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HomeMy WebLinkAbout918 - Balboa Island Improvements`1 0 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 a 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 -2- 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 -3- 0 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 -4- 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 -5- • 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 -6. 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 -7- • 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. _s_ 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. -9. 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. _10.