HomeMy WebLinkAbout6986 - Assessment District 53V t
RESOLUTION NO. .6989
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. 53 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 assess-
ment 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 im-
provements consisting of paving certain alleys in those areas
of the City known as Newport Heights and Balboa, said assessment
district to be known as Assessment District No. 53; and
WHEREA,S, 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 fol-
lowed; 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 XIII of the Constitution of the State
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of California; and
WHEREAS, Section 17 of Article XIII of the Constitution
provides in part as follows:
"Notwithstanding any provisions for debt limitation
41 or majority protest as in this section, provided if, after
and
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. ";
WHEREAS, it is the intention of the City Council to
hold a hearing to determine whether the Special Assessment Investi-
gation, Limitation and Majority Protest Act of 1931 shall apply
to the proceedings to establish Assessment District No. 53;
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. 53 and Cost Estimate of Improvements: The location of the
land, the estimated cost and the nature of the work being consi-
deted within proposed Assessment District No. 53 are set forth
in the "Preliminary Report on Proposed Assessment District No. 53
(Newport Heights and Balboa Alley Paving) ", dated April 28, 1969,
and shown on a map designated Exhibit "A ", showing the general
locations 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 Hearing. NOTICE IS
HEREBY GIVEN that on the 23rd day of June, 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. 53 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 forma-
tion 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
40 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
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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 improvements;
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
rfadopted 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
`mbt. apply.. .
/ ADOPTED this 26th day of May, 1969.
i
Mayor
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520/69