HomeMy WebLinkAbout90-98 - Assessment District 60 - West Bay AvenueRESOLUTION NO. 90 -98
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, PASSING ON THE "REPORT"
OF THE ENGINEER, GIVING PRELIMINARY APPROVAL, AND
SETTING A TIME AND PLACE FOR PUBLIC HEARING
WHEREAS, the CITY COUNCIL of the CITY OF NEWPORT BEACH, CALIFORNIA, 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. 60 (WEST
BAY AVENUE FROM 8TH STREET TO 15TH STREET) (hereinafter referred to as the "Assess-
ment District "); and,
WHEREAS, said "Report" is a combined "Report ", consolidating the requirements
of both the "Municipal Improvement Act of 1913" and the "Special Assessment Investi-
gation, Limitation and Majority Protest Act of 1931 "; and,
WHEREAS, a Resolution of Intention for this improvement was previously adopted
by the legislative body; and the "Report" as now presented shall stand as the
"Report" for the purpose of subsequent proceedings hereunder; and
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 Engineer referred to hereinabove is consi-
dered adopted, passed upon, and preliminarily approved, as follows:
A. That the plans and specifications for the proposed improvements
to be made, contained in said "Report" be, and they are hereby preliminarily
approved and adopted;
B. That the 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 said "Report ", be, and
each of them are hereby preliminarily approved and adopted;
C. That the diagram showing the Assessment District referred to
and described in said Resolution of Intention, and also the boundaries and dimen-
sions of the respective subdivisions of land within said Assessment District, as the
same existed at the time of the passage of said 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 said 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 said "Report ", be, and they
are hereby preliminarily approved and adopted;
• E. That the maps and descriptions of the lands and easements to be
acquired, as contained in said "Report" be, and the same are hereby preliminarily
approved;
F. That the total amount of unpaid and /or previously levied
special assessments, if any, as set forth, are preliminarily approved;
G. That the valuation data, including the true value of the land
and improvements, as determined from the cash values of the parcels as shown upon
the last equalized assessment roll of the County is hereby preliminarily approved.
SECTION 3. That said "Report" shall stand as the Engineer's "Report" for the
purpose of all subsequent proceedings had pursuant to said Resolution of Intention.
SECTION 4. NOTICE IS HEREBY GIVEN THAT ON TUESDAY, THE 13TH DAY OF NOVEMBER,
1990, AT THE HOUR OF 7:00 O'CLOCK P.M., IN THE REGULAR MEETING PLACE OF THIS LEGISLA-
TIVE BODY, BEING THE COUNCIL CHAMBERS, CITY HALL, 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 ENGINEER. PROTESTS MUST BE IN WRITING AND MUST BE DELIVERED TO THE
CITY CLERK AT OR BEFORE THE TIME SET FOR THE PUBLIC HEARING.
SECTION 5. 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
less than 3 in all, notice of the passage of the Resolution of Intention and of this
Resolution, all in accordance with the provisions of said Division 12.
SECTION 6. That the City Clerk is hereby directed to give notice of said
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 Govern-
0 ment Code, in the newspaper previously designated as the newspaper for all publics-
tions as required by law and as necessary for completion of this Assessment
District.
SECTION 7. That the City Clerk is hereby directed to mail notice of said
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 County taxes
prior thereto, or as known to said City Clerk, and to all other persons as
• prescribed in accordance with the provisions of said Division 12.
SECTION 8. That the City Clerk is hereby further directed to file a copy of
the proposed boundary map in the Office of the County Recorder within fifteen (15)
days of the adoption of the proposed boundary map; said boundary map to be in the
manner and form as set forth in Division 4.5 of the Streets and Highways Code of the
State of California.
APPROVED and ADOPTED this 24th day of September 1990.
ATTES
CITY CLERK
•
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF NEWPORT BEACH
I, WANDA E. RAGGIO, CITY CLERK of the CITY OF NEWPORT BEACH, CALIFORNIA, DO
HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 90 -98 , was
duly passed, approved and adopted by the City Council, approved and signed by the
• Mayor, and attested by the City Clerk, all at the regular meeting of said City
Council held on the 24th day of September 1990, and that the same
was passed and adopted by the following vote:
L SEni ,
AYES: COUNCIL MEMBERS TURNER, WATT, SANSONE, PLLZMR, HART, STRAUSS, COX
NOES: COUNCIL MEMBERS NONE
ABSENT: COUNCIL MEMBERS NONE
ABSTAIN: COUNCIL MEMBERS NONE
EXECUTED this 26th day of September , 1990, at Newport Beach, California.
C14fY CLERK
CITY OF NEWPORT BEACH
STATE OF CALIFORNIA