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Home My WebLink About8566 - Assessment District 50 - Balboa Island Street Lighting DistrictRESOLUTION NO. 8566 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DECLARING ITS INTENTION TO ANNEX CERTAIN ADDITIONAL LANDS TO ASSESS- MENT DISTRICT NO. 50 (BALBOA ISLAND STREET LIGHTING DISTRICT) AND FURTHER DECLARING ITS INTENTION TO ORDER AN IMPROVEMENT CONSIST- ING OF THE INSTALLATION OF STREET LIGHTING IMPROVEMENTS AND APPURTENANCES IN SAID PROPOSED ANNEXATION NO. 1 TO ASSESSMENT DISTRICT NO. 50 (BALBOA ISLAND STREET LIGHTING DISTRICT) AND SETTING THE TIME AND PLACE FOR HEARING PROTESTS THEREON. WHEREAS, the City Council of the City of Newport Beach adopted Resolution No. 6214 on September 13, 1965, declaring its intention to order the improvement of street lighting in proposed Assessment District No. 50 (Balboa Island Street Lighting District); and WHEREAS, on October 25, 1965, the City Council of the City of Newport Beach by Resolution No. 6236 established said Assessment District No. 50 pursuant to the Street Lighting Act of 1919 and ordered the proposed improvements be made; and WHEREAS, the City Council of the City of Newport Beach authorized the execution of a contract with Southern California Edison Company to provide service to Assessment District No. 50 (Balboa Island Street Lighting District); and WHEREAS, said contract for service to Assessment District No. 50 (Balboa Island Street Lighting District) was made and executed with the City of Newport Beach; and WHEREAS, the City Council of the City of Newport Beach by Resolution No. 6667 on November 13, 1967 declared its intention to order the improvement consisting of additional street lights and appurtenances in Assessment District No. 50 (Balboa Island Street Lighting District); and • WHEREAS, the City Council of the City of Newport Beach by Resolution No. 6676 on December 11, 1967 ordered the installa- tion of additional street lights and appurtenances in Assessment District No. 50 (Balboa Island Street Lighting District); and WHEREAS, the City Council of the City of Newport Beach on July 14, 1975 directed the Public Works Director of the City of Newport Beach to prepare and file a written report entitled "Proposed Annexation No. 1 of Additional Lands to Assessment District No. 50" and to prepare a Resolution of Intention for • Council consideration on August 11, 1975; WHEREAS, the City Council hereby finds and declares that the public interest and convenience require the annexation of said proposed Annexation No. 1 of Additional Lands to Assess- ment District No. 50 and the installation of certain street lighting improvements as hereinafter described; NOW, THEREFORE, the City Council of the City of Newport Beach does hereby find, resolve and order as follows: 1. The City Council hereby declares its intention to annex certain additional lands to Assessment District No. 50 (Balboa Island Street Lighting District) which are shown on attached drawing No. E- 5020 -5, dated July 9, 1975 which drawing is marked Exhibit "I" and incorporated herein by this reference as if fully set forth herein, the original area consisting of Assessment District No. 50 (Balboa Island Street Lighting District) as shown on drawing No. E- 4993 -5 dated August 17, 1965 which drawing is marked Exhibit "II" and incorporated herein by this reference as if fully set forth herein by the Public Works Department of the City of Newport Beach. 2. The City Council hereby declares its intention to order the proposed improvement which consists of installing a leased street lighting system along Bay Avenue from 8th Street to 15th Street in the City of Newport Beach and contained within the boundaries of drawing No. E- 5020 -5, dated July 9, 1975. 3. The said annexation and improvement shall proceed in accordance with and under the terms and conditions of the Street • Lighting Act of 1919, Division 14, Part 1 of the Streets and Highways Code of the State of California. 4. The boundaries of Assessment District No. 50 (Balboa Island Street Lighting District) shall be increased by the annexa- tion identified as "Proposed Annexation No. 1 of Additional Lands -2- to Assessment District No. 50" with the addition of said land, (which land is non - contiguous to Assessment District No. 50) the resulting district will include the area of Assessment District No. 50 as shown on drawing No. E- 4993 -S, dated August 17, 1965 and the additional land is shown on drawing No. E- 5020 -S, dated July 9, 1975. That area which consisted of Assessment District No. 50, prior to annexation, shall be and constitute Zone 1 of said Assessment District and shall have a separate and distinct tax rate from that area known as "Annexation No. 1 of Additional Lands to Assessment District No. 50" which shall be designated as Zone 2 and shall have its own separate and distinct tax rate. 5. If any lots or parcel of land are owned by the City of Newport Beach within the proposed area to be annexed, the City Council hereby declares this intention that all such land shall be omitted from the assessment hereafter to be made to cover the costs of said improvement. The term of said Assessment District No. 50, as annexed to , shall remain the same, to wit, twenty (20) years from December 1, 1965 which, therefore, will end on December 1, 1985, 6. The City Council hereby declares its intention to contribute 50% of the cost.of maintenance of the street lights in the area designated as Annexation No. 1 of Additional Lands to Assessment District No. 50. 7. The City.Council hereby declares its intention to amend the contract with the Southern California Edison Company to provide for service within the area designated as Annexation No. 1 of Additional Lands to Assessment District No. 50. 8. The City Council hereby declares its intention to proceed under the procedure of Chapter 8.5, Part 1, Division 14 No. 1 of Additional Lands to Assessment District No. 50. 9. The City Council further declares its intention that said assessment shall be levied upon the land, exclusive of any -3- of the California Streets and Highways Code for the purpose of • collecting assessments within the land designated as Annexation No. 1 of Additional Lands to Assessment District No. 50. 9. The City Council further declares its intention that said assessment shall be levied upon the land, exclusive of any -3- • • improvements located thereon. 10. The estimated cost of improvements in the area designated as Annexation No. 1 of Additional Lands to Assessment District No. 50 is estimated to be, for the fiscal year ending June 30, 1976, Eight Hundred Seventy Nine Dollars and Eighty -One Cents ($879.81). 11. That Monday, September 8, 1975 at 7:30 P.M. be and the same is hereby fixed as the day and hour persons having filed written protests may appear of the City Council of the City of Newport Beach Newport Boulevard, Newport Beach, Orange County, show cause why the City Council should not order improvement to proceed. when all interested at the Chambers located at 3300 California, and the proposed 12. The notice of the hearing hereinabove provided for shall be given in accord with Section 18071 of the California Streets and Highways Code, and the City Clerk is hereby directed to cause a notice, as prescribed in Section 18071, Streets and Highways Code, to be published by two successive insertions in the Official Newspaper of the City, such publication to be completed at least ten (10) days prior to the date set for the hearing of protests. 13. That any interested person who objects to the proposed improvement or annexation or to the assessment therefor, may file a written protest, stating his objections thereto, with the City Clerk at or before the hour set for the hearing of protest. The City Clerk is directed to endorse on every such protest the date and time of its receipt by said Clerk, and at the time appointed for the hearing shall present to the City Council all protests so filed. ADOPTED this 11th day of August , 1975, ATTEST: -4- CEITIR AS'GHIPlAL _. ....... CI tt CLERK OF THE CITY OP PORT R.ACH AUG 14 1975 PAW, HRC:yz 8/6/75