HomeMy WebLinkAbout6878 - Assessment District 51 - West Newport Street & Alley Improvements• h
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RESOLUTION NO. 16878
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH DETER1,1INING NECESSARY PROCEEDINGS
FOR PUBLIC,0ARING AND NOTICE THEREOF CONCERNING
A SPECIAL ASSESSMENT PROCEEDING rOaR'THri AC%UISITION
AND /OR IMPROVEMENT OF PROPERTY WITHOUT COMPLIANCE
WITH THE SPECIAL ASSESSMENT INVESTIGATION,
LIMITATION AND MAJORITY PROTEST ACT OF 1931
WHEREAS, Division 5 of the California Streets and Highways
Code provides that the legislative body of a charter city may
comply with the provisions of Division 4 of the California Streets
and Highways Code, entitled "Special Assessment Investigation,
Limitation and Majority Protest Act of 1931f0, by following the
procedure set forth in Section 17 of Article VIII of the California
State Constitution; and
WHEREAS, the City Council intends to commence proceedings
for the formation of an assessment district pursuant to the
provisions of the Improvement Act of 1911 (commencing with
Section 5000 of the California Streets and Highways Code), for
the purpose of constructing street and alley improvements con-
sisting of paving, curbs, gutters and sidewalks in that area of the
city known as West Newport, said proposed assessment district to be
known as Assessment District No. 51; and
WHEREAS, the City Council proposes to adopt a resolution
of intention describing the proposed improvement or acquisition,
or bcth, the boundaries of the distract proposed to be assessed
for the cost thereof, and setting a time and place for hearing
upon the proposed improvement or acquisition, or both, when all
• interested persons may file written objections and may appear and
show cause why the City Council should not find and determine that
40 the public convenience and necessity require the proposed improvement
or acquisition, or both, and that proceedings for the formation of a
a
special assessment district should be conducted without compliance
• with the provisions of the Special Assessment Investigation,
. Limitation and Majority Protest Act of 1931;
NOW; THEREFORE, the City Council of the City of Newport
Beach DOES HEREEBY RESOLVE AND OFWER as follows:
Section 1. The land within the proposed Assessment
District No. 51 is shown on a map entitled "ASSESSNdENT DISTRICT
NO. 51 IN THE CITY OF 1EWORT BEACH, ORANGE COUNTY, CALIFORNIA,
West Newport Street and Alley Improvements ", and identified as
Drawing No. M- 5111 -X, dated October 7, 1965, which map was
heretofore approved by the City Council of the City of Newport
Beach, and which map is on file in the office of the City Clerk
and in the office of the City Public Works Director.
Section 2. A notice of the hereinabove described
hearing shall be given to all of the owners of property within
the boundaries of the district proposed to be assessed to pay the
costs and expenses of said improvement or acquisition, or both,
as follows:
a. Notice of a hearing on the proposed improvement
or acquisition, or both, shall be posted for 10 full days
on the Newport Beach bulletin board in the lobby of the
City Hall near the entrance to the Council Chambers of the
City Council of the City of Newport Beach, and said posting
shall be completed at least 10 days prior to the date fixed
for hearing;
• b. A notice setting forth the time and place of
hearing upon the public convenience and necessity of said
improvement or acquisition, or both, shall be published
in the Newport Harbor Ensign by at least two publications
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in two entire issues of said newspaper, one being on
one day, and the other issue being on a subsequent day
of the same or a subsequent week, the first publication
of which shall be at least 10 days prior to the date
fixed for the hearing. The City Clerk is directed to
post and publish said notices as hereinabove provided,
said notices to include a brief description of the
proposed 'improvement or acquisition, or both;
c. A notice setting .forth the time and place
of hearing upon the public convenience and necessity
of said improvement or acquisition, or both, shall be
mailed by the City Clerk, with postage prepaid, to all
persons owning real property which is proposed to be
assessed to pay any part of the cost of the work,
whose names and addresses appear on the last equalized
assessment roll, or as they may be otherwise known to
the City Clerk. Said notices shall be mailed at least
15 days prior to the date fixed for the hearing.
Section 3. Any person owning, or having an interest in,
real property within the district proposed to be assessed for the
cost and expense of said improvement or acquisition, or both, may
file with the City Clerk, on or before the date fixed for said
hearing, a written protest to the undertaking of said proceedings
without compliance with the provisions of the Special Assessment
Investigation, Limitation and Majority Protest Act of 1931, and
said protest shall include a description of the property of the
protestant and the nature of the protest.
If there are no protests or objections filed as provided
herein, or if after said protests or objections have been duly
heard and overruled, the City Council may adopt a resolution
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finding and determining that the public convenience and
necessity require the proposed improvement or acquisition, or
both, and if said resolution is adopted by a vote of not less
than four - fifths of all members of the City Council, the
provisions of the Special Assessment Investigation, Limitation
and Majority Protest Act of 1931 shall not apply.
ATTEST;
City Oler
ADOPTED this Y]Tb, day of 1968.
Mayor
R
CERTIF15D AS THE ORIGI
CITY CIEw of THE CITY of NEWP
®AYE: ......._ .............
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