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HomeMy WebLinkAbout83-86 - Assessment District 56 - China CoveRESOLUTION NO. 83 -86 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DECLARING ITS INTENTION TO HOLD A PUBLIC HEARING FOR THE PURPOSE OF DETERMINING WHETHER THE PROVISIONS OF THE "SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931" SHOULD OR SHOULD NOT APPLY TO THE PROCEEDINGS FOR THE UNDERGROUNDING OF UTILITIES IN ASSESSMENT DISTRICT NO. 56 (CHINA COVE) PURSUANT TO THE MUNICIPAL IMPROVEMENT ACT OF 1913. WHEREAS, the City Council of the City of Newport Beach intends to commence proceedings for the formation of an assess- ment district, pursuant to the provisions of the Municipal Improvement Act of 1913 (commencing with Section 10,000 of the California Streets & Highways Code), for the purpose of under - grounding utilites in that area of the City known as China Cove; said assessment district to be known as Assessment District No. 56; and WHEREAS, Division 4 of the California Streets & Highways Code, which is commonly referred to as the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 provides, in Section 2820 of said Act, that before a city council may order the construction of any public improvement or the acquisition of any property for public use, where the cost of such construction or acquisition is to be paid in whole or in part by special assessments or through special assessment taxes upon lands, the proceedings required by said Act must be followed; and WHEREAS, Section 2804 of the California Streets & High- ways Code provides that the provisions of this Special Assessment Investigation, Limitation and Majority Protest Act of 1931 shall • not apply to improvement proceedings conducted by a charter city, when said city has complied with the provisions of Section 17 Article XIII of the Constitution of the State of California; and WHEREAS, Section 17 of Article XIII of the Constitution provides, in part, as follows: • "Notwithstanding any provisions for debt limitation or majority protest as in this section, provided if, after the giving of such reasonable notice by publication and posting and the holding of such public hearing as the legislative body of any such chartered county, chartered city, or chartered city and county shall have proscribed, such legislative body by no less than four- fifths vote of all members thereof, finds and determines that the public convenience and necessity require such improvements or acquisitions, such debt limitation and majority protest provisions shall not apply..." and WHEREAS, it is the intention of the City Council of the City of Nepport Beach to hold a public hearing to determine whether the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 shall apply to the proceedings to establish Assessment District No. 56. NOW, THEREFORE, the City Council of the City of Newport Beach DOES HEREBY RESOLVE AND ORDER as follows: Section 1. Description of Proposed Assessment District No. 56 and Cost Estimate of Improvements The location of the land, the estimate cost and the nature of the work being considered within proposed Assessment District No. 56 are set forth in the "Preliminary Report on Pro- posed Assessment District No." 56 Undergrounding Utilities in China Cove, dated August 8, 1983, and shown on a map designated Exhibit "A ", showing the general location of the proposed improvements and the lands to be assessed to pay the cost thereof, which are on file and available upon request from the office of the City Clerk or the City Public Works Director for the City of Newport Beach. • Section 2. Time and Place NOTICE IS HEREBY GIVEN that September, 1983, at the hour of 7:30 Chambers of City Hall in the City of 3300 Newport Boulevard, Newport Beac persons having any objections to the -2- of Hearing. on the 26th day of p.m., in the Council Newport Beach, located at a, California. Any and all formation of the proposed Assessment District No. 56 without compliance with the Special Assessment Investigation, Limitation and Majority Protest Act of • 1931, may then appear and show cause why the City Council should not find and determine that the public convenience and necessity require that proceedings for the formation of the proposed special assessment district should be conducted without compliance with the provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931. Section 3. Notice 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 improvements, as follows: (a) Notice of a hearing on the proposed improvements shall be posted for 30 full days on the Newport Beach bulletin board located in the lobby adjacent to the City Clerk's Office in City Hall in the City of Newport Beach, and said posting shall be completed at least 30 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 improvements shall be published in the 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 publication of which shall be a least 10 days prior to the date fixed for the hearing. The City Clerk is directed to post and publish said notices as • hereinabvoe provided, said notices to include a brief description of the proposed improvements; (c) A notice setting forth the time and place of hearing upon the public convenience and necessity of said improvement shall be mailed by the City Clerk, with -3- • 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 30 days prior to the date fixed for the hearing. Section 4. Protests Any person owning, or having an interest in, real pro- perty within the district proposed to be assessed for the cost and expense of said improvements 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 of 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 protester and the nature of the protest. If there are no protests or objections filed as provided herein or, if, after said protest or objections have been duly heard and overruled, the City Council may adopt a reso- lution finding and determining that the public convenience and necessity require the proposed improvements, and if said resolu- tion is adopted by a vote of not less than four- fifths of all members of the City Council and provisions of the Special Assess- ment Investigation, Limitation and Majority Protest Act of 1931 shall not apply. ADOPTED this 22nd day of August , 1983. N'�11_MtV0U_1_erk t:!.,