HomeMy WebLinkAbout6899 - Assessment District 51 - West Newport Street & Alley Improvementsr
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RES0LUTION NO. 68"'
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH +DETERMINING THAT A MAJORITY
PROTEST DOES NOT EXIST.AGAINST THE P= IOPOSED
WORK TO BE DONE.WITHIN ASSESSMENT DISTRICT
NO. 51, OVE?,RULING.ALL PROTESTS AND 0RDS2ING
CERTAIN WORK TO. BE DONE IN SAID ASSESSMENT
DIST ,ICT PURSUANT TO THE fPIMPROVENLN"T ACT
OF 1911:1, WITHOUT COMPLIANCE WITH THE "SPECIAL
ASSESSMENT INVESTIGATION, LIMITATION ALIT")
MAiAJO2ITY FROTEST ACT.OF 193V AND- DI!13CTlNG
THAT Thu BIDS FOR SAID WORL. MAY 3Z .OPZYZJ,
EXA14INED AND DECLARED BY THE CITY CLER1Z
WHEREAS, on October 7, 1968, the City Council of the
City of Newport Beach adopted Resolution No. 6878 determining
necessary proceedings for waiver of the Special Assessment
Investigation, Limitation and Majority Protest Act of 1931,
Division 4 of the California Streets and Highways Code, in
connection with proposed Assessment District No. 51, and setting
a hearing for October 28, 1968, at the hour of 7 :30 p.m. before
the City Council; and
C -M, EAS, on October 7, 1968, the City Council also
adopted Resolution No. 6879 declaring its intention to order the
construction of certain street improvements in Assessment District
No. 51, pursuant to the Improvement Act of 1911, and setting
October 28, 1968, at the hour of 7.30 p.m. as the time for
presenting objections to said work to the City Council; and
WHEREAS, on October 28, 1968, a consolidated hearing
was held to consider protests to the construction of said street
improvements and to the waiver of compliance with the requirements
of the Special Assessment Investigation, Limitation and Majority
Protest Act of 1931, which hearing was ordered continued until
November 12, 1968, at the hour of 7 :30 p.m., in the City Council
Chamber; and
IMREAS, following said hearing on October 28, 1968,
the City Council adopted Resolution No. 6886, declaring its
intention to order certain changes in the territory to be included
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in said Assessment District No. 51 and setting a hearing to
consider any objections to the proposed changes for November 12,
1968, at the hour of 7:30 p.m. in the City Council Chamber; and
WHEREAS, the City Council has considered all protests
and objections, both written and oral, to the waiver of said
Special Assessment Investigation, Limitation and Majority Protest
Act of 1931, to the ordering of said work, and to the ordering of
certain changes in the territory to be included within said
Assessment District No. 51, as set forth in Resolution No. 6386;
NOW, THEREfORE, the City Council of the City of Newport
Beach DOES HUZERBY RESOLVE, DETERMINE AND ORDER, as follows:
Section 1. The public convenience and necessity require
that the proposed work and improvements in Assessment District
No. 51 be constructed without full compliance with the provisions
of the Special Assessment Investigation, Limitation and Majority
Protest Act of 1931, Division 4 of the California Streets and
Highways Code, and in lieu of such full compliance the City Council
elects to follow the provisions for waiver thereof as set forth in
Section 17 of Article XIII of the State Constitution.
Section 2. The City Council hereby finds and determines
that a majority protest does not exist and that the protests or
objections to the ordering of said work represent less than
one -half of the area of the property to be assessed for the
proposed improvement. It is hereby ordered that each of said
protests or objections is overruled.
Section 3. The public interest and convenience require
the work hereinafter described to be done and the City Council
therefore orders the following work to be done, in Assessment
District No. 51, to wit: The construction of street improvements
consisting of paving, curbs, gutters, sidewalks, drains, conduits
culverts and channels for drainage purposes in certain streets ar_
alleys. Said work shall also include the establishment and
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1 changing of grades in streets and alleys, public ways and rights of
2 way; the adjustment of grades on private property and the
3 construction of retaining walls, embankments and other structures
4 as necessary and appurtenant to the above described work, all as
5 more particularly described in Resolution of Intention No. 6879
6 adopted by the City Council on October 7, 1968, and Resolution of
7 Intention No. 6886 adopted by the City Council on October 28, 1968,
8 ordering certain changes in the territory to be included in said
9 assessment district, and in accordance with the plans, drawing
10 and specifications referred to in said resolutions.
11 Section 4. All of the work or improvements herein
12 ordered shall be accomplished and carried out pursuant to the
13 provisions of the Improvement Act of 1911, Division 7 of the
14 California Streets and Highways Code, and shall be done under the
15 direction of and to the satisfaction of the City Public Works
16 Director who is also the Superintendent of Streets.
17 Section 5. The City Clerk is directed to open, examine
18 and declare the proposals or bids at a public meeting after giving
19 notice of the time and place thereof in the notice inviting bids,
20 and the City Clerk shall report the results of the bidding to the
21 City Council at the next regular meeting after the opening of bids.]
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Section 6. The City Clerk is further directed to post
23 conspicuously on the bulletin board near the door to the City
24 Council Chambers, for not less than five (5) days, at least ten
25 (10) days prior to the date set for bid opening, a notice inviting
26 bids, and to publish said notice twice in the Newport Harbor Ensign
27 the first publication to be at least ten (10) days prior to the
28 date set for bid opening.
J` 29 ADOPTED this 127ti day of Nome tuber 1968.
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ATTEST:,, Mi or
321 CERTIFIED AS THE op
City Clerk CITY CLERK O
�A`C . OF NE i; EN .
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