HomeMy WebLinkAbout6132 - Special Assessment Investigationr G
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LAW OFFIORS OF
RINIEL. HARVEY &
HELSINO
FOURTH FLOOR
1010 NORTH MAIN 8T.
SANTA ANA.
CALIFORNIA 92701
• J
RESOLUTION NO. 6132
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, DETERMINING
NECESSARY PROCEEDINGS FOR PUBLIC HEARING AND
NOTICE THEREOF WHERE PUBLIC CONVENIENCE AND
NECESSITY REQUIRE SPECIAL ASSESSMENT PROCEED-
INGS FOR THE ACQUISITION AND /OR IMPROVEMENT
OF PROPERTY WITHOUT COMPLIANCE WITH THE
"SPECIAL ASSESSMENT INVESTIGATION, LIMITATION
AND MAJORITY PROTEST ACT OF 1931. "
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALI-
FORNIA, DOES RESOLVE AND ORDER AS FOLLOWS:
Section 1: Prior to the adoption of any resolution by said City Council
of the City of Newport Beach to order public improvement or acquisition of
lands for public use, or both, and the expense and cost of such improvement
or acquisition is to be paid for in whole, or in any part, by special assess-
ments or through special assessment taxes upon lands, and it appears to
said City Council that the public convenience and necessity require such
improvement or acquisition, or both, and that proceedings should be had
and taken therefor without compliance with the provisions of the "Special
Assessment Investigation, Limitation and Majority Protest Act of 1931, " and
said City Council shall hold a public hearing upon the question of the public
convenience and necessity, and notice therefor shall be given in the time,
form and manner provided by law.
Section 2: Prior to the adoption of any resolution by said City Council
of the City of Newport Beach to order public improvement or acquisition of land:
for public use, or both, under the provisions of any act provided for the levy of
special assessments upon property, a resolution of preliminary determination
shall be passed and adopted by said City Council describing the proposed im-
provement or acquisition, or both, the boundaries of the district proposed to be
assessed for the cost thereof, and setting a time and place for hearing upon the
proposed improvement or acquisition, or both, when all interested persons may
file written objections and may appear and show cause why the City Council of
the City of Newport Beach should not find and determine that the public conven-
ience and necessity require said proposed improvement or acquisition, or both,
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LAW OFF1ce8 OF
RIMEL. HARVEY &
HELSING
FOURTH FLOOR
1010 NORTH MAIN 8T.
SANTA ANA.
CALIFORNIA 92701
a J
without compliance with the `Special Assessment Investigation, Limitation
and Majority Protest Act of 1931. "
Section 3: That a notice of the hearing hereinabove provided for shall
be given to all of the owners within the boundaries of the district proposed to
be assessed to pay the costs and expenses of said improvement or acquisition,
or both, as follows:
(a) A notice of hearing on the proposed improvement or
acquisition, or both, shall be posted for ten (10) full days on or
near the door of the chambers of the City Council of the City of
Newport Beach, State of California, the posting of which shall
be completed at least ten (10) days prior to the day fixed for hearing.
(b) A notice setting forth the time and place of hearing
upon the public convenience and necessity of said improvement or
acquisition, or both, shall be published in the ORANGE COAST
DAILY PILOT by at least two publications in two entire issues of
said newspaper, one being on one day and the other issue being on
a subsequent day of the same or a subsequent week, the first publi-
cation of which shall be at least ten (10) days prior to the date
fixed for the hearing. That the Clerk shall publish and post said
notices as hereinabove provided, and that said notices shall
briefly describe the proposed improvement or acquisition, or both.
(c) A notice setting forth the time and place of hearing upon
the public convenience and necessity of said improvement or acqui-
sition, or both, shall be mailed by the Clerk with postage prepaid
to all persons owning real property which is proposed to be
assessed to pay any part of the cost of the work, whose names and
addresses appear on the last equalized assessment roll or as known
to the Clerk. The Clerk shall cause said notice to be mailed at
least fifteen (15) days prior to the date fixed for the hearing, and said
notice shall briefly describe the proposed improvement or acquisi-
tion, or both.
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] I Section 4: That any persons owning, or having an interest in, real
2 property within the district proposed to be assessed for the cost and expense
3 of said improvement or acquisition, or both, may file with the Clerk, on or
• 4 before the date fixed for said hearing, written protests to the undertaking of
5 said proceedings without compliance with the provisions of the "Special Investi-
6 gation, Limitation and Majority Protest Act of 1931 "; and said protests shall
7 include a description of the property of the protestant and the nature of the
8 protest.
9 If there are no protests or objections filed as provided herein, or if
10 after said protests or objections have been duly heard and overruled, the City
i
11 Council may adopt its resolution finding and determining that the public conven-
12 ience and necessity require the proposed improvement, or acquisition, or both,
13 and that the provisions of the "Special Assessment Investigation, Limitation
141 and Majority Protest Act of 1931" shall not apply.
15 ADOPTED, SIGNED AND APPROVED this 26th day of April
16 1965.
18 ATTEST: Ivieryor
20 -t y yerk
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24 I, MARGERY SCIIROUDER, City Clerk of the City of Newport Beach,
do hereby certify that the foregoing Resolution was duly adopted at a
251 regular meeting of the City Council of the City of Newport Beach held on the
th day of April 1965, by the following vote, to -wit:
. 1 26 Parsons,
271 AYES: Councilmen Stoddard, Forgit, Cook, Gruber, Elder, Marshall
I
2$ NOES: Councilmen None
ABSENT: Councilmen None
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City-,Clerk o the City Nev
31 C alifornid
(SEAL)
32�
LAW OFFICES OF ' -
RIMEL.HARVEY& I �'
HELSING !I
POURTH FLOOR
1010 NORTH MAIN ST. I _
SANTA ANA. - 3
CALIFORNIA 99701 II
Eti_