HomeMy WebLinkAbout95-26 - Special Assessment District 72 - Balboa CovesRESOLUTION NO. 95 -26
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 HEARINGS
WHEREAS, the CITY COUNCIL of the CITY OF NEWPORT BEACH, CALIFORNIA, has insti-
tuted proceedings for the installation 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. 72
(BALBOA COVES) (hereinafter referred to as the "Assessment District "); and,
WHEREAS, there has been prepared and filed with the legislative body a "Report"
provided for in Sections 10203 and 10204 of the Streets and Highways Code of the
State of California, and this "Report" has been presented for consideration; and,
WHEREAS, said "Report" is a combined "Report ", consolidating the requirements
of both the "Municipal Improvement Act of 1913" and the "Special Assessment
Investigation, 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. I
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
considered 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
dimensions 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 TWO (2) PUBLIC HEARINGS ARE HEREBY
SCHEDULED IN THE REGULAR MEETING PLACE OF THIS LEGISLATIVE BODY, BEING THE COUNCIL
CHAMBERS, CITY HALL, ON THE FOLLOWING DATES AND TIMES:
A. FIRST PUBLIC HEARING: MARCH 27, 1995 AT 7:00 P.M.
B. SECOND PUBLIC HEARING: APRIL 10, 1995 AT 7:00 P.M.
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 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 6. 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 13th day of February 1995.
C
MAY
ATTEST:
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CITY CLERK 0
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