HomeMy WebLinkAbout6942 - Assessment District 52RESOLUTION N0. 6942
Is A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH DECLARING ITS INTENTION TO HOLD A
PUBLIC.HEARING_FOR THE PURPOSE.OF DETERMINING
WHETHER THE PROVISIONS OF THE "SPECIAL ASSESSMENT
INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT
OF 1931" SHOULD OR.SHOULD NOT APPLY.TO THE PROCEEDINGS
FOR THE-CONSTRUCTION-OF CERTAIN STREET IMPROVEMENTS
IN ASSESSMENT DISTRICT NO. 52.PURSUANT TO THE
IMPROVEMENT ACT -OF 1911
WHEREAS, the City Council of the City of Newport Beach
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 certain improve-
ments consisting of street lights and sidewalks in that area of
the City known as Harbor Highlands, said assessment district to be
known as Assessment District No. 52; and
WHEREAS, Division 4 of the California Streets and Highways
Code, which is commonly referred to as the Special Assessment
Investigation, Limitation and Majority Protest Act of 1931, provides
in Section 2820 of said Act that before a city council may order
the construction of any public improvement or the acquisition of
any property for public use where the cost of such construction or
acquisition is to be paid in whole or in part by special assessments
or through special assessment taxes upon lands, the proceedings
required by said Act.must be followed; and
WHEREAS, Section 2804 of the California Streets and
Highways Code provides that the provisions of the Special Assessment
Investigation „ Limitation and Majority Protest Act of 1931 shall
not apply to improvement proceedings conducted by a charter city
when said city has complied with the provisions of Section 17 of
Article .VIII of the Constitution of the State of California; and
WHEREAS, Section 17 of Article XIII of the Constitution
provides in part as follows:
"Notwithstanding any provisions for debt
limitation or majority protest as in this section,
provided if, after the giving of such reasonable
notice by publication and posting and the holding of
such public hearing as the legislative body of any
such chartered county, chartered city, or chartered
city and county shall have prescribed, such legislative
body by no less than a four - fifths vote of all members
thereof, finds and determines that the public convenience
and necessity require such improvements or acquisitions,
such debt limitation and majority protest provisions
shall not apply. ";
and
WHEREAS, it is the intention of the City Council to hold
a hearing to determine whether the Special Assessment Investigation,
Limitation and Majority Protest Act of 1931 should apply to the
proceedings to establish Assessment District No. 52;
NOW, THEREFORE, the City Council of the City of Newport
Beach DOES HEREBY RESOLVE AND ORDER as follows:
Section 1. Description of Proposed Assessment District
No. 52 and Cost Estimate. The location of the land and the nature
of the work being considered within proposed Assessment District
No. 52 are set forth in the "Preliminary Report on Proposed Harbor
Highlands Street Lighting Special Assessment District ", dated
February 24, 1969, and shown on a map designated Exhibit "A",
• showing the general location of the proposed improvements and the
lands to be assessed to pay the cost thereof which are on file in
the offices of the City Clerk and the City Public Works Director.
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Section 2. Time and Place of Hearin
NOTICE IS HEREBY GIVEN that on the 28th day
of April 1969, at the hour of 7:30 o'clock p.m. in
the Council Chambers of the City Council of the 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 formation of the proposed Assessment
District No. 52 without compliance with the Special Assessment
Investigation, Limitation and Majority Protest Act of 1931 may
appear and show cause why the City Council should not find and
determine that the public convenience and necessity require that
proceedings for the formation of the proposed special assessment
district should be conducted without compliance with the provisions
of the Special Assessment Investigation, Limitation and Majority
Protest Act of 1931.
Section 3. 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 improvements, as follows:
a. Notice of a hearing on the proposed improvements
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
improvements shall be published in the Newport Harbor Ensign
• by at least two publications 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
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is directed to post and publish said notices as hereinabove
provided, said notices to include a brief description of
the proposed improvement;
c. A notice setting forth the time and place of
hearing upon the public convenience and necessity of said
improvement 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 10 days
prior to the date fixed for the hearing.
Section 4. Any person owning, or having an interest
in, real property within the district proposed to be assessed for
the cost and expense of said improvements 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 finding and determining that the public convenience
and necessity require the proposed improvements, and if said
resolution is adopted by a vote of not less than four - fifths of
ll members of the City Council, the provisions of the Special
a sseesment Investigation, Limitation and Majority Protest Act
,,\pf 1931 shall not apply.
ADOPTED this /o ro day of &&1ed , 1969.
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Mayor
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3/5/69