HomeMy WebLinkAbout87-55 - Assessment District 87-1RCF /5711
4/30/87
RESOLUTION NO. 87 -55
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH PASSING ON THE
REPORT OF THE ENGINEER, GIVING
PRELIMINARY APPROVAL, AND SETTING A
TIME AND PLACE FOR PUBLIC HEARING
• On this 11th day of May, 1.987, on motion made, duly
seconded, and carried, the following Resolution is adopted
by the Newport Beach City Council acting in their official
capacity as the legislative body of the City of Newport
Beach, State of California.
WHEREAS, the City Council of the City of Newport Beach,
CALIFORNIA, (hereinafter referred to as "Agency "),,has
instituted proceedings for the construction of certain
public works of improvement and appurtenances under
provisions of the "Municipal Improvement Act of 1913 ", being
Division 12 of the Streets and Highways Code of the State of
California, in a special assessment district known and
designated as
ASSESSMENT DISTRICT NO. 87 -1
(hereinafter referred to as the "Assessment District "); and,
WHEREAS, there has been prepared and filed with the Agency a
"Report" provided for in Sections 10203, 10204 and 2961 of
the Streets and Highways Code of the State of California,
and this "Report" has been presented to the Agency for its
consideration; and,
WHEREAS, a Resolution of Intention for this improvement was
previously adopted by this Agency; and the "Report" as now
presented shall stand as the "Report" for the purpose of
subsequent proceedings hereunder.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and
correct.
SECTION 2. That the "Report" of the Assessment Engineer
referred to hereinabove is considered
adopted, passed upon, and preliminarily
approved, as follows:
A. That the plans and specifications
showing the general nature, location and
extent of the proposed improvements to be
made, contained in said "Report" be, and they
are hereby preliminarily approved and
adopted;
B. That the Assessment Engineer's estimate
of the itemized and total costs and expenses
of said acquisition, where necessary, and
improvements, and of the incidental expenses
in connection therewith, contained in the
"Report ", be, and each of them are hereby
preliminarily approved and adopted;
C. That the diagram showing the exterior
boundaries of the Assessment District
referred to and described in the Resolution
of Intention, and also the boundaries and
dimensions of the respective subdivisions of
land within the Assessment District, as the
same existed at the time of the passage of
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the Resolution of Intention, each of which
subdivisions have been given a separate
number upon said diagram, as contained in
said "Report ", be, and it is hereby
preliminarily approved and adopted;
D. That the proposed assessment upon the
several subdivisions of land in the
• Assessment District, in proportion to the
estimated benefits to be received by such
subdivisions, respectively, from said
acquisition and improvements, and of the
incidental expenses thereof, as contained in
the "Report ", be, and they are hereby
preliminarily approved and adopted;
E. That the maps and descriptions of the
lands and easements which may need to be
acquired, as contained in the "Report" be,
and the same are hereby preliminarily
approved;
F. That the "Report" shall stand as the
Assessment Engineer's "Report" for the
purpose of all subsequent proceedings had
pursuant to said Resolution of Intention.
G. That the total amount, as near as may be
determined of the total principal sum of all
unpaid special assessments and special
assessments proposed to be levied under any
completed or pending assessment proceedings
other than contemplated by the instant
proceedings, as contained in said "Report ", be
and hereby are preliminarily approved and
adopted.
H. That the total. true value, as near as may
be determined, of the parcels of land and
improvements which are proposed to be assessed,
as contained in said "Report ", be and hereby
are preliminarily approved and adopted.
SECTION 3. NOTICE IS HEREBY GIVEN THAT ON MONDAY, THE
22ND DAY OF JUNE, 1987, AT THE HOUR OF 7:30
O'CLOCK P.M., IN THE REGULAR MEETING PLACE OF
THE AGENCY, BEING THE CITY COUNCIL CHAMBERS,
LOCATED AT 3300 NEWPORT BLVD., NEWPORT BEACH,
CA. 92663, ANY AND ALL PERSONS HAVING ANY
OBJECTIONS TO THE PROPOSED WORK, OR
ASSESSMENT, OR 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
THE RESOLUTION OF INTENTION AND THE "REPORT"
OF THE ASSESSMENT ENGINEER. PROTESTS MUST BE
IN WRITING AND MUST BE DELIVERED TO THE
AGENCY AT OR BEFORE THE TIME SET FOR THE
PUBLIC HEARING.
SECTION 4. That the City Clerk is hereby directed to
give notice of said Public Hearing by causing
to be conspicuously posted on all open
streets within the Assessment District, not
more than 300 feet apart on each street so
posted, but not lens than 3 in all, notice of
the passage of the Resolution of Intention
and of this Resolution, all in accordance
with the provisions of Section 10300 et. seq.
of said Division 12.
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SECTION 5. That the City Clerk is hereby directed to
give notice of the Public Hearing and of the
passage of the Resolution of Intention and
this Resolution by causing such notice to be
published in accordance with Section 6066 of
the Government Code, in the Newport Ensign,
the newspaper designated by Agency as the
newspaper for all publications as required by
• law and as necessary for completion of this
Assessment District.
SECTION 6. That the City Clerk is hereby directed to
mail notice of the Public Hearing and the
adoption of the Resolution of Intention and
of the filing of the "Report" to all persons
owning real property proposed to be assessed,
whose names and addresses appear on the last
equalized assessment roll for Agency taxes
prior thereto, or as known to Agency, and to
all other persons as prescribed in accordance
with the provisions of said Division 12.
SECTION 7. That the
directed
boundary
Recorder
adoption
boundary
set fort
Highways
City Clerk is hereby further
to file a copy of the proposed
map in the Office of the County
within fifteen (15) days of the
of the proposed boundary map; said
map to be in the manner and form as
1 in Division 4.5 of the Streets and
Code of the State of California.
APPROVED and ADOPTED this 11th day of May, 1987
ATTEST:
City Clerk
PASSED and ADOPTED by the City Council of the City of
Newport Beach acting as the official legislative body of the
City of Newport Beach by the following vote:
AYES: MEMBERS: Cox, Hart, Maurer, Plummer, Sansone,
Turner
NOES: MEMBERS: Strauss
ABSENT: MEMBERS:
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STATE OF CALIFORNIA )
COUNTY OF ORANGE )
I, City Clerk of the City of Newport
Beach, California, hereby certify the foregoing to be a
full, true and correct copy of the record of the action
. taken by the City Council, by the vote of the members
present, as the same appears in the Official Minutes of said
Board of its meeting of , 1987.
City Clerk of the City
Newport Beach
By:
r:
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