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HomeMy WebLinkAbout6878 - Assessment District 51 - West Newport Street & Alley Improvements• h THS:ajr 1^/7/68 RESOLUTION NO. 16878 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DETER1,1INING NECESSARY PROCEEDINGS FOR PUBLIC,0ARING AND NOTICE THEREOF CONCERNING A SPECIAL ASSESSMENT PROCEEDING rOaR'THri AC%UISITION AND /OR IMPROVEMENT OF PROPERTY WITHOUT COMPLIANCE WITH THE SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931 WHEREAS, Division 5 of the California Streets and Highways Code provides that the legislative body of a charter city may comply with the provisions of Division 4 of the California Streets and Highways Code, entitled "Special Assessment Investigation, Limitation and Majority Protest Act of 1931f0, by following the procedure set forth in Section 17 of Article VIII of the California State Constitution; and WHEREAS, the City Council intends to commence proceedings for the formation of an assessment district pursuant to the provisions of the Improvement Act of 1911 (commencing with Section 5000 of the California Streets and Highways Code), for the purpose of constructing street and alley improvements con- sisting of paving, curbs, gutters and sidewalks in that area of the city known as West Newport, said proposed assessment district to be known as Assessment District No. 51; and WHEREAS, the City Council proposes to adopt a resolution of intention describing the proposed improvement or acquisition, or bcth, the boundaries of the distract 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 should not find and determine that 40 the public convenience and necessity require the proposed improvement or acquisition, or both, and that proceedings for the formation of a a special assessment district should be conducted without compliance • with the provisions of the Special Assessment Investigation, . Limitation and Majority Protest Act of 1931; NOW; THEREFORE, the City Council of the City of Newport Beach DOES HEREEBY RESOLVE AND OFWER as follows: Section 1. The land within the proposed Assessment District No. 51 is shown on a map entitled "ASSESSNdENT DISTRICT NO. 51 IN THE CITY OF 1EWORT BEACH, ORANGE COUNTY, CALIFORNIA, West Newport Street and Alley Improvements ", and identified as Drawing No. M- 5111 -X, dated October 7, 1965, which map was heretofore approved by the City Council of the City of Newport Beach, and which map is on file in the office of the City Clerk and in the office of the City Public Works Director. Section 2. A notice of the hereinabove described hearing shall be given to all of the owners of property 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. Notice of a hearing on the proposed improvement or acquisition, or both, shall be posted for 10 full days on the Newport Beach bulletin board in the lobby of the City Hall near the entrance to the Council Chambers of the City Council of the City of Newport Beach, and said posting shall be completed at least 10 days prior to the date 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 Newport Harbor Ensign by at least two publications -2- 6r 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 publication of which shall be at least 10 days prior to the date fixed for the hearing. The City Clerk is directed to post and publish said notices as hereinabove provided, said notices to include a brief description of 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 acquisition, or both, shall be mailed by the City 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 they may be otherwise known to the City Clerk. Said notices shall be mailed at least 15 days prior to the date fixed for the hearing. Section 3. Any person owning, or having an interest in, real property within the district proposed to be assessed for the cost and expense of said improvement or acquisition, or both, may file with the City Clerk, on or before the date fixed for said hearing, a written protest to the undertaking of said proceedings without compliance with the provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931, and said protest shall include a description of the property of the protestant and the nature of the protest. If there are no protests or objections filed as provided herein, or if after said protests or objections have been duly heard and overruled, the City Council may adopt a resolution -3- Fri • finding and determining that the public convenience and necessity require the proposed improvement or acquisition, or both, and if said resolution is adopted by a vote of not less than four - fifths of all members of the City Council, the provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 shall not apply. ATTEST; City Oler ADOPTED this Y]Tb, day of 1968. Mayor R CERTIF15D AS THE ORIGI CITY CIEw of THE CITY of NEWP ®AYE: ......._ ............. -4-