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Home My WebLink About7575 - Assessment District 54 - Alley Paving in Newport Heights & BalboaC� sk RESOLUTION NO. 7575 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DECLARING ITS INTENTION TO HOLD A PUBLIC HEARING FOR THE PURPOSE OF DETERMINING WHETHER THE PROVISIONS OF THE "SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931" SHOULD OR SHOULD NOT APPLY TO THE PROCEEDINGS FOR THE CONSTRUCTION OF CERTAIN STREET IMPROVEMENTS IN PROPOSED ASSESSMENT DISTRICT NO. 54 PURSUANT TO THE IMPROVEMENT ACT OF 1911 WHEREAS, the City Council of the City of Newport Beach intends to commence proceedings for the formation of an assessment district pursuant to the provisions of the Improvement Act of 1911 (commencing with Section 5000 of the California Streets & Highways Code), for the purpose of constructing certain improvements consisting of the establishment and changing of grades in alleys; grading and paving of alleys; reconstruction of alley approaches; the adjustment of grades on private property to eliminate disparities in levels between the alleys and adjacent private property; the construction of retaining walls, embankments and any other work necessary to complete the project, in those areas of the City known as Newport Heights and Balboa; said assessment district to be known as Assessment District No. 54; and WHEREAS, Division 4 of the California Streets & Highways Code, which is commonly referred to as the Special Assessment Investigation, Limitation and Majority Protest Act of 1931, provides in Section 2820 of said Act that before a city council may order the construction of any public improvement or the acquisition of any property for public use where the cost of such construction or acquisition is to be paid in whole or in part by special assessments or through special assessment taxes upon lands, the proceedings required by said Act must be followed; and i� WHEREAS, Section 2804 of the California Streets & Highways Code provides that the provisions of the Special Assessment -1- A1 Investigation, Limitation and Majority Protest Act of 1931 shall not apply to improvement proceedings conducted by a charter city when said city has complied with the provisions of Section 17 of Article XIII of the Constitution of the State of California; and WHEREAS, Section 17 of Article XIII of the Constitution provides in part as follows: and "Notwithstanding any provisions for debt limitation or majority protest as in this section, provided if, after the giving of such reasonable notice by publication and posting and the holding of such public hearing as the legislative body of any such chartered county, chartered city, or chartered city and county shall have prescribed, such legislative body by no less than a four - fifths vote of all members thereof, finds and determines that the public convenience and necessity require such improvements or acquisitions, such debt limitation and majority protest provisions shall not apply. "; WHEREAS, it is the intention of the City Council to hold a hearing to determine whether the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 shall apply to the proceedings to establish Assessment District No. 54; NOW, THEREFORE, the City Council of the City of Newport Beach DOES HEREBY RESOLVE AND ORDER as follows: Section 1. Description of Proposed Assessment District No. 54 and Cost Estimate of Improvements: The location of the land, the estimated cost and the nature of the work being considered within proposed Assessment District No. 54 are set forth in the "Revised Preliminary Report on Proposed Assessment District No. 54 (Alley Paving in Newport Heights and Balboa) ", dated November 8, 1971, and shown on a map designated Exhibit "A ", showing the general -2- J locations of the proposed improvements and the lands to be assessed to pay the cost thereof, which are on file in the offices of the City Clerk and the City Public Works Director. . Section 2. Time and Place of Hearing. NOTICE IS HEREBY GIVEN that on the 24th day of January, 1972, at the hour of 7:30 p.m. in the Chambers of the Newport Beach City Council, located in the City Hall of said City at 3300 Newport Boulevard, Newport Beach, Orange County, California, any and all persons having any objections to the formation of the proposed Assessment District No. 54 without compliance with the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 may appear and show cause why the City Council should not find and determine that the public convenience and necessity require that proceedings for the formation of the proposed special assessment district should be conducted without compliance with the provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931. Section 3. Notice of Hearing. A notice of the hereinabove described hearing shall be given to all of the owners of property within the boundaries of the district proposed to be assessed to pay the costs and expenses of said improvements, as follows: a. Notice of a hearing on the proposed improvements shall be posted for 10 full days on the Newport Beach bulletin board in the lobby of the City Hall near the entrance to the Council Chambers of the City Council of the City of Newport Beach, and said posting shall be completed at least 10 days prior to the date fixed for hearing; . b. A notice setting forth the time and place of e"S' hearing upon the public convenience and necessity of said improvements shall be published in the Newport Harbor Ensign -3- by at least two publications in two entire issues of said newspaper, one being on one day, and the other issue being on a subsequent day of the same or a subsequent week, the first publication of which shall be at least 10 days prior � to the date fixed for the hearing. The City Clerk is directed to post and publish said notices as hereinabove provided, said notices to include a brief description of the proposed improvements; c. A notice setting forth the time and place of hearing upon the public convenience and necessity of said improvements shall be mailed by the City Clerk, with postage prepaid, to all persons owning real property which is proposed to be assessed to pay any part of the cost of the work, whose names and addresses appear on the last equalized assessment roll, or as they may be otherwise known to the City Clerk. Said notices shall be mailed at least 10 days prior to the date fixed for the hearing. Section 4. Any person owning, or having an interest in, real property within the district proposed to be assessed to pay the cost and expense of said improvements may file with the City Clerk, on or before the date fixed for said hearing, a written protest to the undertaking of said proceedings without canpliance with the provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931, and said protest shall include a description of the property of the protestant and the nature of the protest. If there are no protests or objections filed as provided herein, or if after said protests or objections have been duly ® heard and overruled, the City Council may adopt a resolution finding and determining that the public convenience and necessity require the proposed improvements, and if said resolution is adopted we by a vote of not less than four - fifths of all members of the City Council, the provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 shall not apply. ADOPTED this 13th day of December, 1971. ATTEST: Mayor City Clerk e C IED AS THE OR AL CITY CLERK OF THE CITY OF NE MT BEACH DEC 1. 6.._19.7..1_.._..- ._..__....__. DO'N:mh 12/3/71 -5-