HomeMy WebLinkAbout4959 - Margaret Dr & Irvine Ave Improvement(Lq
RESOLUTION NO. "' J
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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.
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• 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.
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MAYOR ~
Of the City of Newport Beach,
California
ATTEST.
ITY CLERK
•
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• 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)
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CITY CLE
Of the City of Newport Beach, California
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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.
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