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HomeMy WebLinkAbout7576 - Assessment District 54 - Alley Paving in Newport Heights & Balboai , RESOLUTION NO. 7576 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DECLARING ITS INTENTION TO ORDER • THE CONSTRUCTION OF CERTAIN STREET IMPROVEMENTS IN ASSESSMENT DISTRICT NO. 54 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 TO BE BENE- FITTED 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 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 & 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 and asphalt concrete pavement in the streets and alleys hereinafter described. Said 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, driveways and walkways on private property; and the construction of retaining walls, embank- ments 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 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 -1- 1 J Section 5104- of the California Streets & Highways Code. The locations in which the above described work is proposed to be done are as follows: Sheet of Plans Block Tract 40, 41 12 First Addition to Newport Heights 32, 35 13 First Addition to Newport Heights 33, 36 14 First Addition to Newport Heights 31, 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 10, 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 6, 7 31 First Addition to Newport Heights 9, 10 32 First Addition to Newport Heights 11, 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 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. 54, shall be in accordance with the plans and specifications for the construction of said work and improvements, 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, -2- 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 specifica- tions referred to above, which grades may be different from the grades heretofore existing, established or adopted. DESCRIPTION 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 Assessment District No. 54, which said map is entitled "Map Showing Boundary of Assessment District No. 54 in the City of Newport Beach, Orange County, California, Newport Heights and Balboa Alley Improvements ", identified as Drawing No..M- 5145 -5, dated November 10, 1971, 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 -3- of any lot or parcel of land belonging to the United States, or to the State of California, County of Orange, any public school district, • or the 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 per cent (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 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 & 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: "M I 0 n U Estimated cost of all incidental expenses $ 43,580 Estimated costs of improvement on public property or rights of way 216,162 Estimated costs of improvement on private property 15,75Q Estimated total cost of proposed work $275,492 Estimated contribution by City to construction costs $41,299 Estimated constribution by City for incidental costs 5,617 Total estimated contribution by City $46,916 The City Council hereby elects and determines to waive the payment in advance of all of the incidental expenses in accordance with the provisions of Section 5256 of the California Streets & Highways Code. No cash disbursements will be made to the contractor prior to the confirmation of the assessment._ At the time the assessment is made, all money expended by the City for incidental expenses will be used as a setoff for City contributions to the proposed assessment district. The balance owed to the contractor by the City after credit is allowed for incidental costs expended will be paid to the contractor upon delivery of the warrant, assessment and diagram. TIME AND PLACE OF HEARING Section 6. NOTICE IS HEREBY GIVEN that on the 24th day of January, 1972, at the hour of 7:30 p.m., in the City Council Chamber located in the City Hall of the City of Newport Beach at 3300 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 degcription of the property in which each signer thereof is -5- interested, sufficient to identify the same, and must be delivered to the City Clerk of the 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. IMPROVEMENT ACT Section 7. All of the work herein proposed shall be done and carried through pursuant to an act of the Legislature of the State of California, designated as the "Improvement Act of 1911 ", being Division 7 of the Streets & Highways Code of the State of California. (Concurrently with the adoption of this resolution, the City Council of the City of Newport Beach did adopt its Resolution No. 7575 , dated December 13, 1971, 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 proposed Assessment District No. 54 pursuant to the Improvement Act of 1911, said hearing to be consolidated with the public hearing scheduled in accordance with Section 6 above.) PROPERTY OWNERS NOT TO TAKE CONTRACT Section 8. Pursuant to the provisions and the authority granted by Section 5260 of the Streets & 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 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 & Highways Code. POSTING NOTICE OF IMPROVEMENT 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 -7- f i original and on at least one copy of the map or plat of the assessment district as referred to in Section 3 hereof her v r • certificate 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 & Highways Code of the State of California, ADOPTED this 13th day of December, 1971. ATTEST: -City Clerk ZTYCAL'E�R�K FIED AS THE O F THE CITY OF N WokT BEACH DEC 16 1811 "TTa Ll Mayor DO °N:mh 12/3/71