange, have signed such petition and that the petition contains the matters required by Section 5896.5 of the Streets and Highways Code; NOW, THEREFORE, BE IT Determined, Resolved and Ordered as follows: SECTION 1. PETITION ACCEPTED. The Petition, as filed with the City Clerk, is hereby found to be legally sufficient and is accepted. SECTION 2. DETERMINATION TO UNDERTAKE PROCEEDINGS. The special assessment proceedings shall be undertaken pursuant to the Municipal Improvement Act of 1913, Section 4 of Article XIIID of the California Constitution and Section 53753 of the Government Code, and compliance with the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (commencing with Section 2800 of the Streets and Highways Code; the "1931 Act') shall be achieved in accordance with Part 7.5 of the 1931 Act. SECTION 3. PUBLIC INTEREST AND CONVENIENCE SERVED. This City Council hereby finds and determines that the public interest and convenience will be served by the taking of such proceedings. SECTION 4. ACTION IS FINAL. This action is "final' within the meaning of Section 3012 of the Streets and Highways Code. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Newport Beach held on the 13th day of April, 2010. ATTEST: , F City Clerk 1391215.2 OV Mayor STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, 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. 2010 -32 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 13th day of April, 2010, and that the same was so passed and adopted by the following vote, to wit: Ayes: Selich, Rosansky, Webb, Gardner, Daigle, Mayor Curry Noes: None Absent: None Abstain: Henn IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 14th day of April, 2010. 4 V , City Clerk Newport Beach, California (Seal)