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
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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,
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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
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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
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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
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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
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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
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Mayor
DO °N:mh
12/3/71