Loading...
HomeMy WebLinkAbout7127 - Assessment District 53RESOLUTION NO. 7 12 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH_DECLARING ITS JNTENTION TO ORDER. • THE.CONSTRUCTION_OFCERTAIN STREET.IMPROVEMENTS IN ASSESSMENT. DISTRICT 'NO. 53..IN,THE CITY OF NEWPORT BEACH;.DECLARING THE WORK AND IMPROVE - MENT.TO BE OF MORE.THAN_LOCAL,OR.ORDINARY PUBLIC BENEFIT,.AND.DESCRIBING THE DISTRICT M BE. BENEFITTED BY.SAID.WORK AND IMPROVEMENT WHICH SHALL-BE ASSESSED,TO PAY THE -COSTS AND EXPENSES THEREOF; AND FIXING THE TIME AND.PLACE FOR THE HEARING OF OBJECTIONS TO SAID WORK_AND IMPROVEMENT 0 THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, pursuant to the provisions of the "Improvement Act of 1911," being Division 7 of the Streets and Highways Code of the State of California (commencing with Section 5000 thereof), does hereby RESOLVE as follows- DESCRIPTION OF WORK Section 1. The public interest and convenience require, and it is the intention of the City Council of the City of Newport Beach to order, the following work to be done- The construction of alley improvements consisting of paving alleys and alley approaches with Portland Cement concrete pavement in the streets and alleys hereinafter described. Said work shall also include the establish- ment 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, driveways 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 eliminating any disparity in level or size -1- between the improvement and driveways, house walks 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 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: Sheet of flans Block Tract 322 35 13 First Addition to Newport Heights 33, 36 14 First Addition to Newport Heights 212 37 17 First Addition to Newport Heights 28, 38 18 First Addition to Newport Heights 19, 37 19 First Addition to Newport Heights 15, .20 21 First Addition to Newport Heights 102 21 22 First Addition to Newport Heights 20, 31 23 First Addition to Newport Heights 22, 34 24 First Addition to Newport Heights 25, 26 26 First Addition to Newport Heights 27, 28 27 First Addition to Newport Heights 3, 4 28 First Addition to Newport Heights 29, 30 29 First Addition to Newport Heights 2, 3 30 First Addition to Newport Heights 62 7 31 First Addition to Newport Heights 92 10 32 First Addition to Newport Heights 112 12 33 First Addition to Newport Heights 14, 15 34 First Addition to Newport Heights 7, 8 35 First Addition to Newport Heights 16, 17 36 First Addition to Newport Heights 4, 5 37 First Addition to Newport Heights 0 -2 �J Sheet of flans Block Tract 12, 13 38 First Addition to Newport heights 18, 19 39 First Addition to Newport Heights 23, 24 1 Tract 919 21 3 Tract 919 38 4 Tract 919 19 5 Tract 919 17, 30 3 Newport Bay Tract 17 1 Balboa Tract 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. 53, shall be in accordance with the plans and specifications for the construction of said work and improve- ments, identified as Drawing No. A- 5044 -S consisting of 41 sheets, numbered 1 to 41, 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. DESCRIPTION OF ASSESSDENT 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 -3- 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: L 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 Assessment District No. 53, which said map is entitled "City of Newport Beach, Proposed Assessment District No. 53,41 identified as Drawing No. M °5130 -5, dated January 26, 1970, 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 Public 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. DESCRIPTION OF BONDS Section 4. Serial bonds bearing interest at the rate of seven percent (7 %) 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 -4- 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 percent (5 %) of the unmatured principal in accordance with the provisions of Section 6464 of the California Streets and Highways Code. ESTIMATED COSTS AND MENSES 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 $ 48,943 Estimated costs of improvement on public property 261,385 or rights of way contribution by Estimated costs of improvement on private property 102106 Estimated total cost of proposed work $320,434 Estimated contribution by City to construction $ 48,428 costs Estimated contribution by City for plans 4,035 Estimated contribution by City, for inspection 968 Total estimated contribution by City $ 53,431 TIME AND PLACE OF HEARING • Section 6. NOTICE IS HEREBY GIVEN that on the 24th day -5- 1/28/70 of February, 1970, at the hour of 7030 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. IEFROVEMNT 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. 7017 on June 23, 1969, 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 • -6- 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 OWNERS NOT TO TAKE CONTRACT - Section 8. 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, in 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 -7- adoption of this Resolution of Intention to all persons owning real property 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, 5194 and 5195 of the said Improvement Act of 1911 of said Streets and Highways Code. POSTING OF NOTICE OF IMPROVEHENT 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 ASSESSMENT 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 certifi- cate 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 the 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 Highways Code of the State of California. ADOPTED this 26th day of January, 1970. Ma oY ATTEST: Z�.ec C — TII S . eg °8_ 1/26/70 sir CLERK OF 7HE Yf OF -EW .7 BFACH -- ���- / ...........