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HomeMy WebLinkAbout6213 - Assessment District 49r • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 1 . RESOLUTION OF INTENTION NO. 6213 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE CONSTRUCTION OF STREET LIGHTING FACILITIES AND APPURTENANCES AND APPUR- TENANT WORK IN "ASSESSMENT DISTRICT NO. 49" IN THE CITY OF NEWPORT BEACH; DECLARING THE WORK AND IMPROVEMENT TO BE OF MORE THAN LOCAL OR ORDI- NARY PUBLIC BENEFIT AND DESCRIBING THE DISTRICT TO BE BENEFITED BY SAID WORK AND IMPROVEMENT AND TO PAY THE COSTS AND EXPENSES THEREOF; AND FIXING THE TIME AND PLACE FOR THE HEARING OF OBJECTIONS TO SAID WORK AND IMPROVEMENT THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALI- FORNIA, 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 I RESOLVE as follows: DESCRIPTION OF WORK 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 -wit: FIRST: The construction and installation of an ornamental street lighting system using Marbelite concrete standards, color- improved Mercury vapor lamps, and underground electrical distribution, and all other appurten- ances and appurtenant work in connection therewith; in SEASHORE DRIVE between Summit Street and 33rd Street, including work in the intersection of Seashore Drive and 33rd Street, as shown on Sheets Nos. 1 to 13, both inclusive, of the Plans hereinafter referred to; and in OLIVE STREET I between Seashore Drive and Ocean Front, as shown on Sheets Nos. 1, 2, 3 and 13 of said Plans; and in SONORA STREET between Seashore Drive and Ocean Front, as shown on Sheets Nos. 1, 2, 3 and 13 of said Plans; and in LAW OFFICES OF RIMEL. HARVEY & HELSING -1 FOURTH FLOOR 1010 NORTH MAIN ST. BANTA ANA. CALIFORNIA 92701 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29i 30 31 32 LAW OFFICES OF RIMEL. HARVEY & HELSING FOURTH FLOOR 1010 NORTH MAIN ST. SANTA ANA. CALIFORNIA 92701 NORDINA STREET between Seashore Drive and Ocean Front, as shown on Sheets Nos. 1, 2, 4 and 13 of said Plans; and in HIGHLAND STREET between Seashore Drive and Ocean Front, as shown on Sheets Nos. 1, 2, 4 and 13 of said Plans; and in GRANT STREET between Seashore Drive and Ocean Front, as shown on Sheets Nos. 1, 2, 4 and 13 of said Plans; and in FERN STREET between Seashore Drive and Ocean Front, as shown on Sheets Nos.. 1, 2, 4 and 13 of said Plans; and in ORANGE STREET between Seashore Drive and Ocean Front, as shown on Sheets Nos. 1, 2, 4 and 13 of said Plans; and in COLTON STREET between Seashore Drive and Ocean Front, as shown on Sheets Nos. 1, 2, 5 and 13 of said Plans; and in LUGONIA STREET between Seashore Drive and Ocean Front, as shown on Sheets Nos. 1, 2, 5 and 13 of said Plans; and in WALNUT STREET between Seashore Drive and Ocean Front, as shown on Sheets Nos. 1, 2, 5 and 13 of said Plans; and in CEDAR STREET between Seashore Drive and Ocean Front, as shown on Sheets Nos. 1, 2, 5 and 13 of said Plans; and in PROSPECT STREET between Seashore Drive and Ocean Front, as shown on Sheets Nos. 1, 2, 5 and 13 of said Plans; and in 62ND STREET between Seashore Drive and Ocean Front, as shown on Sheets Nos. 1, 2, 6 -2 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24' 25 26 27 28 29 30 31 32 uw OFFICES OF R1MEL. HARVEY & HELSING FOURTH FLOOR 1010 NORTH MAIN ST. SANTA ANA. CALIFORNIA 92701 and 13 of said Plans; and in 61ST STREET between Seashore Drive and Ocean Front, as shown on Sheets Nos. 1, 2, 6 and 13 of said Plans; and in 47TH STREET between Seashore Drive and River Avenue, as shown on Sheets Nos. 1, 2, 8 and 13 of said Plans; and in NEPTUNE AVENUE between 47th Street and 46th Street, as shown on Sheets Nos. 1, 2, 8 and 13 of said Plans; and in 46TH STREET between Seashore Drive and the Northeasterly boundary line of the assessment district, as shown on Sheets Nos. 1, 2, 9 and 13 of said Plans; and in 45TH STREET between Seashore Drive and the Northeasterly boundary line of the assessment district, as shown on Sheets Nos. 1, 2, 9 and 13 of said Plans; and in 44TH STREET between Seashore Drive and the Northeasterly boundary line of the assessment district, as shown on Sheets Nos.. 1, 2, 9 and 13 of said Plans; and in 43RD STREET between Seashore Drive and the Northeasterly boundary line of the assessment district, as shown on Sheets 1, 2, 10 and 13 of said Plans; and in 42ND STREET between Seashore Drive and the Northeasterly boundary line of the assessment district, as shown on Sheets Nos. 1, 2, 10 and 13 of said Plans; and in 41ST STREET between Seashore Drive and the Northeasterly boundary line of the assessment district, as shown on Sheets 1, 2, 10 and 13 of said Plans; and in 40TH STREET between Seashore Drive and the Northeasterly boundary line of the assessment district, as shown on Sheets Nos. 1, 2, 10 and 13 of said Plans; and in 39TH STREET -3- 0M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 301 31 32 LAW OFFICES OF RIMEL. HARVEY& HELSING FOURTH FLOOR 1010 NORTH MAIN ST. SANTA ANA. II CALIFORNIA 92701 CALIFORNIA 92701 II SANTA ANA, II CALIFORNIA 92701 ' between Seashore Drive and the Northeasterly boundary line of the assessment district, as shown on Sheets Nos. 1, 2, 10 and 13 of said Plans; and in 38TH STREET between Seashore Drive and the Northeasterly boundary line of the assessment district, as shown on Sheets Nos. 1, 2, 11 and 13 of said Plans; and in 37TH STREET between Seashore Drive and the Northeasterly boundary line of the assessment district, as shown on Sheets Nos. 1, 2, 11 and 13 of said Plans; and in 36TH STREET between Seashore Drive and the Northeasterly boundary line of the assessment district, as shown on Sheets Nos. 1, 2, 11 and 13 of said Plans; and in 35TH STREET between Seashore Drive and the Northeasterly boundary line of the assessment district, as shown on Sheets Nos. 1, 2, 11 and 13 of said Plans; and in 34TH STREET between Seashore Drive and the Northeasterly boundary line of the assessment district, as shown on Sheets Nos. 1, 2, 12 and 13 of said Plans; and in 33RD STREET between Seashore Drive and the Northeasterly boundary line of the assessment district, as shown on Sheets Nos. 1, 2, 12 and 13 of said Plans. PLANS, DRAWINGS AND SPECIFICATIONS SECTION 2: That all of the said work and improvement to be done as described in Section 1 of this Resolution 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 and Drawings for the construction of the said work and improvement in "ASSESSMENT DISTRICT NO. 49" for the City of Newport Beach, entitled "City of Newport Beach Public Works Department Assessment District No. 49 Street Lighting -- Seashore Drive Vicinity," and identified as Drawing No. E- 5000 -S, consisting of 13 sheets, numbered 1 to 13, inclusive, all of which plans and drawings are on file in the office of the CALIFORNIA 92701 1 tion provisions of said bonds provide a premium of five per cent (5 %) of the 2 unmatured principal in accordance with the provisions of Section 6464 of the 3 Streets and Highways Code of the State of California. 4 ESTIMATED COSTS AND EXPENSES 5 6 SECTION 5: That the estimated costs and expenses of said work and 7 improvement, inclusive of the incidental expenses of the proceedings under 8 said Resolution of Intention, are as follows: 9 Estimated costs of all incidental expenses . . . . . . . . . . . . . . . . . . $12,700.00 10 Estimated costs and expenses of the 11 work and improvement, excluding all incidental expenses. . . . . . . . . . . . $64,000.00 12 TOTAL ESTIMATED COSTS AND EXPENSES $76,700.00 13 14 TIME AND PLACE OF HEARING 15 16 SECTION 6: NOTICE IS HEREBY GIVEN that on the 25th day of 17 October , 1965, at the hour of 7:30 o'clock p.m., in the Chambers 18 of the City Council of said City of Newport Beach, in the City Hall of said 19 City at 3300 West Newport Boulevard, Newport Beach, Orange County, Cali - 20 fornia, any and all persons having any objections to the proposed work or 21 improvement, or to the extent of the assessment district, or to the proposed 22 grades, may appear and show cause why said work should not be done or 23 carried out in accordance with this Resolution of Intention. Protests must be 24 in writing and must contain a description of the property in which each signer 25 thereof is interested, sufficient to identify the same, and must be delivered 26 to the City Clerk of the said City of Newport Beach prior to the time set for 27 the hearing, and no other protests or objections will be considered. If the 28 signer of any protest is not awn upon the last equalized assessment roll of 29 Orange County as the owner of the property described in the protest, then 30 such protest must contain or be accompanied by written evidence that such 31 signer is the owner of the property so described. 32 LAW OFFICES OF RIMEL. HARVEY & HELSING FOURTH FLOOR 1010 NORTH MAIN ST. SANTA AN A. -7- CALIFORNIA 92701 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 201 21'. 22' 23 24 25 26 27 28 29 30 31. 32 LAW OFFICES OF RIMEL. HARVEY & HELSING FOURTH FLOOR 1010 NORTH MAIN ST. SANTA ANA. CALIFORNIA 92701 IMPROVEMENT ACT SECTION 7: 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 Cali- fornia, designated as the "Improvement Act of 1911," being Division 7 of the Streets and Highways Code of the State of California. That prior to the adoption of this resolution, the City Council of the City of Newport Beach, after proceedings duly and regularly held and hearing conducted, did adopt its Resolution No. 6149 on May 24, 1965, under and pursuant to the authority granted by Section 17 of Article )III of the Constitution of the State of Cali- fornia, finding and determining that public convenience and necessity require the improvements hereinabove mentioned and further finding and determining that the provisions of the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931`1 should not apply, and further determining that said improvement shall proceed in accordance with the provisions and under the terms and conditions of the "Improvement Act of 1911." PROPERTY OWNERS NOT TO TAKE CONTRACT SECTION 8: Pursuant to the provisions and the authority granted by Section 5260 of the Streets and Highways Code of the State of California, the City Council of the City of Newport Beach does hereby determine and declare that, in the opinion of this City Council, the public interest will not be served by allowing the property owners to take the contract and the property owners will not be allowed or permitted to take the contract. The City Council of said City of Newport Beach does further hereby determine and declare that the contractor to whom the contract is awarded may sign said contract immed- iately upon the award of the contract and must execute said contract and file the required bonds with said City of Newport Beach within twenty -five (25) days after the date of first publication of notice of award of contract. PUBLICATION OF RESOLUTION OF INTENTION SECTION 9: That THE NEWPORT HARBOR ENSIGN, a newspaper M 1 2 3 4 5 6 7 8 9 10 11'I 12' 13 14' 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 . 30 31 32 LAW Orric6s or R1MEL. HARVEY & HELSING FOURTH FLOOR I010 NORTH MAIN ST. SANTA ANA. CALIFORNIA 92701 printed, published 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 proceedings under this Resolution of Intention, unless otherwise provided. 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 assess- ment roll for City taxes, or as known to the Clerk, all in the manner and form provided for under Sections 5070, 5194 and 5195 of the said "Improve- ment Act of 1911" of said Streets and Highways Code. POSTING OF NOTICE OF IMPROVEMENT SECTION 10: That 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. FILING MAP OF ASSESSMENT DISTRICT SECTION 11: That the City Clerk is directed to endorse on the original and on at least one copy of the map or plat of the assessment district as referred to in Section 3 hereof her certificate evidencing the date and adoption of this Resolution of Intention, and she is further directed to file the original of such map or plat in her office, and within fifteen (15) days after the adoption of this resolution and in no event later than fifteen (15) days prior to the date of hearing as provided in Section 6 hereof, she is further directed to file a copy of said map or plat, with her endorsement thereon, with the County Recorder of Orange County, California, all in the manner and form provided for in Section 3111 of the Streets and Highways Code of the State of California. r 0 1 2 3 4 5 6 7 w 10 11 12 13 14 15 16 17. 18 19i 20 21 22 23 24 25 26 27 28 29 30 31 32 LAW OFFICES OF RIMEL. HARVEY & HELSING FOURTH FLOOR 1010 NORTH MAIN ST. SANTA ANA, CALIFORNIA 92701 ADOPTED, SIGNED AND APPROVED by the City Council of the City of Newport Beach, California, at a regular meeting thereof held this 13th day of September 1965. i Vice -Mayor ATTEST: City Cle k I, MARGERY SCHROUDER, City Clerk of the City of Newport Beach, do hereby certify that the foregoing Resolution was duly adopted at a regular meeting of the City Council of the City of Newport Beach held on the 13th day of September , 1965, by the following vote, to wit: AYES: Councilmen Parsons, Marshall, Elder, Cook, Foreit, Stoddard (SEAL) NOES: None ABSENT: Gruber City Clerk of th City of Newport Beach, alifo rnia -10- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF NEWPORT BEACH) I, MARGERY SCHROUDER, City Clerk of the City of Newport Beach, California, do hereby certify that according to the records of the City of Newport Beach filed and maintained in my office, the foregoing Resolution No. 6213 was duly and regularly adopted, passed, and approved by the City Council of the City of Newport Beach, California, at a regular meeting of said City Council held at the regular meeting place thereof, on the 13th day of September 1965 by the following vote, to wit: AYES, COUNCILMEN: Parsons, Marshall, Elder, Cook, Forgit, Stoddard NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Gruber Dated this 14th day of September 1965 ke Q�Q A-w J 4L9�s�r3�vLs City Cl rk a d Ex- Officio Clerk of the' City Council, City of Newport Beach, State of California, j