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HomeMy WebLinkAbout6879 - Assessment District 51 - West Newport Street & Alley ImprovementsTHS:ajr 10/7/6$ RESCLUTICN 170. f187 9 A 1LESOLUTION OF TIM CITY COUNCIL OF THE, 'CITY OF NE'tr7PCRT BEACH 12CLARING ITS INTENTION TO ORDER TIME CONSTRUCTION OF CERTAIN STREET 1P;PROWMSNTS IN ASSESSMENT 'DISTRICT NO. 51 IN TIIE CITY OF NEQPCRT BEACH; DECLARING TIME 'WORK AND IIeRC�'- MENT TO BE CF MORE THAN LOCAL OR ORDINARY PUBLIC BENEFIT, AND DESCRIBING THE DISTRICT TO BE BENEFITTED BY SAID b CRIL AND IMPROVE NT 13HICII SHALL BE ASSESSED.TO PAY THE COSTS AND EYI?ENSES THELTR OF; AND FIXING TIC TI111C AND PLACE FC,3 THE, DARING OF OBJECTIONS TO SAID 14ORK AND IMPRMPLIhT THE CITY COUNCIL OF THE CITY OF NEUPCRT BEACH, pursuant to the provisions of the P4Improvement Act of 19117P, being Division 7 of the Streets and highways Code of the State of Califor=nia (commencing Frith Section 5009 thereof), does hereby RESOLVE as follows: DESCRIPTION OF WORK Section 1. The public interest and conveniebjce require, and it is the intention of the City Council of the City of Nawport Beach to order, the following work to be done: The construc'-icn of street improvements consisting of paving, curbs, gutters, sidewalks, drains, conduits, culverts and channels for drainage purposes, in the streets and alleys hereinafter described. Sal.d 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, drive-,-lays and walkways on private property; and the construction of retaining . walls, embankments and other structures as necessary and appurtenant to the above described work. The City Council finds that it is in the public interest and more economical to do the work of elimyna'--ing any disparity in level or size bet :weep the improvement and drive- ways, house -balks and sewers on private property than to adjust the work on public property to eliminate such disparity and declares its intention to order said work done on private property pursuant 00 to Section 5104 of the California Streets and Highways Code. The locations in which the above described work is proposed to be done are as follows: ORANGE STREET between Seashore Drive and Ocean Front, including wort-, in the inter- section of Seashore Drive and Orange Street, as shown or. Sheet 6 of the Plans hereinafter referred to; and in COLTON STREET between Seashore Drive and Ocean Front, including work in the inter- section of Seashore Drive and Colton Street, as shown on Sheet 6 of said Plans; and in WALNUT STREET between Seashore Drive and Ocean Front, including work in inter- section of Seashore Drive and Walnut Street, as shown on Sheet 5 of said Plans; and in CEDAR STREET between Seashore Drive and Ocean Front, including work in the in`er- section of Seashore Drive and Cedar Street, as shown on Sheet 5 of said Plans; and in PROSPECT STREET between Seashore Drive and Ocean Front, including work in the inter- section of Seashore Drive and Prospect, as shown on Sheet 5 of said Plans; and in 62ND STREET between Seashore Drive and Ocean Front, including work in the inter_ section of Seashore Drive and 62nd Street, as shown on Sheet 4 of said Plans; and in 61ST STREET between Seashore Drive and Ocean Front, including work in the inter- section of Seashore "Drive and 61st Street, as shown on Sheet 4 of • said Plans; and in 34TH STREET between Seashore Drive and Ocean Front, as shown on Sheet 3 of said Plans; and in 33RD STREET between Seashore Drive and Ocean Front, as shown on Sheet 3 of said Plans; and in -2- ALLEY (un- named) parallel with Ocean Front between 23rd Street and 24th Street, as shown on Sheet 7 of said Plans; and in ALLEY (un- named) parallel with Ocean Front between 24th Street and 25th Street, as shown on Sheet 7 of said Plans; and in ALLEY (un -named) parallel with Ocean Front between 25th Street and 26th Street, as shown on Sheet 7 of said Plans; and in ALLEY (un- named) parallel with Ocean Front between 26th Street and 27th Street, as shown on Sheet 8 of said Plans; and in ALLEY (un- named) parallel with Ocean Front between 27th Street and 28th Street, as shown on Sheet 8 of said Plans; and in ALLEY (un- named) parallel with Ocean Front between 31st Street and 32nd Street, as shown on Sheet 9 of said Plans; and in ALLEY (un- named) parallel with Ocean Front between 32nd Street and 33rd Street as shown on Sheet 9 of said Plans; and in ALLEY (un-named) parallel with Ocean Front between 33rd Street and 34th Street as shown on Sheet lO of said Plans; and in ALLEY (un- named) parallel with 23rd Street, between 23rd Street and 24th Street, from Balboa Boulevard southerly to the alley parallel with Ocean Front, as shown on Sheet 11 of said Plans; and in ALLEY (un- named) parallel with 24th Street, between 24th Street and 25th Street, from Balboa Boulevard southerly to the alley parallel with Ocean • Front, as shown on Sheet 12 of said Plans; and in ALLEY (un -named) parallel with 25th Street, between 25th Street and 26th Street, from Balboa Boulevard southerly to the alley parallel with Ocean Front, as shown on Sheet 12 of said Plans; and in -3- ALLEY (un- named) parallel with 26th Street, between 26th Street and 27th Street, from Balboa Boulevard southerly to the alley parallel with Ocean Front, as shown on Sheet 13 of said Plans; and in ALLEY (un- named) parallel with 27th Street, between 27th Street and 28th Street, from Balboa Boulevard southerly to the alley parallel with Ocean Front, as shown on Sheet 13 of said Plans; and in ALLEY (un- named) parallel with 28th Street, between 28th Street and 29th Street, from Balboa Boulevard southerly to the alley parallel with Ocean Front, as shown on Sheet 14 of said Plans; and in ALLEY (un- named) parallel with 29th Street, between 29th Street and 30th Street, from Balboa Boulevard southerly to the alley parallel with Ocean Front, as shown on Sheet 14 of said Plans; and in ALLEY (un- named) parallel with 30th Street, between 30th Street and 31st Street, from Balboa Boulevard southerly to the alley parallel with Ocean Front, as shown on Sheet 15 of said Plans; and in ALLEY (un- named) parallel with Balboa Boulevard between 19th Street and 20th Street, as shown on Sheet 16 of said Plans; and in ALLEY (un- named) parallel with Balboa Boulevard, between 20th Street and McFadden Place, as shown on Sheet 16 of said Plans; and in ALLEY (un- named) parallel with 28th Street, between 28th Street and 29th Street from Newport Boulevard, as shown on Sheet 17 of said Plans; and in ALLEY (un- named) parallel with 29th Street, between 29th Street and 30th Street, from Newport Boulevard to Balboa Boulevard, as shown on Sheet 17 of said Plans; and in . ALLEY (un- named) parallel with Ocean Front, from 61st Street to 62nd Street, as shown on Sheet 18 of said Plans; and in 4 ALLEY (un- named) parallel with Ocean Front, from 62nd Street to Prospect Street, as shown on Sheet 18 of said Plans; and in -4- ALLEY (un- named) parallel with Ocean ]Front, from Prospect Street to Cedar Street, as shown on Sheet 19 of said Plans;. and in ALLEY (un- named) parallel with Ocean Front, from Cedar Street to Walnut Street, as shown on Sheet 19 of said Plans; and in ALLEY (un- named) parallel with Ocean Front, from Walnut Street to Lugonia Street, as shown on Sheet 20 of said Plans; and in ALLEY (un- named) parallel with Ocean Front, from Lugonia Street to Colton Street, as shown on Sheet 20 of said Plans; and in ALLEY (un- named) parallel with Ocean Front, from Colton Street to Orange Street, as shown on Sheet 20 of said Plans. PLANS. DRAWINGS AND SPECIFICATIONS Section 2. All of the proposed work to be done and improvements to be constructed, as described in Section 1 hereof, in Assessment District No. 51, shall be in accordance with the plans and specifications for the construction of said work and improvements, identified as Drawing No. R- 5137 -5, consisting of 19 sheets, numbered 1 to 19, inclusive, and in accordance with the specifications and special provisions, if any, prepared in connection with such construction, all of which plans, drawings and specifications are on file in the office of the City Clerk and in the office of the City Public Works Director. Reference is hereby made to said plans, drawings and specifications, heretofore approved by the City Council, for a further and more particular description of said work. • The grades used in connection with said work shall be in accordance with the grades as shown on said plans and specifications referred to above, which grades may be different from the grades heretofore existing, established or adopted. -5- DliSCRIFTION OF ASSESSMENT DISTRICT Section 3. The proposed work and improvement are of more than local ordinary public benefit, and the City Council hereby makes the expenses of said work and improvement chargeable upon a district, which district the City Council declares to be the district benefitted by said work and improvement, to be assessed to pay the costs and expenses thereof, including incidental expenses and costs, and which district is described as follows: All that certain territory situated in the City of Newport Beach, County of Orange, State of California, included within the exterior boundary lines shown on the map as property affected or benefitted by or to be assessed to pay the costs and expenses of said work and improvement in Assessmert District No. 51, which said map is entitled '`ASSESSMENT DISTRICT ITO. 51 IN THE CITY OF NZiT2011T BEACH, ORANGE COUNTY, CALIFORNIA, West Newport Street and Alley Improvements, identified as Drawing No. N- 5111 -X, dated October 7, 1968, which map was heretofore approved by the City Council of the City of Newport Beach at the time of the approval of the plans, and which map is on file in the office of the City Clerk and in the office of the City Fublic Works Director, EXCEPTING from the area to be assessed to pay the costs and expenses of the proposed work and improvement shown within and delineated upon said map or plat hereinabove referred to, the area of any lot or parcel of land belonging to the United States, or to the State of California, County of Orange, Newport -Mesa Unified School . District or Orange County Flood Control District, which is in use in the performance of any public function. 40 DESCRIPTION OF ECNDS Section 4. Serial bonds bearing interest at the rate of 60 six per cent (6%) per annum shall be issued to represent each assessment of Fifty Dollars ($50) or more remaining unpaid at the expiration of the last date fixed for payment of assessment in the notice to property owners mailed pursuant to the provisions of Section 5390 of the Streets and Highways Code of the State of California. Said serial bonds shall extend over a period ending nine (9) years from the second day of January next succeeding the next September 1st following their date. Payments of the principal of unpaid assessments and interest thereon shall be made by property owners to the City Treasurer and same shall be disbursed by the City Treasurer in accordance with the provisions of the Improvement Act of 1911. This City Council hereby elects and determines to have the redemption provisions of said bonds provide a premium of five per cent (5%) of the unmatured principal in accordance with the provisions of Section 6464 of the California Streets and Highways Code. ESTIMATED COSTS AND EXPENSES Section 5. The estimated costs and expenses of said work and improvements, including the incidental expenses of the proceedings under this resolution of intention, are as follows: Estimated cost of all incidental expenses $ 21,800.00 Estimated costs of improvement on • public property or rights of way 77,600.00 Estimated costs of improvement on private property 99700.00__ Estimated total cost of proposed work $1090100.00 Estimated contribution by City to construction costs: $ 3235.00_ -7- TINE AND PLACE OF HEARING Section 6. NOTICE YS HEIREBY GIVEN that on the 28th 40 day of October , 1968, at the hour of 7'30 o'clock p.m., in the Chambers of the City Council of said City of Newport Beach, in the City Hall of said City at 3300 West Newport Boulevard, Newport Beach, Orange County, California, 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 contain a description of the property in which each signer thereof is interested, sufficient to identify the same, and must be delivered to the City Clerk of the said City of Newport Beach prior to the time set for the hearing, and no other protests or objections will be considered. If 'the signer of any protest is now shown upon the last equalized assessment roll of Orange County as the owner of the property described in the protest, then such protest must contain or be accompanied by written evidence that such signer is the owner of the property so described. INPROVENENT ACT Section 7. 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 as the "Improvement Act of 1911," being Division 7 of the Streets and Highways Code of the State of • California. Prior to the adoption of this resolution, the City Council of the City of Newport Beach, after proceedings duly and regularly held and hearing conducted, did adopt its Resolution No. 6878 on October 7, 1968 , under and pursuant to the authority granted by Section 17 of Article XIII of the Constitution of the State of California, finding and determining that public F convenience and necessity require the improvements hereinabove mentioned, and further finding and determining that the provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 should not apply, and further determining that said improvement shall proceed in accordance with the provisions and under the terms and conditions of the Improvement Act of 1911. PROPERTY GMERS NOT TO TAKE CONTRACT Section S. Pursuant to the provisions and the authority granted by Section 5260 of the Streets and Highways Code of the State of California, the City Council of the City of Newport Beach does hereby determine and declare that, in the opinion of this City Council, the public interest will not be served by allowing the property owners to take the contract and the property owners will not be allowed or permitted to take the contract. The City Council of said City of Newport Beach does further hereby determine and declare that the contractor to whom the contract is awarded may sign said contract immediately upon the award of the contract and must execute said contract and file the required bonds with said City of Newport Beach within twenty -five (25) days after the date of first publication of notice of award of contract. PUBLICATION OF RESOLUTION OF INTENTION Section 9. THE NEWPORT HARBOR ENSIGN, a newspaper printed, published and of general circulation in the City of Newport Beach, California, is hereby designated as the newspaper in which this Resolution of Intention shall be published by the City Clerk, it the manner and form provided by law, and for making all other • publications in the proceedings under this Resolution of Intention, unless otherwise provided. The City Clerk is directed to mail notices of the adoption of this Resolution of Intention to all persons owning real property -9° proposed to be assessed, whose names and addresses appear on the last equalized assessment roll for City taxes, or as known to the City Clerk, all in the manner and form provided for under Sections 5070, 5195 and 5195 of the said Improvement Act of 1911 of said Streets and Highways Code. POSTING OF NOTICE OF IF2ROVEMENT Section 10. The Superintendent of Streets of the City of Newport Beach, California, 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 Intention in the time, form and manner provided by said Code. FILING MAP OF ASSE.SSIENT DISTRICT Section 11. The City Clerk is directed to endorse on the original and on at least one copy of the map or plat of 'the assessment district as referred to in Section 3 hereof her certifica =te evidencing the date and adoption of this Resolution of Intention, and she is further directed to file the original of such map or plat in her office, and within fifteen (15) days after .he adoption of this resolution and in no event later than fifteen (15) days prior to the date of hearing as provided in Section 6 hereof, she is further directed to file a copy of said map or plat, with her endorsement thereon, with the County Recorder of Orange County, California, all in the manner and form provided for in Section 3111 of the Streets and Hig1vt7ays Code of the State of California. ADOPTED this 7t' day of October , 196€. Ma� ATTESTa ttRnFreo AS rre cr.�`.rani is ., L 1't v eY CITY CLERK OF ThE CITY 8F NhY rZZK