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Home My WebLink About4976 - Margaret Drive Assessment DistrictJ> . RESOLUTION NO. '4776 • RESOLUTION OF THE CITY COUNCIL OF THE.CITY OF NEWPORT BEACH, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE CONSTRUCTION OF CERTAIN PAVINGp GRADING, CURBS, GUTTERSt DRIVEWAY.APPROACHES AND LOWERING MANHOLES, TOGETHER WITH - APPURTENANCES AND APPURTENANT WORK IN MARGARET DRIVE AND OTHER STREETS AND RIGHTS OF WAY IN SAID CITY, DECLARING THE. WORK TO BE OF MORE THAN LOCAL OR ORDINARY PUBLIC BENEFIT, DESCRIBING.THE DISTRICT TO BE BENEFITED. BY SAID WORK AND TO PAY THE COSTS AND EXPENSES, AND.FIXING A TIME AND PLACE FOR HEARING OBJECTIONS TO SAID WORK AND FOR THR ISSUANCE OF BONDS The City Council of the City of Newport Beach, pursuant to the provisions of the "Improvement Act of 1911 ", being Division 7 of the Streets.and Highways Code of the State.of California, does HEREBY.RESOLVE AS FOLLOWS: SECTION 1. That the public interest and convenience require, and it is the intention of the .City Council of the City of Newport Beach, California, to order the following work to be done, to wit: DESCRIPTION OF'WORK FIRST: The construction of certain grading, plant mix pavement, rock base, remodeling of a catch basin curb, gutter, driveway approaches, lowering manholes, together with appurtenances and appurtenant work in MARGARET DRIVE between the center line.of Irvine Avenue and the Northwesterly line. of Lot 28, Newport Heights, as shown in Miscellaneous.Map Book 4, page 83, Records of Orange County, California; including the construction o£.certain grading, premix • pavement, curb and gutter in Irvine Avenue at and adjacent to its intersection with Margaret Drive PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS SECTION 2. All of the said work and improvements to be done shall be constructed upon the grades, along the lines, -1- /L between the points, of the dimensions, at the places and in the • manner shown on the plans, profiles and drawings.for the con- struction of said improvements on file in the Office of .the City Engineer of said City, and except as otherwise provided on said plans, in further accordance with the specifications for the construction of said improvements, said specifications being on file in the office of the City Clerk of said City, and to which plans, profiles, drawings and specifications here - tofore. approved by the City Council of said City reference is hereby made for a further, full and more particular description . of said work, and they shall govern as to all details. The. .designation "grading" shall include the reconstruction of exist- ing underground structures to grade as indicated on the afore- mentioned plans and profiles. DESCRIPTION OF ASSESSMENT DISTRICT SECTION 3. That the said contemplated work and improve - ment, in the opinion of said City Council, is of more than local or ordinary public benefit, and the said City Council hereby makes the expenses of the said work and improvement less the amount of contribution hereinafter mentioned, charge- able upon a district, which said district the said City Council; hereby declares to be the.district benefited by said work and improvement and to be assessed to pay the costs and expenses thereof, and which district is described as follows: All that certain territory of the City of Newport Beac7i, Caii fornia, exclusive of streets and alleys, • included within the exterior boundary line shown upon the _ map of said Assessment District heretofore approved by the City Council of said City, indicating by said boundary line the extent of the territory included within the proposed assessment district, and which Plan is on file in the Office of the City -2- 7 Engineer of said City. Reference.is hereby made to said Plan • for a further, full and more particular description of said • assessment district, and the said Plan so on file .shall govern for all details as to the extent of the said assessment district. DESCRIPTION OF 'BONDS SECTION 4. That serial bonds, bearing interest at the rate of six per cent (6 %) per annum, shall be issued to repre- sent each assessment of Fifty Dollars ($50.00) or more, remain- ing unpaid for thirty (30) days after the date of recording the. warrant. Said serial bonds shall extend over a period ending nine (9) years from the.seco.nd day of January next succeeding the next October fifteenth following their date. Payments on the principal of unpaid assessments and interest thereon shall be made by property owners to the City Treasurer, and the same Shall be disbursed by said City Treasurer, all as provided in the "Improvement Act of 1911 ", hereinafter referred to. TIME AND PLACE OF HEARING SECTION 5. NOTICE IS HEREBY GIVEN, that on the a.5 q day of "— 1959, at the h.our of 7:30 P.M. in the chambers of the City Council in the City.Hall in said City of Newport Beach, any and all persons having any objections to the proposed work or improvement or to the 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 this Resolution of Intention. Protests must be in writing and must be delivered to the City Clerk prior to the time set for the hearing. -3- 1 • IMPROVEMENT ACT • SECTION 6. That all of the work herein proposed shall be done and carried through in pursuance of an Act of the Legislature of the.State of :California, designated the "Improvement Act of 1911 ", being Division 7 of the :Streets and Highways Code of the State of California. INVESTIGATION REPORT SECTION 7. That the reports required by the. "Special Assessment Investigation, Limitation and Majority Protest Act of 1931" are on file in the Office of the City Clerk of the City of Newport Beach, and may be examined at said office. The esti- mated cost of the improvement is $14,748.50. The City will contribute towards the aforesaid costs the sum of.$3500.00 out of its General Fund. PUBLICATION OF RESOLUTION OF INTENTION SECTION 8. The City Clerk shall certify to the passage of this Resolution and shall cause the same to be published twice, by two consecutive and separate insertions, in the 111. ,..k,,,-,i1- 0 a newspaper published and circulated in said City. The first publication shall be.made not less than ten (10) days prior to the public hearing stated herein. The City Clerk is directed to mail notices of • the adoption of this Resolution of Intention to all persons owning • real property proposed to be assessed, whose names and addresses appear on the last - equalized assessment roll for City taxes, all -4- r' • in the manner.and form provided for under Sections 5070, 5194 and 5195 of the said "Improvement Act of 1911 ", of said Streets and Highways • Code. .POSTING OF NOTICE OF IMPROVEMENT SECTION 9. The Superintendent of Streets of the City of Newport Beach, California, shall cause to be conspicuously posted along the line of said .contemplated work or improvement and along all open streets within the district liable to be assessed for said work, notices of the passage of this Resolution of Intention in the time, form and manner provided by said Code. APPROVED and ADOPTED this _2_1 a_day of April, 1959 ATTEST: CITY CLERK • • -5- I 0 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 Resolution, being Resolution No. yglb , was duly passed, approved and adopted by said City Council, approved and signed by the Mayor, and attested by the City Clerk, all at a 'AQ meeting of said City Council held on the a7 C� day of ava 1959, and that the same was passed and adopted by the following vote, to wit: AYES: Councilmen o Ap-�.Q NOES: Councilmen �,hC ABSENT: Councilmen DATED this a P day of (SEAL) • • Cti- p 1959. 0 , k A--, S 0 0 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. 4976 was duly and regularly adopted, passed, and approved by the City Council of the City of Newport Beach, California, at a regular meeting of said City Council held at the regular meeting place thereof, on the 27th day of April v 1959, by the following vote, to wit= AYES, COUNCILMEN: Hart, Lorenz, Somers, Kingsley, Atkinson, Higbie, Stoddard NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Dated this 28th day of April 19 59. f "\ a--g City Clerk afield Ex- Tfficio Clerk of the City Council, City of Newport Beach, State of California. 7 I