HomeMy WebLinkAbout5693 - Special Assessment - River AvenueRESOLUTION NO. 5693
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH,- CALIFORNIA, DECLARING ITS
INTENTION TO ORDER THE CONSTRUCTION OF CERTAIN
IMPROVEMENTS, TOGETHER WITH APPURTENANCES AND
APPURTENANT WORK IN CONNECTION THEREWITH, IN
RIVER AVENUE, ALLEY AND CERTAIN OTHER STREETS
AND EASEMENTS 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, AND FIXING A TIME AND PLACE FOR
HEARING OBJECTIONS TO SAID WORK
THE CITY COUNCIL of the City of Newport Beach,
California, pursuant to the provisions of the "Improvement Act of
1911 ", being Division 7 of the Streets and Highways Code of the
State of California, DOES HEREBY RESOLVE AS FOLLOWS.
SECTION 1. That the public interest and convenience
require and it is the intention of the City Council-of the City
of Newport Beach, California, to order the following work to be
done, to wits
DESCRIPTION OF WORK
_(1) The construction of certain grading, pavement,
base, curb, gutter, sanitary sewers, sewer laterals, water mains,
water service connections, alley approach, fire hydrant and storm
drain, together with appurtenances and appurtenant work in
RIVER AVENUE
between a point approximately
35 feet Westerly of the center line
of Balboa Boulevard and Channel Place.
(2) The construction of certain grading, pavement,
. base, sanitary sewers, storm drain, curb and gutter, together with
appurtenances and appurtenant work in
BALBOA BOULEVARD
between points approximately 25 feet
Northerly of the Northerly line and
25 feet Southerly of the Southerly
line of River Avenue.
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(3). The construction of certain grading, pavement,
base, gutter, concrete block wall and chain link fence, together
with appurtenances and appurtenant work in the
FIRST ALLEY EASTERLY
OF BALBOA BOULEVARD
between River Avenue and Channel
Place,
including the construction of an alley approach and curb in
CHANNEL PLACE
at and adjacent to its inter-
section with said alley.
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PLANS,. PROFILES* DRAWINGS
AND SPECIFICATIONS
• SECTION 2. All of the said work and improvements to be
done shall be constructed upon the grades. along the lines, between
the points of the dimensionso at the places, and in the manner shown
on the planst profiles and drawings for said improvemento known as
Raver Avenue, Alley and certain other streets and easements, on file
in the office of the Director of Public Works, and except as
otherwise provided on said plans,, in further accordance with the
specifications for the construction of said improvements, said
specifications being on file in the office of the City Clerk of
said City, and to which plans, profiles, drawings and specifications
heretofore approved by the City Council of said City, reference
is hereby made for a further, full and more particular description
of said work, and they shall govern as to all details.
DESCRIPTION OF ASSESSMENT DISTRICT
SECTION 3. That the said contemplated work and improvement,
in the opinion of said City Council, is of more than local or ordinary
public benefit and of such a nature that the costs and expenses may
be assessed in proportion to the estimated benefits arising therefromt
and the said City Council hereby makes the expenses of the said
work and improvement, less the amount to be paid by the City of
Newport Beach as hereinafter provided, chargeable upon a district
which said district the said City Council hereby declares to be the
district benefited by said work and improvement and to be assessed
to pay the costs and expenses thereof and which district is described
as follows:
• All that certain territory of the City of Newport
Beach, California, exclusive of streets and alleys,
included within the exterior boundary line shown
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upon that certain map or plat for the Improvement of
• River Avenue,- Alley and Certain Other Streets and
Easements, heretofore approved by the City Council of
said City, indicating by said boundary line the extent
of the territory included within the proposed assessment
district, and which map or plat is on file in the office
of the Director of Public Works of said City.
Reference is hereby made to said map or plat for a further,
full and more particular description of said assessment
district, and the same map or plat so on file shall govern
for all details as to the extent of the said assessment
district.
DESCRIPTION OF BONDS
SECTION 4. That serial bonds, bearing interest at the rate
of six per cent (6 %) per annum, shall be issued to represent each
assessment of Fifty Dollars (550.00), or more, remaining unpaid for
thirty (30) days after the date of recording the warrant. Said
serial bonds shall extend over a period ending nine (9) years from
the second day of January next succeeding the next September lst follow-
ing their date. Payments on the principal of unpaid assessments and
interest thereon shall be made by property owners to the City Treasurer,
and the same shall be disbursed by said City Treasurer, all as provided
in the "Improvement Act of 1911 ", hereinafter referred to.
TIME AND PLACE OF HEARING
SECTION 5. NOTICE IS HERESY GIVEN, that on the 1'Z day
• of 1962, at the hour of 3O o'clock P.M., in the
Chambers of the City Council located in the City Hall of the City of
Newport Beach,. California, 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
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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.
IMPROVEMENT ACT
SECTION 6. 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 ", being Division 7 of the Streets and Highways Code of the State
of California.
PETITION FOR IMPROVEMENT
SECTION 7. That the proceedings for the aforesaid
improvement have been instituted upon a Petition filed by all of
the owners of more than sixty (60%) per cent in area of the property
proposed to be assessed for the improvement, which Petition waives
the provisions of Division 4 of the Streets and Highways Code of
the State of California.
That the City of Newport Beach will contribute out of the
Capital Outlay Fund the approximate amount of $16,500.00 toward
the cost of the storm drain construction, which amount is based on
the Engineer's cost estimate.
That the estimated cost of the improvement is $34,960.25.
PUBLICATION OF RESOLUTION
OF INTENTION
SECTION 8. The NEWPORT HARBOR ENSIGN, a newspaper published
and of general circulation in the City of Newport Beach, 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.
The City Clerk is directed to mail Notices of the adoption
of this Resolution of Intention to all persons owning real property
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• 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 Sections 5070, 5194 and 5195 of said
"Improvement Act of 1911 ", of the Streets and Highways Code of the
State of California.
POSTING OF NOTICE OF IMPROVEMENT
SECTION 9. The Superintendent of Streets of the City of
Newport Beach, California, shall cause to be conspicuously posted
along the 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 said Code.
SECTION 10. The City Clerk sball certify to the passage
of this Resolution and shall cause the same to be published twice
by two (2) separate, consecutive insertions in the above designated
newspaper. The first publication shall be made not less than
ten (10) days prior to the date of the public hearing stated herein.
APPROVED and ADOPTED by the City Council, signed by the
Mayor, and attested by the City Clerk this 26th day of
November, 1962.
A1T, TEST S ff,,
lv\ ScJI
• v CI 94Y CLERK
&et.� 9 !Z67'-
MAYOR OF THE CITY OF
NEWPORT BEACH, CALIFORNIA
�J
•
STATE OF CALIFORNIA )
COUNTY OF ORASGE SS
CITY OF NEWPORT BEACH
Iy MARGERY SCHROUDER, City Clerk of the City of Newport
Beach, California, DO HEREBY CERTIFY that the foregoing Resolution,
being Resolution No. 5693 , was duly passed, approved and
adopted by said City Council, approved and signed by the Mayor, and
attested by the City Clerk, all at a regular meeting of said City
Council.beld on the26th day of November, 1962, and that the same
was passed and adopted by the following vote,i to wit:
(SEAL)
AYES:
NOES:
ABSENT:
COUNCILMEN Stoddard, Gruber, Cook, Hart, Lorenz,
Marshall, Elder
COUNCILMEN None
COUNCILMEN None
DATED this 27th day of November, 1962.
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