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HomeMy WebLinkAbout7197 - Assessment District 52 - Harbor Highlands Sreet Lighting0 • • RESOLUTION NO. 7 19 Fd A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, DECLARING ITS INTENTION TO ORDER THE CONSTRUCTION OF STREET.LIGHTING FACILITIES AND APPURTENANCES AND APPURTENANT WORK IN "ASSESSMENT DISTRICT NO. 5281 IN THE CITY OF NEWPORT BEACH; DECLARING THE WORK. AND IMPROVEMENT TO BE OF MORE THAN LOCAL OR ORDINARY PUBLIC BENEFIT AND DESCRIBING THE DISTRICT TO BE BENEFITED BY SAID WORK AND IMPROVEMENT AND TO PAY THE COSTS AND EXPENSES THEREOF; AND FIXING THE TIME AND PLACE FOR THE HEARING OF OBJECTIONS TO SAID WORK AND IMPROVEMENT THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, pursuant to the provisions of the A9Improvement Act of 1911,°9 being Division 7 of the Streets and Highways Code of the State of California, does RESOLVE as follows: DESCRIPTION OF WORK SECTION 1. That 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, town: The construction and installation of a street lighting system, including both commercial and residential -type lights, using prestressed concrete standards, color corrected mercury vapor lamps, underground electrical distribution, and all other appurtenances and appurtenant work in connection therewith, in the following locations: Street IRVINE AVENUE, on the easterly side between Dover Drive and Highland Drive LINDA LANE LEILA LANE DIANA LANE -1- As Shown on Plans, Sheets Nos. 1, 3 1, 3 1, 3 1, 2, 3 As Shown on Plans, Sheets Street (continued) Nos. VIVIAN LANE 1, 2 PRISCILLA LANE 1, 3 •KATHLEEN LANE 12 29 3 DEBORAH LANE 19 2, 3 SYLVIA LANE 19 3 BERYL LANE 12 2, 3 TERESITA LANE 1, 2, 3 PLANS, DRAWINGS AND SPECIFICATIONS SECTION 2; That all of the said work and improvement to be done as described in Section 1 of this Resolution shall be constructed along the lines, between the points, of the dimensions, -2- at the places and in the manner shown on the Plans and Drawings for the construction of the said work and improvement in "Assessment District No. 52" for the City of Newport Beach, entitled "City of Newport Beach Public Works Department Assessment District No. 52 Street Lighting - Harbor Highlands," and identified as Drawing No, E- 5013 -S, consisting of 4 sheets, numbered 1 to 4 inclusive, all of which plans and drawings are on file in the office of the City Clerk and in the office of the Engineer of Work, and except as otherwise provided on said plans, in further accordance with the specifications for the construction of said work and improvement, said specifications being on file in the office of the City Clerk of this City (and a copy being on file in the office of the Engineer of Work), and to which plans, drawings and specifications, heretofore approved by the City Council of this City, reference is hereby made for a further, full and more particular description of said work. • DESCRIPTION OF ASSESSMENT DISTRICT SECTION 3; That the said contemplated work and improvement, -2- a -3- as aforesaid, are of more than local or ordinary public benefit and the said City Council hereby makes the expenses of said work and improvement chargeable upon a district, which said district the City Council hereby declares to be the district • benefited by said work and improvement and to be assessed to the and thereof, including incidental pay costs expenses 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 plat exhibiting the property affected or benefited by or to be assessed to pay the costs and expenses of said work and improvement in said "Assessment District No. 52" in said city, which said plat is entitled "Assessment District No. 52 in the City of Newport Beach, Orange County, California, Harbor Highlands Street Lighting,10 and identified as Drawing No. 5135 -X, dated May 26, 1970, which said plat was heretofore approved by the City Council of said City at the time of the approval of the plans, as aforesaid, and which plat or diagram is on file in the office of the City Clerk and a copy of which is on file in the office of the Engineer of Work of said City, EXCEPTING from the area shown within and delineated upon said map or plat hereinabove referred to, the area of all public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys and all easements and rights -of -way therein contained belonging to the public, and any lot or parcel of land belonging to the United States, and also excepting therefrom any lot or parcel of land belonging to the State of California, or to the County of Orange, or to the City of Newport Beach, or to the Orange County Flood Control District, which lot or parcel of land is in use for the performance of any public function, and all such property above mentioned and described as being -3- 0 • f excepted from the area shall be omitted from the assessment hereinafter to be made to cover the costs and expenses of such work and improvement. Lots or parcels of land owned by school boards, school districts or other public or private educational authorities, whether or not devoted to public or school uses and purposes, shall not be excepted or omitted from said district or from said assessment, but shall be included in said assessment. Reference is hereby made to said plat for further, full and more particular description of the said assessment district, and the said plat so on file shall govern for all details as to the extent of said assessment district. DESCRIPTION OF BONDS SECTION 4: That serial bonds, bearing interest at the rate of seven per cent (7 %) per annum, shall be issued to represent each assessment of Fifty Dollars ($50.00) 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 lst following their date. Payments of the principal of unpaid assessments and interest thereon shall be made by property owners to the City Treasurer, and the same shall be disbursed by said City Treasurer, all as provided in the B °Improvement Act of 19117° hereinafter referred to. This City Council does hereby elect and determine 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 Streets and Highways Code of the State of California. ESTMATED COSTS AND EXPENSES SECTION 5: That the estimated cosies and expenses of said -4- work and improvement, inclusive of the incidental expenses of the proceedings under said Resolution of Intention, are as follows: • Estimated costs of all incidental expenses: $ 52030.00 • Estimated costs and expenses of the work and improvement, excluding all incidental expenses: 35,219.00 Total estimated costs and expenses: $40,249.00 Estimated contribution by City: 29205.00 Total amount to be assessed: $35,044.00 -5- TIME AND PLACE OF HEARING SECTION 6: NOTICE IS HEREBY GIVEN that on the Z7th day of Ju1v , 1970, 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, may appear and show cause why said work should not be done or carried out in accord- ance 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 not 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. IKPROVEMENT ACT • SECTION 7: That all of the work herein proposed shall be -5- 0 • t. • done and carried through in pursuance of an Act of th of the State of California, designated as the "Improve 1911, being Division 7 of the Streets and Highways Q State of California. That prior to the adoption of t the City Council of the City of Newport Beach, after duly and regularly held and hearing conducted, did ad Resolution No. 6968 on April 28, 1969 under and pursu authority granted by Section 17 of Article XIII of th of the State of California, finding and determining t convenience and necessity require the improvements he mentioned and further finding and determining that th of the "Special Assessment Investigation, Limitation Protest Act of 1931P1 should not apply, and further de said improvement shall proceed in accordance with the and under the terms and conditions of the `Improvemen PROPERTY OWNERS NOT TO TAKE CONTRACT SECTION 8: Pursuant to the provisions and the granted by Section 5260 of the Streets and Highways State of California, the City Council of the City of does hereby determine and declare that, in the Legislature nent Act of le of the Ls resolution, roceedinSs t its .t to the Constitution t public inabove provisions A Majority mining that rovisions Act of 1911." uthority e of the wport Beach 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 he and declare that the contractor to whom the contract sign said contract immediately upon the award of the must execute said contract and file the required bond City of Newport Beach within twenty -five (25) days of of first publication of notice of ward of contract. by determine awarded may mtract and with said r the date PUBLICATION OF RESOLUTION OF INTENTION SECTION 9; That 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 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 Clerk, all in the manner and form provided for under Sections 5070, 5194 and 5195 of the said "Improvement Act of 19110° of said Streets and Highways Code. POSTING OF NOTICE OF MPROVENENT SECTION..10: That 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: That 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 certi- ficate 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, -7- 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, SIGNED AND APPROVED by the City Council of the City of Newport Beach, California, at a regular meeting thereof held this 9,th day of June , 1970. Mayor ATTEST: J _ Ci' y tlerk IFI� AS aiiE 0 INAI _ _ ; -MY CLERK OF THE CI YO NEVGfOAT BLACK '- t�¢OTCa •- •••y.,.-- •.�_-� °ter.. =a • THIS : s 6-8-70