HomeMy WebLinkAbout96-75 - Special Assessment District 71 - Balboa BoulevardRESOLUTION NO. 96 -75
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, PASSING ON THE "REPORT"
OF THE ENGINEER, GIVING PRELIMINARY APPROVAL, AND
SETTING A TIME AND PLACE FOR PUBLIC HEARINGS
WHEREAS, the CITY COUNCIL of the CITY OF NEWPORT BEACH, CALIFORNIA, has instituted
proceedings for the installation of certain public works of improvement and appurtenances under
• provisions of the "Municipal Improvement Act of 1913 ", being Division 12 of the Streets and Highways
Code of the State of California, in a special assessment district known and designated as ASSESSMENT
DISTRICT NO. 71 (BALBOA BOULEVARD) (hereinafter referred to as the "Assessment District "; and,
WHEREAS, said "Report" is a combined "Report", consolidating the requirements of both the
"Municipal Improvement Act of 1913" and the "Special Assessment Investigation, Limitation and Majority
Protest Act of 1931"; and
WHEREAS, a Resolution of Intention for this improvement was previously adopted by the
legislative body; and the "Report" as now presented shall stand as the "Report" for the purpose of
subsequent proceedings hereunder.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That the "Report" of the Engineer referred to hereinabove is adopted, passed upon,
and preliminarily approved, as follows:
A. That the plans and specifications for the proposed improvements to be made,
contained in said "Report" be, and they are hereby preliminarily approved and adopted;
B. That the Engineer's estimate of the itemized and total costs and expenses of
the improvements and of the incidental expenses in connection therewith contained in said "Report", be,
and each of them are hereby preliminarily approved and adopted;
C. That the diagram showing the Assessment District referred to and described
in said Resolution of Intention, and also the boundaries and dimensions of the respective subdivisions
of land within said Assessment District, as the same existed at the time of the passage of said Resolution
of Intention, each of which subdivisions have been given a separate number upon said diagram, as
contained in said "Report", be, and it is hereby preliminarily approved and adopted;
D. That the proposed assessment upon the several subdivisions of land in said
Assessment District, in proportion to the estimated benefits to be received by such subdivisions,
respectively, from said improvements, and of the incidental expenses thereof, as contained in said
"Report", be, and they are hereby preliminarily approved and adopted;
Res. 96 -75
E. That the descriptions of the works of improvement contained in said "Report"
be, and the same are, hereby preliminarily approved.
F. That the total amount of unpaid and /or previously levied special assessments
if any, as set forth, are preliminarily approved;
G. That the valuation data, including the true value of the land an Improvements,
• as determined from the cash values of the parcels as shown upon the last equalized assessment roll of
the County is hereby preliminarily approved.
SECTION 3. That said "Report" shall stand as the Engineer's "Report" for the purpose of all
subsequent proceedings had pursuant to said Resolution of Intention.
SECTION 4. NOTICE IS HEREBY GIVEN THAT TWO (2) PUBLIC HEARINGS ARE HEREBY
SCHEDULED IN THE REGULAR MEETING PLACE OF THIS LEGISLATIVE BODY, BEING THE
COUNCIL CHAMBERS, CITY HALL, AT THE FOLLOWING DATES AND TIMES:
A. FIRST PUBLIC HEARING:
B. SECOND PUBLIC HEARING
SEPTEMBER 23, 1996 AT 7:00 P.M.
OCTOBER 28, 1996 AT 7:00 P.M.
ANY AND ALL PERSONS HAVING ANY OBJECTIONS TO THE PROPOSED
WORK, OR ASSESSMENT, OR EXTENT OF THE ASSESSMENT DISTRICT, OR TO THE PROPOSED
GRADES, MAY APPEAR AND SHOW CAUSE WHY SAID WORK SHOULD NOT BE DONE OR
CARRIED OUT IN ACCORDANCE WITH THE RESOLUTION OF INTENTION AND THE "REPORT" OF
THE ENGINEER. PROTESTS MUST BE IN WRITING AND MUST BE DELIVERED TO THE CITY
CLERK AT OR BEFORE THE TIME SET FOR THE PUBLIC HEARING.
IF A WRITTEN PROTEST IS FILED BY OWNERS OF MORE THAN ONE -HALF
OF THE AREA OF LAND TO BE ASSESSED, NO FURTHER PROCEEDINGS SHALL BE TAKEN FOR
A PERIOD OF ONE YEAR, UNLESS THE PROTESTS ARE OVERRULED BY AN AFFIRMATIVE VOTE
OF 4/5'S OF THE MEMBERS OF THE LEGISLATIVE BODY, FINDING THAT THE PUBLIC HEALTH
AND SAFETY REQUIRE THE IMPROVEMENTS.
SECTION 5. That the City Clerk is hereby directed to mail notice of said Public Hearings and
the adoption of the Resolution of Intention and of the filing of the "Report" to all persons owning real
property proposed to be assessed, whose names and addresses appear on the last equalized
assessment roll for County taxes prior thereto, or as known to said City Clerk, and to all other persons
• as prescribed in accordance with the provisions of said Division 12.
Res. 96 -75
SECTION 6. That the City Clerk is hereby further directed to file a copy of the proposed
boundary map in the Office of the County Recorder within fifteen (15) days of the adoption of the
proposed boundary map; said boundary map to be in the manner and form as set forth in Division 4.5
of the Streets and Highways Code of the State of California.
•
ATTEST:
CITY CLERK
•
�IA�
MAYOR
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF NEWPORT BEACH
I, LaVONNE HARKLESS, CITY CLERK of the CITY OF NEWPORT BEACH, CALIFORNIA, DO
• HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 96 -75 , was duly passed,
approved and adopted by the City Council, approved and signed by the Mayor, and attested by the City
Clerk, all at the Regular meeting of said City Council held on the 9th day of September
1996, and that the same was passed and adopted by the following vote:
AYES: COUNCIL MEMBERS DEBAY, GLOVER, EDWARDS, WATT, OrNEIL, COX
NOES: COUNCIL MEMBERS NONE
ABSENT: COUNCIL MEMBERS HEDGES
ABSTAIN: COUNCIL MEMBERS NONE
EXECUTED this 10th day of September // , 1996, at Newport Beach, California.
CITY CLERK
CITY OF NEWPORT BEACH
STATE OF CALIFORNIA
•