HomeMy WebLinkAbout918 - Balboa Island Improvements`1
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RESOLUTION OF INTENTION
No.SA
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, DECLARING ITS
INTENTION TO ORDER THE CONSTRUCTION OF REIN..
FC?CED CEMENT CONCRETE BULKHEAD AND OTHER
IMPROVEMENT IN SOUTH BAY FRONT AND OTHER
STREETS AND PUBLIC WAYS IN BALBOA ISLAND, AND
UPON CERTAIN TIDE LANDS OWNED BY THE CITY OF
NEWPORT BEACH ADJACENT TO SAID BALBOA ISLAND;
DECLARING THE WORK TO BE OF MCiE THAN LOCAL
OR ORDINARY PUBLIC BENEFIT AND DESCRIBING
THE DISTRICT TO BE BENEFITED BY SAID WORK
AND TO PAY A PORTION OF THE COSTS AND EXPEN-
SES THEREOF; DETERMINING THAT BONDS SHALL BE
ISSUED TO REPRESENT UNPAID ASSESSMENTS FOR
THE COSTS AND EXPENSES; AND FIXING A TIME
AND PLACE FOR HEARING OBJECTIONS TO SAID
WORK.
The City Council of the City of Newport Beach, California,
pursuant to the provisions of the "Improvement Act of 1911,"
and amendments to said Act, does resolve as followss
DESCRIPTION OF WORK.
SECTION 1; That the public interest and convenience
require and that it is the intention of the City Council. of the
City of Newport Beach, California, to order the following work
to be done, to-wit:
That
SOUTH BAY FRONT
and certain tide lands owned by the City of Newport Beach, lying
adjacent to the said South Bay Front between East Bay Front and
the southwesterly prolongation of the southeasterly line of
Emerald Avenue, and between a dine parallel with and distant
2.5 feet northeasterly from the southwesterly line of Park Avenue
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and the northwesterly prolongation of the center line of
Park Avenue, be improved by the construction of certain
cement concrete bulkhead and appurtenances, cement concrete
sidewalk, cast iron pipe storm drains and appurtenances, cement
concrete curb inlets, and by the moving and installation on
the top of said bulkhead of certain existing concrete ornamental
light posts, together with wires, cables, conduit and other,
suitable and necessary appliances for the purpose of lighting
said South Bay Front; that
SOUTH BAY FRONT
and certain tide lands owned by the City of Newport Beach, lying
adjacent to South Bay Front, between the southwesterly prolonga.
tion of the southeasterly line of Emerald Avenue and a line
parallel with and distant 2.5 feet northeasterly from the south-
westerly line of Park Avenue, be improved by the construction
of a reinforced concrete coping on top of the existing concrete
bulkhead, cement concrete sidewalk, and by the moving and
installation on top of said coping of certain existing concrete
ornamental light posts, together with wires, cables, conduit
and other suitable and necessary appliances for the purpose of
lighting said South Bay Front; that
AGATE AVENUE
between the northeasterly line of South Bay Front and a line
12 feet northeasterly from and parallel with the northeasterly
line of South Bay Front, be improved by the construction of
certain cast iron pipe storm drains and cement concrete curb
inlets and appurtenances; that
NORTH BAY FRONT
and certain tide lands owned by the City of Newport Beach, lying
adjacent to North Bay Front, between the northwesterly prolonga
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tion of the center line of Park Avenue and a line 20 feet
westerly from and parallel with the westerly line of the West
Promenade of The Grand Canal in Balboa Island, be improved
by the construction of certain cement concrete bulkhead and
appurtenances, cement concrete sidewalk, cast iron pipe storm
drains and appurtenances, cement concrete curb inlets, and by
the moving and installation on top of said bulkhead of certain
existing concrete ornamental light posts, together with wire s
cables, conduit and other suitable and necessary appliances
for the purpose of lighting said North Bay Front; that
EAST BAY FRONT
and certain tide lands owned by the City of Newport Beach, lying
adjacent to East Bay Front, between the northerly prolongation
of the westerly line of East Promenade of The Grand Canal in
Balboa Island and South Bay Front, be improved by the construc-
tion of certain cement concrete bulkhead and appurtenances,
cement concrete sidewalk, cast iron pipe storm drains and
appurtenances, cement concrete curb inlets, and by the moving
and installation on the top of said bulkhead of certain existing
concrete ornamental light posts, together with wires, cables,
conduit and other suitable and necessary appliances for the
purpose of lighting said East Bay Front; and that
THE EAST PROMENADE OF
THE GRAND CANAL
in Balboa Island, between the northerly line of Park Avenue and
East Bay Front, be improved by the construction of certain
cement concrete bulkhead and appurtenances, cement concrete
sidewalk, cast iron pipe storm drains and appurtenances, and
cement concrete inlets;
That certain lighting conduit and appliances be installed
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in the following locations:
In said East Promenade of The Grand Canal, between the
northerly line of South Bay Front and the northerly line of
the first alley lying northerly of South Bay Front; and
In the West Promenade of the said Grand Canal between South
Bay Front and North Bay Front,
as particularly shown on Sheet No.8 of Plan No.400 hereinafter
referred to;
That five (5) public piers of wooden and cement concrete
construction, including piles, decks, guard rails and floating
moorings, with structures and appliances necessary and conven-
ient thereto, together with posts, wires, cables, conduits..
King lanterns (Design No.1241), and suitable and necessary
appliances for the purpose of lighting said public piers, be
constructed at the following locations, to -wit:
One, extending approximately 87 feet from the bulkhead to
be constructed along East Bay Front at Park Avenue;
One, extending approximately 107 feet from the bulkhead
to be constructed along South Bay Front at Coral Avenue;
One, extending approximately 86 feet from the bulkhead to
be constructed along South Bay Front at Opal Avenue;
One, extending approximately 76 feet from the bulkhead to
be constructed along North Bay Front at Emerald Avenue; and
One, extending approximately 91 feet from the bulkhead to
be constructed along North Bay Front at Sapphire Avenue.
The said construction and improvement of the aforesaid bulk-
heads is deemed necessary and convenient to protect the streets,
public ways and other property in that certain territory of
the City of Newport Beach, commonly known and referred to as
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Balboa Island, from the overflow by water.
eThat each of the aforementioned public piers and mooring
places is deemed necessary and convenient for the promotion
or accommodation of commerce, navigation, and the protection
of lands within said City of Newport Beach, and for aiding
and securing access to the waters of Newport Bay to the people
of the State of California in the exercise of their rights
to fish, and for the extension of public streets or places.
PLANS, PROFILES, SECTIONS
AND SPECIFICATIONS.
SECTION 2: All of said work and improvement to be done,
shall be constructed upon the grades, along the lines, between
the points, of the dimensions, at the places and in the manner
shown on the plans, profiles and sections for said improvements,
being Plan No.400 consisting of twelve (12) sheets, numbered
one (1) to twelve (12) inclusive, and Standard Plan No.1047,
all on file in the office of the City Engineer of said City,
and except as otherwise provided for on said plans, shall be
constructed of the materials and in the manner shown in and
in accordance with the specifications heretofore approved by
the City Council of the said City, and reference is hereby
made to the said plans, profiles, sections and specifications
for the full and detailed description of the said work, and
by reference thereto the same are incorporated herein and
made a part hereof.
DESCRIPTION OF ASSESSMENT
• DISTRICT.
SECTION 3: That the said contemplated work and improve..
ment, in the opinion of the said City Council, is of more than
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• local or ordinary public benefit, and said City Council
hereby makes the expenses of the said work and improvement
chargeable upon a district, except as hereinafter particularly
provided, which said district said City Council hereby
declares to be the district benefited by said work and improve-
ment and to be assessed to pay a portion of the costs and
expenses thereof, and which district is bounded and described
as follows:
Beginning at the northeasterly corner
of Lot 1, Collins Isle, as shown upon a
map of Re- subdivision of Section 1,
Balboa Island, recorded in Book 6, Page
30 of Miscellaneous Maps, Records of
Orange County, California; running thence
northeasterly in a direct line to a
point in the northerly prolongation of
the westerly line of Lot 12, Block 2 of
said Re- subdivision of Section 1, which
point is 110 feet northerly of the north-
westerly corner of said Lot 12, Block 2;
running thence easterly in a direct line
to a point in the northerly prolongation
of the westerly line of Lot 140 as shown
on a map of Tract No.742, recorded in
Book 23, Page 42 of Miscellaneous Maps,
Records of said County, which point is
150 feet northerly of the most northerly
corner of said Lot 14; thence southeast.
erly in a direct line to a point in the
easterly prolongation of the northerly
line of Park Avenue, as said Park Avenue
is shown on a map of Section 5, Balboa
Island, recorded in Book 8, Page 9 of
Miscellaneous Maps, Records of said
County, which point is 350 feet easterly
of the southeasterly corner of Lot 13
in Block 5 of said Section 5; thence
southwesterly in a direct line to a
point in the southerly prolongation of
the easterly line of Lot 7, Block 4 in
said Section 5, which point is 140 feet
southerly of the southeasterly corner
of said Lot 7, Block 4; thence westerly
in a direct line to a point in the south-
westerly prolongation of the southeasterly
line of Topaz Avenue, as said Topaz Avenue
is laid out and shown upon the map of said
Re- subdivision of Sectiom 1, which point
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is 210 feet southwesterly from the
• southwesterly corner of Lot 1 in
Block 13 of said Re- subdivision of
Section 1; thence northwesterly in a
direct line to a point in the south-
westerly prolongation of the southeast-
erly line of Emerald Avenue, as said
Emerald Avenue is laid out and shown
on a map of said Re- subdivision of
Section 1, which point is 320 feet
southwesterly of the southwesterly corner
of Lot 1 in Block 3 of said Re- subdivi-
sion of Section 1; thence northerly in
a direct line to the point of beginning,
excepting from said district all public
streets, avenues, alleys, public ways,
tide, submerged and overflowed lands.
A map of said district, indicating by a boundary line
the extent of the territory included within the proposed assess-
ment district, numbered 401, approved by the City Council of
said City on the 30th day of September, 1935, and on file in
the office of the City Clerk of said City, is attached to and
forms a part of the written report of the City Engineer made
pursuant to the provisions of the "Special Assessment Investi-
gation, Limitation and Majority Protest Act of 1931," as amended.
Reference is hereby made to the said map so on file for a further,
full and more complete description of the said assessment district,
and the said map, so on file as aforesaid, shall govern for all
details as to the extent of the said assessment district.
DESCRIPTION OF BONDS.
SECTION 4: That serial bonds bearing interest at the
rate of seven per cent (7 %) per annum shall be issued to represent
each assessment of Twenty -five and no /100 Dollars ($25.00) or
more, remaining unpaid for thirty (30) days after the date of
• the warrant. Said serial bonds shall extend over a period
ending nine (9) years from the second day of January next
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• succeeding the next October fifteenth following their date.
Payments on the principal of unpaid assessments and interest
shall be made by property owners to the City Treasurer, and
the same shall be disbursed by him, all as provided in the
"Improvement Act of 1911," hereinafter referred to.
ESTIMATED GRANT FROM
UNITED STATES GOVERNMENT.
SECTION 52 That as aid to the district herein described,
the City has filed with the Federal Emergency Administration
of Public Works, under the provisions of the Emergency Relief
Appropriation Act of 1935 of the Congress of the United States,
an application for a Grant of a sum equal to forty -five per cent
(45 %) of the total cost of the improvement, and that preliminary
approval and allotment has been made by said Administration for
such Grant. Under the rules and conditions set up under said
Act, the amount of the Grant will be determined after bids are
received for the work and submitted to the Government authorities
for approval.
TIME AND PLACE OF HEARING.
SECTION 6; NOTICE IS HEREBY GIVEN that on the 217w, n d
day of , 1935, at the hour of seven thirty (7:30)
o'clock P.M., in the Council Chamber of the City Council of the
City of Newport Beach, any and all persons having any objections
to the proposed work or improvement, or to the 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 this Resolution of Intention. Protests must be
in writing and must be delivered to the City Clerk prior to the
time set for the hearing.
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PUBLICATION OF RESOLUTION OF
INTENTION.
• SECTION 7: "Newport News," a weekly newspaper published
and circulated and of general circulation in the City of
Newport Beach, California, is hereby designated as the news.
paper in which this Resolution of Intention shall be published
by the City Clerk, in the manner and form provided by law,
and for making all other publications in the proceeding under
this Resolution of Intention.
The City Clerk is directed to mail notices of the
adoption of this Resolution of Intention to all persons owning
real property proposed to be assessed whose names and addresses
appear on the last equalized assessment roll for city taxes,
all in the manner and form provided for under Section 5 of
the "Improvement Act of 1911."
POSTING OF NOTICE OF
IMPROVEMENT.
SECTION 8: The Street Superintendent of the City of
Newport Beach, shall cause to be conspicuously posted along
the line of said contemplated work or improvement and along
all open streets within the district liable to be assessed for
said work, notices of the passage of this Resolution of Inten-
tion, in the time, form and manner provided by law.
IMPROVEMENT ACT.
SECTION 9: That all of the work herein proposed shall
be done and carried through in pursuance of an Act of the
Legislature of the State of California, designated the "Improve-
ment Act of 1911," approved April 7th, 1911, and all acts
amendatory thereof.
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That the written report of the City Engineer of the
City of Newport Beach on the construction of said bulkhead,
as proposed, made pursuant to the provisions of the "Special
Assessment Investigation, Limitation and Majority Protest
Act of 1931,° as amended, is on file with the City Clerk and
open to public inspection, and may be examined at his office.
PASSED AND ADOPTED by the City Council of the City of
Newport Beach, California, at a regular adjourned meeting
thereof held this /Z <h day of November, 1935, by the
following vote, to-wit: `1
AYES: CoDunciln�on �k C�o�re� �Y1SvJor1��
NOES: Councilmen —�- QA ¢�
ABSENT: Councilmen 11nn
MAYOR OF THE CITY OF NEWPORT
BEACH, CALIFORNIA.
I HEREBY C E R T I F Y that the above and foregoing.-
Resolution of Intention was passed and adopted by the City
Council of the City of Newport Beach, California, at - the- _tiko. -
and by the vote above stated. %
• CITY CLERK OF THE CITY OF
NEWPORT BEACH, CALIFORNIA.
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