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RESOLUTION NO. 2016-5 <br /> A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br /> NEWPORT BEACH MAKING DETERMINATIONS, CONFIRMING <br /> ASSESSMENTS AND PROCEEDINGS AND DESIGNATING THE <br /> SUPERINTENDENT OF STREETS TO COLLECT AND RECEIVE <br /> ASSESSMENTS AND TO ESTABLISH A SPECIAL FUND FOR <br /> CITY OF NEWPORT BEACH ASSESSMENT DISTRICT NO. 111 <br /> WHEREAS, this City Council has heretofore adopted Resolution No. 2015-96 (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. 111 (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"); and <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"); and <br /> WHEREAS, this City Council fixed January 12, 2016, 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 to <br /> be created and/or to the proposed assessment; and <br /> WHEREAS, the City Clerk has caused notice to be given of the passage of the Resolution <br /> of Intention, the filing of the Engineer's Report and the time and place and purpose of said <br /> hearing, all as required by the Act and by Section 53753(c) of the California Government Code <br /> and Article XIIID, Section 4 of the California Constitution ("Article XIIID"); and <br /> WHEREAS, a final Engineer's Report (the "Final Report") has been prepared setting forth <br /> the Improvements to be acquired and constructed, and the Final Report has been filed with the <br /> City Council and has been available for review by the property owners within the proposed <br /> Assessment District; and <br />