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HomeMy WebLinkAbout44 - Ordering Street Work on Certain StreetsThat Whereas, the city council of the city of Newport Beach did, on the 2nd day of November, 1914, pass and adopt Resolution of Intention No. 43 of said city, declaring that the public interest and also the public convenience required it, and that it was the intention of said city council to order an improvement made in said city, des- cribing the improvement to be made, the land deemed necessary to be taken therefor, and specifying the exterior boundaries of the district of lands to be affected or benefited by said improvement and to be assessed to pay the damages, costs and expenses thereof, and directing < .._._... ..tiie...posting and publication of notices and designating the newspaper in which such publcation should be had; and Whereas, the Street Superintendent of the city of Newport Beach did then, to -wit: on the 10th day of November, 1914, cause to be, and there was conspicuously posted along the line of the contemplated improvement, less than three hundred feet in distance apart, and being thirty -five in number, notices of the passage of said Resolution of Intention No. 43, said notices being headed: "NOTICE OF PUBLIC WORK ", the said heading being in letters not less than one inch in length and the notice did, in legible characters, state the fact of the passage of said Resolution of Intention No. 43, its date and briefly described the improvement proposed and referred to the said Resolution of Intention No. 43 for further particulars; and Whereas, there is no daily newspaper published and circulat- ed in the city of Newport Beach, the said Street Superintendent did also cause a notice similar in substance to be published in the -1 f LTIR/� Y A Resolution ordering_I rovement made. A Resolution by the city council of the city of Newport Beach declaring that the public interest and convenien requires it, and ordering an improvement made in the city of Newport Beach, appointing commissioners to assess benefits and damages, and to have general supervision of the improvement ordered, providing for their compensation and requiring the filing of an affidavit and bond. That Whereas, the city council of the city of Newport Beach did, on the 2nd day of November, 1914, pass and adopt Resolution of Intention No. 43 of said city, declaring that the public interest and also the public convenience required it, and that it was the intention of said city council to order an improvement made in said city, des- cribing the improvement to be made, the land deemed necessary to be taken therefor, and specifying the exterior boundaries of the district of lands to be affected or benefited by said improvement and to be assessed to pay the damages, costs and expenses thereof, and directing < .._._... ..tiie...posting and publication of notices and designating the newspaper in which such publcation should be had; and Whereas, the Street Superintendent of the city of Newport Beach did then, to -wit: on the 10th day of November, 1914, cause to be, and there was conspicuously posted along the line of the contemplated improvement, less than three hundred feet in distance apart, and being thirty -five in number, notices of the passage of said Resolution of Intention No. 43, said notices being headed: "NOTICE OF PUBLIC WORK ", the said heading being in letters not less than one inch in length and the notice did, in legible characters, state the fact of the passage of said Resolution of Intention No. 43, its date and briefly described the improvement proposed and referred to the said Resolution of Intention No. 43 for further particulars; and Whereas, there is no daily newspaper published and circulat- ed in the city of Newport Beach, the said Street Superintendent did also cause a notice similar in substance to be published in the -1 r =� NEWPORT NEWS, a weekly newspaper published and circulated in the city of Newport Beach; said NEWPORT NEWS being designated by the said city council for that purpose; the said NOTICE OF PUBLIC WORK being published therein by four successive insertions, to -wit: on November 7th- 14th -21st -28th, 1914; and Whereas, more than ten days having elapsed since the expir- ation of the time of publication of said notice, and no person or per- sons having made any objection in writing, or otherwise, to the said improvement, or to the extent of the district of lands to be affected or benefited by said improvement, and to be assessed to Pay the costs and expenses thereof; Now therefore, the city council of the city of Newport Beach deems that it has acquired and has jurisdiction to order said improvement made. The city council of the city of Newport Beach resolves and declares as follows: Section 1- Resolved, that the public interest and convenience requires it, and the city council of the city of Newport Beach does hereby order an improvement made in the said city, namely,- That Bay Avenue, a public street in the city of Newport Beach be opened and extended from the point of its present terminus on the westerly line of 23rd street through to the easterly line of 30th street, in said city, the opened and extended portion of APsaid Bay Avenue to be twenty -five (25) feet in width, mope or less. Section 2- Resolved, that there is hereby appointed three (3) commission- ere, to -wit: A.N.Smith, C.S.Forgy, and Lew H. Wallace, to assess benefits and damages and have general supervision of the proposed improvement un- til the completion thereof. -2 Section, 3- Res olved,that the commissioners hereinbefore appointed shall receive such compensation as the city council may from time to time de- termine but not to exceed five ($5.00) dollars per day for the time actually employed, and not to continue more than six months unless ex- tended by order of the city council; all such compensation shall be added to and be chargeable as a part of the expenses of the improvement ordered. Each of the said commissioners shall file with the Clerk of the city council of the city of Newport Beach an affidavit and bond to the State of California, in the sum of Five thousand ($5,000) dollars, to faithfully perform the duties of his office. Section 4- The commissioners hereinbefore appointed, when they have filed the affidavit and bond required, shall proceed to make the - mp'ro42ment ordered by Section 1 of this Resolution. They shall at all times be governed by and proceed according to the terms and provisions of an Act of the Legislature of the State of California, entitled: "An act to provide for laying out, opening, extending, widening, straightening, or closing up in whole or in part any street, square, lane, alley, court or place within municipalities, and to condemn and acquire any and all land and property necessary or convenient for that purpose. (Approved March 6, 1889,)" and any and all acts amendatory thereof. It is hereby declared that all steps, and proceedings, had, taken or done in the making of said improvement are and shall 40 under and in pursuance of said act. Thexabove and foregoing Resolution was passed and adopted at a regular meeting of the city council of the city of Newport Beach held on the 28th day of December, 1914, and on said day was signed and approved by the president of the Board of Trustees of said city, the -3 Ol�4i • ,�� lJ T Section, 3- Res olved,that the commissioners hereinbefore appointed shall receive such compensation as the city council may from time to time de- termine but not to exceed five ($5.00) dollars per day for the time actually employed, and not to continue more than six months unless ex- tended by order of the city council; all such compensation shall be added to and be chargeable as a part of the expenses of the improvement ordered. Each of the said commissioners shall file with the Clerk of the city council of the city of Newport Beach an affidavit and bond to the State of California, in the sum of Five thousand ($5,000) dollars, to faithfully perform the duties of his office. Section 4- The commissioners hereinbefore appointed, when they have filed the affidavit and bond required, shall proceed to make the - mp'ro42ment ordered by Section 1 of this Resolution. They shall at all times be governed by and proceed according to the terms and provisions of an Act of the Legislature of the State of California, entitled: "An act to provide for laying out, opening, extending, widening, straightening, or closing up in whole or in part any street, square, lane, alley, court or place within municipalities, and to condemn and acquire any and all land and property necessary or convenient for that purpose. (Approved March 6, 1889,)" and any and all acts amendatory thereof. It is hereby declared that all steps, and proceedings, had, taken or done in the making of said improvement are and shall 40 under and in pursuance of said act. Thexabove and foregoing Resolution was passed and adopted at a regular meeting of the city council of the city of Newport Beach held on the 28th day of December, 1914, and on said day was signed and approved by the president of the Board of Trustees of said city, the -3 0 L� 40 said Resolution being passed by the affirmative vote of the following named members of said city council: The above and foregoing Resolution is approved by we this 28th day of December, 1914. Attest: C OM �41 r /.�-- President of the Board of Trustees of the city of Newport Beach. Clerk of the city of Newport Beach. 110 • r G STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF NEWPORT BEACH) I, C. K. PRIESTS City Clerk of the City of Newport Beach, California, do hereby certify that according to the records of the City of Newport Beach filed and main- tained in my office, the foregoing Resolution No. 44 was duly and regularly adopted, passed, and approved by the City Council of the City of Newport Beach, California, at a regular meeting of said City Council held at the regular meeting place thereof, on the 28th day of December v 9 19 14 , by the following vote, to wit: AYES, COUNCILMEN: w.K. Parkinson, O.R. Jumper. H.A. Robinson, C.H. Way. NOES, COUNCILMEN: ABSENT COUNCILMEN: None G.P. Wieson Dated this 7th day of April 1 �9 55 City Clerk and Ex- Officio Clerk of the City Council, City of Newport Beach, State of California.