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HomeMy WebLinkAbout4959 - Margaret Dr & Irvine Ave Improvement(Lq RESOLUTION NO. "' J • RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE IMPROVEMENT AND CONSTRUCTION IN MARGARET DRIVE AND IRVINE AVENUE, SUBSTANTIALLY.AS SET FORTH IN THE REPORT FILED PURSUANT TO THE "SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931 ", AND THAT THE PROJECT IS FEASIBLE AND THAT THE LANDS WILL BE ABLE TO CARRY THE BURDEN OF THE PROPOSED ASSESSMENT. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That all protests and objections be overruled and denied upon the express finding that they are made by owners of less than one -half of the area of property to be assessed. SECTION 2. That the public interest, convenience and necessity require the improvement and construction of certain paving, curbs, gutters and driveway aprons in Margaret Drive between the southeasterly line of Tract No. 1880 as. per map recorded in Book 56, page 41, Miscellaneous Map Records of Orange County, and Irvine Avenue, including the intersection of Margaret Drive and Irvine Avenue, all to the extent and as shown on Plan No. 443 showing the general nature, location and extent of the proposed improvement, of the City of Newport Beach, substantially as set forth in the report thereof filed under the provisions of the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931 ", as modified by Resolution No. 4958. SECTION 3. That the project is feasible and that the lands to be assessed will be able to carry the burden of the proposed assessment and that the limitations on the amounts of assessments provided for in Division 4 of the Streets and Highways • Code of the State of California be disregarded both with respect to the limitation on the district as a whole and as to the limita- tion on individual specific assessments. -1- /3() • SECTION 4. That by this Resolution it is the intention of the Council to make all findings by the affirmative four - fifths • vote of all members thereof that all determinations as to necessity, feasibility and necessity to disregard the limitations set up in Division 4 as therein provided be made and determined. SECTION 5. That the.City Engineer and Special Counsel are hereby directed to prepare and submit to this Council for consideration, necessary plans and specifications and other resolutions and orders necessary in order that the improvement may proceed under the provisions of the . "Improvement Act of 191111, being,Division 7 of the Streets and Highways Code of the State -of California. ADOPTED. by the City Council, signed by the Mayor and attested by the City Clerk this 4 tk day of C'i.LAJ 1959. /d jz� MAYOR ~ Of the City of Newport Beach, California ATTEST. ITY CLERK • -2- 01 • STATE OF CALIFORNIA . ) COUNTY OF ORANGE ) SS _ CITY OF NEWPORT BEACH ) • I, MARGERY SCHROUDER , City Clerk of the .City of Newport Beach, California,,DO HEREBY CERTIFY that the foregoing Resolutiont,being Resolution No. q 9 r 9 , was duly passed, approved and adopted by the City Council of the City of Newport Beach, approved and signed by the Mayor, and attested by the City Clerk, all at akregular meeting of said City Council held on the io day of aAA.I , 1959, and that the same was passed and adopted by the following vote.. to wit.- AYES: COUNCILMEN 4" � , QA� 70 NOES: COUNCILMEN �Lw4 ABSENT: COUNCILMEN DATED this (, Ok- day of 04,a , 1959. (SEAL) \�" 5dn:4 'e-� S CITY CLE Of the City of Newport Beach, California -3- J Cl STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF NEWPORT BEACH ) I, MARGERY SCHROUDER, City Clerk of the City of Newport Beach, California, do hereby certify that according to the records of the City of Newport Beach filed and ,maintained in my office, the foregoing Resolution No. 4959 was duly and regularly adopted, passed, and approved by the City Council of adjourned the City of Newport Beach, California, at a regular /meeting of said City Council held at the regular meeting place thereof, on the 6th day of April 1 1959, by the following vote, to wit: AYES, COUNCILMEN: Hart, Lorenz, Somers, Kingsley, Atkinson, Higbie, Stoddard NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Dated this 7th day of April 1959. City Clerk a1d Of is o Clerk of the City Council, City of Newport Beach, State of California. /; i-