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HomeMy WebLinkAbout87-55 - Assessment District 87-1RCF /5711 4/30/87 RESOLUTION NO. 87 -55 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH PASSING ON THE REPORT OF THE ENGINEER, GIVING PRELIMINARY APPROVAL, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING • On this 11th day of May, 1.987, on motion made, duly seconded, and carried, the following Resolution is adopted by the Newport Beach City Council acting in their official capacity as the legislative body of the City of Newport Beach, State of California. WHEREAS, the City Council of the City of Newport Beach, CALIFORNIA, (hereinafter referred to as "Agency "),,has instituted proceedings for the construction 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. 87 -1 (hereinafter referred to as the "Assessment District "); and, WHEREAS, there has been prepared and filed with the Agency a "Report" provided for in Sections 10203, 10204 and 2961 of the Streets and Highways Code of the State of California, and this "Report" has been presented to the Agency for its consideration; and, WHEREAS, a Resolution of Intention for this improvement was previously adopted by this Agency; 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 Assessment Engineer referred to hereinabove is considered adopted, passed upon, and preliminarily approved, as follows: A. That the plans and specifications showing the general nature, location and extent of the proposed improvements to be made, contained in said "Report" be, and they are hereby preliminarily approved and adopted; B. That the Assessment Engineer's estimate of the itemized and total costs and expenses of said acquisition, where necessary, and improvements, and of the incidental expenses in connection therewith, contained in the "Report ", be, and each of them are hereby preliminarily approved and adopted; C. That the diagram showing the exterior boundaries of the Assessment District referred to and described in the Resolution of Intention, and also the boundaries and dimensions of the respective subdivisions of land within the Assessment District, as the same existed at the time of the passage of -1- the 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 the • Assessment District, in proportion to the estimated benefits to be received by such subdivisions, respectively, from said acquisition and improvements, and of the incidental expenses thereof, as contained in the "Report ", be, and they are hereby preliminarily approved and adopted; E. That the maps and descriptions of the lands and easements which may need to be acquired, as contained in the "Report" be, and the same are hereby preliminarily approved; F. That the "Report" shall stand as the Assessment Engineer's "Report" for the purpose of all subsequent proceedings had pursuant to said Resolution of Intention. G. That the total amount, as near as may be determined of the total principal sum of all unpaid special assessments and special assessments proposed to be levied under any completed or pending assessment proceedings other than contemplated by the instant proceedings, as contained in said "Report ", be and hereby are preliminarily approved and adopted. H. That the total. true value, as near as may be determined, of the parcels of land and improvements which are proposed to be assessed, as contained in said "Report ", be and hereby are preliminarily approved and adopted. SECTION 3. NOTICE IS HEREBY GIVEN THAT ON MONDAY, THE 22ND DAY OF JUNE, 1987, AT THE HOUR OF 7:30 O'CLOCK P.M., IN THE REGULAR MEETING PLACE OF THE AGENCY, BEING THE CITY COUNCIL CHAMBERS, LOCATED AT 3300 NEWPORT BLVD., NEWPORT BEACH, CA. 92663, 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 ASSESSMENT ENGINEER. PROTESTS MUST BE IN WRITING AND MUST BE DELIVERED TO THE AGENCY AT OR BEFORE THE TIME SET FOR THE PUBLIC HEARING. SECTION 4. That the City Clerk is hereby directed to give notice of said Public Hearing by causing to be conspicuously posted on all open streets within the Assessment District, not more than 300 feet apart on each street so posted, but not lens than 3 in all, notice of the passage of the Resolution of Intention and of this Resolution, all in accordance with the provisions of Section 10300 et. seq. of said Division 12. -2- SECTION 5. That the City Clerk is hereby directed to give notice of the Public Hearing and of the passage of the Resolution of Intention and this Resolution by causing such notice to be published in accordance with Section 6066 of the Government Code, in the Newport Ensign, the newspaper designated by Agency as the newspaper for all publications as required by • law and as necessary for completion of this Assessment District. SECTION 6. That the City Clerk is hereby directed to mail notice of the Public Hearing 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 Agency taxes prior thereto, or as known to Agency, and to all other persons as prescribed in accordance with the provisions of said Division 12. SECTION 7. That the directed boundary Recorder adoption boundary set fort Highways City Clerk is hereby further to file a copy of the proposed map in the Office of the County within fifteen (15) days of the of the proposed boundary map; said map to be in the manner and form as 1 in Division 4.5 of the Streets and Code of the State of California. APPROVED and ADOPTED this 11th day of May, 1987 ATTEST: City Clerk PASSED and ADOPTED by the City Council of the City of Newport Beach acting as the official legislative body of the City of Newport Beach by the following vote: AYES: MEMBERS: Cox, Hart, Maurer, Plummer, Sansone, Turner NOES: MEMBERS: Strauss ABSENT: MEMBERS: -3- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) I, City Clerk of the City of Newport Beach, California, hereby certify the foregoing to be a full, true and correct copy of the record of the action . taken by the City Council, by the vote of the members present, as the same appears in the Official Minutes of said Board of its meeting of , 1987. City Clerk of the City Newport Beach By: r: -4-