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RESOLUTION NO. 2014 -95 <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT <br />BEACH AUTHORIZING THE CITY TO JOIN THE CALIFORNIAFIRST <br />PROGRAM, AND AUTHORIZING THE CALIFORNIA STATEWIDE <br />COMMUNITIES DEVELOPMENT AUTHORITY TO ACCEPT <br />APPLICATIONS FROM PROPERTY OWNERS, CONDUCT <br />CONTRACTUAL ASSESSMENT PROCEEDINGS AND LEVY <br />CONTRACTUAL ASSESSMENTS WITHIN THE TERRITORY OF THE <br />CITY OF NEWPORT BEACH <br />WHEREAS, the California Statewide Communities Development Authority <br />( "California Communities ") is a joint exercise of powers authority the members of which <br />include numerous cities and counties in the State of California, including the City of <br />Newport Beach (the "City "); and <br />WHEREAS, California Communities has established the CaliforniaFIRST <br />program (the "CaliforniaFIRST Program ") to allow the financing of certain renewable <br />energy, energy efficiency and water efficiency improvements (the 'Improvements ") <br />through the levy of contractual assessments pursuant to Chapter 29 of Division 7 of the <br />Streets & Highways Code ( "Chapter 29 ") and the issuance of improvement bonds (the <br />"Bonds ") under the Improvement Bond Act of 1915 (Streets and Highways Code <br />Sections 8500 and following) (the "1915 Act") upon the security of the unpaid <br />contractual assessments; and <br />WHEREAS, Chapter 29 provides that assessments may be levied under its <br />provisions only with the free and willing consent of the owner of each lot or parcel on <br />which an assessment is levied at the time the assessment is levied; and <br />WHEREAS, the City desires to allow the owners of property ( "Participating <br />Property Owners ") within the incorporated territory of the City to participate in the <br />CaliforniaFIRST Program and to allow California Communities to conduct assessment <br />proceedings under Chapter 29 within the incorporated territory of the City and to issue <br />Bonds under the 1915 Act to finance the Improvements; and <br />WHEREAS, California Communities will conduct assessment proceedings under <br />Chapter 29 and issue Bonds under the 1915 Act to finance Improvements; <br />WHEREAS, the City will not be responsible for the conduct of any assessment <br />proceedings; the levy or collection of assessments or any required remedial action in <br />the case of delinquencies in such assessment payments; or the issuance, sale or <br />administration of the Bonds or any other bonds issued in connection with the <br />CaliforniaFIRST Program; <br />