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RESOLUTION NO. 2021-13 <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY <br />OF NEWPORT BEACH, CALIFORNIA, DECLARING ITS <br />INTENTION TO TAKE PROCEEDINGS PURSUANT TO <br />THE MUNICIPAL IMPROVEMENT ACT OF 1913 AND TO <br />ISSUE BONDS PURSUANT TO THE IMPROVEMENT <br />BOND ACT OF 1915, AND MAKE CERTAIN FINDINGS <br />AND DETERMINATIONS IN CONNECTION THEREWITH, <br />ALL RELATING TO THE FORMATION OF ASSESSMENT <br />DISTRICT NO. 120 <br />WHEREAS, the City Council of the City of Newport Beach ("City") desires to <br />provide certain property located in the City with the undergrounding of electric, telephone <br />and cable facilities, and the removal of poles, overhead wires, guys, anchors and <br />appurtenant work therewith as further described in Section 3 hereof ("Improvements") and <br />to order the formation of an Assessment District to pay the costs thereof under and <br />pursuant to the provisions of the Municipal Improvement Act of 1913 (the 1913 Act"); <br />WHEREAS, the proposed assessment district, if it is formed, is to be known and <br />designated as Assessment District No. 120 ("Assessment District"); <br />WHEREAS, the proposed boundaries of the Assessment District are shown on a <br />map which indicates by a boundary line the extent of the territory proposed to be included <br />in the Assessment District, which map is designated "Proposed Assessment District No. <br />120" ("Map"), which Map is on file in the office of the City Clerk; <br />WHEREAS, the City Council has been presented with petitions signed by at least <br />fifty percent (50%) of the property owners located within the boundaries of the proposed <br />Assessment District requesting the formation of the Assessment District to finance the <br />Improvements; <br />WHEREAS, pursuant to California Streets and Highways Code Section 5896.8, <br />there is on file with the City Clerk a certificate of Harris and Associates certifying the <br />sufficiency of such petitions; <br />WHEREAS, it appears to the City Council that the Assessment District should be <br />formed to finance the installation of said Improvements under the provisions of the 1913 <br />Act; <br />WHEREAS, the City Engineer, with the assistance of Harris and Associates, is <br />competent to make and file with the City Clerk the report with regard to the Improvements, <br />which report is required by the 1913 Act to be made and filed; <br />