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HomeMy WebLinkAbout7603 - Assessment District 54RESOLUTION NO. 7603 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DETERMINING THAT A MAJORITY PROTEST DOES NOT EXIST AGAINST THE PROPOSED WORK TO BE DONE WITHIN ASSESSMENT DISTRICT NO. 54, OVERRULING ALL PROTESTS AND ORDERING CERTAIN WORK TO BE DONE IN SAID ASSESSMENT DISTRICT PURSUANT TO THE "IMPROVEMENT ACT OF 191111, WITHOUT COMPLIANCE WITH THE "SPECIAL ASSESSMENT INVESTIGATION.. LIMITATION AND MAJORITY PROTEST ACT OF 1931" AND DIRECTING THAT THE BIDS FOR SAID WORK MAY BE OPENED,. EXAMINED AND DECLARED BY THE CITY CLERK WHEREAS, on December 13, 1971, the City Council of the City of Newport Beach adopted Resolution No. 7575 determining necessary proceedings for waiver of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931, Division 4 of the California Streets & Highways Code, in connection with proposed Assessment District No. 54, and setting a hearing for January 24, 1972, at the hour of 7:30 p.m. before the City Council; and WHEREAS, on December 13, 1971, the City Council also adopted Resolution No. 7576 declaring its intention to order the construction of certain street improvements in Assessment District No. 54, pursuant to the Improvement Act of 1911, and setting January 24, 1972, at the hour of 7:30 p.m. as the time for presenting objections to said work to the City Council; and WHEREAS, on January 24, 1972, 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; 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 -1- S • • Act of 1931, and to the ordering of said work; NOW, THEREFORE, the City Council of the City of Newport Beach DOES HEREBY RESOLVE,_ DETERMINE AND ORDER, as follows: SECTION 1. The public convenience and necessity require that the proposed work and improvements in Assessment District No. 54 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 & 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 the proposed work to be done should be modified by deleting the following territory and work set forth in Resolution of Intention No. 7576, and authorizes the filing of an amended boundary map showing the boundary of Assessment District No. 54 as modified at the public hearing, to be recorded in the Office of the Orange County Recorder and filed in the Office of the City Clerk: Deleted Territory a. Block 30, First Addition to Newport Heights; b. Block 21, First Addition to Newport Heights; Deleted Work a. Improvements in Block 30 and 21, First Addition to Newport Heights; b. Improvements in Alley No. 115, the first alley north of and parallel with Cliff Drive, extending from Redlands Avenue to Riverside Avenue, in Block 24, First Addition to Newport Heights. SECTION 3. 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, as modified, 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 -2- protests or objections is overruled. SECTION 4. 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, as modified herein, • in Assessment District No. 54, to wit: The construction of alley improvements consisting of paving alleys and alley approaches with portland cement concrete pavement and asphalt concrete pavement in certain streets and alleys; said work shall also include the establishment and changing of grades in streets and alleys, public ways, and rights of way; the adjustment of grades on private property to eliminate any disparity in level between improvements in the public rights of way, driveways and walkways on private property; and the construction of retaining walls, embankments and other structures as necessary and appurtenant to the above described work, in those areas of the City of Newport Beach known as Newport Heights and Balboa, said assessment district to be known as Assessment District No. 54, all as more particularly described in Resolution of Intention No. 7576 adopted by the City Council on December 13, 1971, and in accordance with the plans, drawing and specifications referred to in said resolution, as modified herein. SECTION 5. All of the work or improvements herein ordered shall be accomplished and carried out pursuant to the provisions of the Improvement Act of 1911, Division 7 of the California Streets & Highways Code, and shall be done under the direction of and to the satisfaction of the City Public Works Director who is also the Superintendent of Streets. SECTION 6. The City: "Clerk is directed to open, examine and declare the proposals or bids at a public meeting after giving notice of the time and place thereof in the notice inviting • bids to do the work, as modified at the public hearing, and the City Clerk shall report the results of the bidding to the City -3- Council at the next regular meeting after the opening of bids. SECTION 7. The City Clerk is further directed to post conspicuously on the bulletin board near the door to the City Council Chambers, for not less than five (5) days, at least ten • (10) days prior to the date set for bid opening, a notice inviting bids to do the work as modified at the public hearing, and to publish said notice twice in the Newport Harbor Ensign. the first publication to be at least ten (10) days prior to the date set for bid opening. ADOPTED this 24th day of January, 1972. C® V ATTEST: �mze- City Clerk IL® AS 7HE ORIG "d CM CLERK OF THE CITY O NEW T MACH ��8 8 1972 cam_._..__._......._..__._.___ 0 �';rz6z Mayor DON:mh -4- 2/3/72