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RESOLUTION NO. 2018-81 <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br />NEWPORT BEACH, CALIFORNIA, MAKING <br />DETERMINATIONS, CONFIRMING ASSESSMENTS AND <br />PROCEEDINGS, AND DESIGNATING THE <br />SUPERINTENDENT OF STREETS TO COLLECT AND <br />RECEIVE ASSESSMENTS AND TO ESTABLISH A SPECIAL <br />FUND FOR CITY OF NEWPORT BEACH ASSESSMENT <br />DISTRICT NO. 113 <br />WHEREAS, this City Council has heretofore adopted Resolution No. 2018-68 (the <br />"Resolution of Intention") declaring its intention to order the construction of the improvements <br />described in the Resolution of Intention (the "Improvements") and to form Assessment District <br />No. 113 (the "Assessment District") under the provisions of the Municipal Improvement Act of <br />1913 (Division 12 of the California Streets and Highways Code, "the Act"), <br />WHEREAS, this City Council has heretofore preliminarily approved a report prepared <br />under and pursuant to the Act and, in particular, Section 10204 of the California Streets and <br />Highways Code (the "Engineer's Report"); <br />WHEREAS, this City Council fixed November 27, 2018, at the hour of 7:00 p.m. at the <br />regular meeting place of the City Council, City Hall, 100 Civic Center Drive, Newport Beach, <br />California 92660, as the time and place of hearing protests and objections to the improvements <br />proposed in the Engineer's Report to be made, the extent of the Assessment District proposed <br />to be created and/or to the proposed assessment; <br />WHEREAS, the City Clerk has caused notice to be given of the passage of the <br />Resolution of Intention, the filing of the Engineer's Report and the time and place and purpose <br />of said hearing, all as required by the Act and by Section 53753(c) of the California <br />Government Code and Article XIIID, Section 4 of the California Constitution ("Article XIIID"); <br />WHEREAS, a final Engineer's Report (the "Final Report") has been prepared setting <br />forth the Improvements to be acquired and constructed, and the Final Report has been filed <br />with the City Council and has been available for review by the property owners within the <br />proposed Assessment District, <br />WHEREAS, at the time and place stated in the aforesaid notice, a hearing was duly <br />held by this City Council and, during the course of said hearing, the Final Report was duly <br />presented and considered, all written protests and objections received, if any, were duly <br />presented, read, heard and considered and all persons appearing at said hearing and desiring <br />to be heard in the matter of said Final Report were heard, and a full, fair and complete hearing <br />has been conducted; <br />