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