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HomeMy WebLinkAbout1108 - Balboa Island Improvements - Tract 518i • RESOLUTION OF INTENTION No. 110 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DECLARING ITS IN- TENTION TO ORDER THE CONSTRUCTION OF A STEEL SHEET PILE BULKHEAD ADJACENT TO THE EASTERLY LINE OF BLOCK P OF TRACT NO. 518 IN SAID CITY; DECLARING THE WORK TO BE OF MORE THAN LOCAL OR ORDINARY PUBLIC BENEFIT AND DESCRIBING THE DISTRICT TO BE BENEFITED BY SAID WORK AND TO PAY THE COSTS AND EXPENSES THEREOF; AND DETER- MINING THAT BONDS SHALL BE ISSUED TO REPRESENT UNPAID ASSESSIVLENTS FOR THE COSTS AND EXPENSES AND FIXING A TIME AND PLACE FOR HEARING OB- JECTIONS TO SAID 17ORK. The City Council of the City of Newport Beach, Calif- ornia, pursuant to the provisions of the "Improvement Act of 1911," and amendments to the said Act,does resolve as follows: DESCRIPTION OF VIORK. SECTION 1. That the public interest and convenience require and that it is the intention of the City Council of the City of Newport Beach, California, to order the following work to be done, to -wit: The construction of a steel sheet pile bulkhead and appurtenances and appurtenant work adjacent and contiguous to the easterly line of Block P of Tract No. 518, as per map recorded in Miscellaneous Map Book 17, Pages 33 to 36 inclusive, Records of Orange County ,California, between the easterly prolongation of the southerly line of Lot 3 of said Block P and the easterly prolongation of the northerly line of Lot 15 of said Block P. all upon property owned by and within the City of Newport Beach, i • California. The said construction and improvement of the aforesaid bulkhead is deemed necessary and convenient to protect the streets, public ways and other property in said City from overflow by water . PLANS, PROFILES, SECTIONS AND SPECIFICATIONS. SECTION 2. All of the said work and improvement to be done, shall be constructed upon the grades, along the lines, between the points, of the dimensions, at the places and in the manner shown on the plans, profiles and sections for the improvement of said bulkhead, being Plan No. 403, on file in the office of the City Engineer of the said City, and shall be constructed of the materials and in the manner shown in and in accordance with the specifications heretofore approved by the City Council of the said City, and reference is hereby made to the said plans, profiles, sections and specifications for the full and detailed description of the said work, and by reference thereto the same are incor- porated herein and made a part hereof. DESCRIPTION OF ASSESSMENT DISTRICT. SECTION 3. That the said contemplated work and improvement, in the opinion of the said City Council, is of more than local or ordinary public benefit, and said City Council hereby makes the expenses of the said work and improvement chargeable upon a district, which said district said City Council hereby declares to • be the district benefited by the said work and improvement and to be assessed to pay the costs and expenses thereof, and which district is bounded and described as follows: -2- n u Beginning at the northwesterly corner of Lot 15 of Block P of Tract No. 518, as per map thereof recorded in Book 17, Pages 33 to 36 inclusive, of Miscellaneous Maps, Records of Orange County, California; thence easterly along the northerly line of said Lot 15 and the easterly prolongation of the said northerly line, a distance of 110 feet; thence southerly along a line parallel to the easterly line of said Tract No. 518, to am intersection with the easterly prolongation of the southerly line of Lot 3 of said Block P; thence westerly in a direct line to the south- westerly corner of said Lot 3; thence northerly along the westerly line of said Block P to the point of beginning. A map of said district, indicating by a boundary line the extent of the territory included within the proposed assess- ment district, numbered 402, approved by the City Council of said City on the 23rd day of February, 1937, and on file in the office of the City Clerk of said City, is attached to and forms a part of the written report of the City Engineer made pursuant to the provisions of the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931," as amended. Reference is hereby made to the said map so on file for a further, full and more complete description of the said assessment district, and the said map, so on file as aforesaid, shall govern for all details as to the extent of the said assessment district. DESCRIPTION OF BONDS. SECTION 4. That serial bonds to represent unpaid assess- ments and bearing interest at the rate of seven per cent (7p) per annum, shall be issued hereunder in the manner provided by the • "Improvement Bond Act of 1915," approved June 11th, 1915, and acts amendatory thereof and supplementary thereto, the last installment of which bonds shall mature nine (9) years from the second day of July next succeeding ten (10) months from their date. -3- • TIME AND PLACE OF HEARING. SECTION 5. NOTICE IS HEREBY GIVEN that on the 7 h day of iY%a� , 1937, at the hour of seven - thirty (7:30) o'clock P.M., in the Council Chamber of the City Council of the City of Newport Beach, any and all persons having any objections to the proposed work or improvement, or to the extent of the assessment district, or to the proposed grades, may appear and show cause why said work should not be done or carried out in accordance with this Resolution of Intention. Protests must be in writing and must be delivered to the City Clerk prior to the time set for the hearing. PUBLICATION OF RESOLUTION OF INTENTION. SECTION 6. "Newport News," a weekly newspaper published and circulated and of general circulation in the City of Newport Beach, California, is hereby designated as the newspaper in which this Resolution of Intention shall be published by the City Clerk, in the manner and form provided by law, and for making all other publications in the proceeding under this Resolution of Intention. The City Clerk is directed to mail notices of the adoption of this Resolution of Intention to all persons owning real property proposed to be assessed whose names and addresses appear on the last equalized assessment roll for city taxes, all in the manner and form provided for under Section 5 of the • "Improvement Act of 1911." POSTING OF NOTICE OF IMPROVEMENT. SECTION 7. The Street Superintendent of the City of Newport Beach shall cause to be conspicuously posted along the -4- • line of said contemplated work or improvement and along all open streets within the district liable to be assessed for said work, notices of the passage of this Resolution of Intention, in the time, form and manner provided by law. IMPROVEMENT ACT. SECTION 8. That all of the work herein proposed shall be done and carried through in pursuance of an Act of the Legislature of the State of California, designated the "Improvement Act of 1911," approved April 7th, 1911, and all acts amendatory thereof. That the written report of the City Engineer of the City of Newport Beach on the constructiomm of said bulkhead, as proposed, made pursuant to the provisions of the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931," as amended, is on file with the City Clerk and open to public inspection, and may be examined at his office. That Resolution of Intention No. 919, adopted on the 12th day of November, 1935, and Resolution Ordering Work No. 926, adopted on the 2nd day of December, 1935, and each of said resolutions and all subsequent proceedings had or taken thereunder, be and the same are hereby repealed, rescinded and set aside. PASSED AND ADOPTED by the City Council of the City of Newport Beach, California, at a regular adjourned meeting thereof held this � day of ri , 1937, by the following vote, to -wit: t • AYES: Co ncilmen NOES: Councilmen.d,,�_. -5- • ABSENT: Councilmen a � APPROVED: 1 ¢� MAYOR OF THE CITY OF NE,.�PORT BEACH, CALIFORNIA. I HEREBY C E R T I F Y that the above and foregoing Resolution of Intention was passed and adopted by the City Council of the City of Newport Beach, California, at the time and by the vote above stated. CITY CLERK OF THE CITY OF NEWPORT BEACH, CALIFORNIA. -6-