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Resolution No. 2015-102 <br /> Page 2 of 5 <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; and <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 <br /> desiring to be heard in the matter of said Final Report were heard, and a full, fair and <br /> complete hearing has been conducted; and <br /> WHEREAS, this City Council has received all ballots filed with the City Clerk prior to <br /> the conclusion of the hearing, and the Assessment Engineer, on behalf of the City Clerk, has <br /> counted all ballots for and against the formation of the Assessment District as provided in <br /> Article XIIID; and <br /> WHEREAS, this City Council has considered the assessment proposed in the Final <br /> Report and the evidence presented at said hearing; and <br /> WHEREAS, under the provisions of Section 10424 of the California Streets and <br /> Highways Code, funds collected by the Director of Public Works acting as the Superintendent <br /> of Streets (the "Superintendent of Streets") pursuant to an assessment under the Municipal <br /> Improvement Act of 1913 are required to be placed in a special improvement fund designated <br /> by the name of the assessment proceeding. <br /> NOW, THEREFORE, the Council of the City of Newport Beach does hereby <br /> RESOLVE, as follows: <br /> 1. Recitals. The above recitals, and each of them, are true and correct. <br />