HomeMy WebLinkAbout7603 - Assessment District 54RESOLUTION NO. 7603
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH DETERMINING THAT A MAJORITY
PROTEST DOES NOT EXIST AGAINST THE PROPOSED
WORK TO BE DONE WITHIN ASSESSMENT DISTRICT
NO. 54, OVERRULING ALL PROTESTS AND ORDERING
CERTAIN WORK TO BE DONE IN SAID ASSESSMENT
DISTRICT PURSUANT TO THE "IMPROVEMENT ACT OF
191111, WITHOUT COMPLIANCE WITH THE "SPECIAL
ASSESSMENT INVESTIGATION.. LIMITATION AND
MAJORITY PROTEST ACT OF 1931" AND DIRECTING
THAT THE BIDS FOR SAID WORK MAY BE OPENED,.
EXAMINED AND DECLARED BY THE CITY CLERK
WHEREAS, on December 13, 1971, the City Council of the
City of Newport Beach adopted Resolution No. 7575 determining
necessary proceedings for waiver of the Special Assessment
Investigation, Limitation and Majority Protest Act of 1931,
Division 4 of the California Streets & Highways Code, in connection
with proposed Assessment District No. 54, and setting a hearing
for January 24, 1972, at the hour of 7:30 p.m. before the City
Council; and
WHEREAS, on December 13, 1971, the City Council also
adopted Resolution No. 7576 declaring its intention to order the
construction of certain street improvements in Assessment District
No. 54, pursuant to the Improvement Act of 1911, and setting
January 24, 1972, at the hour of 7:30 p.m. as the time for
presenting objections to said work to the City Council; and
WHEREAS, on January 24, 1972, a consolidated hearing was
held to consider protests to the construction of said street
improvements and to the waiver of compliance with the requirements
of the Special Assessment Investigation, Limitation and Majority
Protest Act of 1931; and
•
WHEREAS, the City
Council has
considered all protests
and objections, both written
and oral,
to the waiver of said
Special Assessment Investigation, Limitation and Majority Protest
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S
•
•
Act of 1931, and to the ordering of said work;
NOW, THEREFORE, the City Council of the City of Newport
Beach DOES HEREBY RESOLVE,_ DETERMINE AND ORDER, as follows:
SECTION 1. The public convenience and necessity require
that the proposed work and improvements in Assessment District
No. 54 be constructed without full compliance with the provisions
of the Special Assessment Investigation, Limitation and Majority
Protest Act of 1931, Division 4 of the California Streets & Highways
Code, and in lieu of such full compliance the City Council elects
to follow the provisions for waiver thereof as set forth in
Section 17 of Article XIII of the State Constitution.
SECTION 2. The City Council hereby finds and determines
that the proposed work to be done should be modified by deleting
the following territory and work set forth in Resolution of
Intention No. 7576, and authorizes the filing of an amended
boundary map showing the boundary of Assessment District No. 54 as
modified at the public hearing, to be recorded in the Office of
the Orange County Recorder and filed in the Office of the City
Clerk:
Deleted Territory
a. Block 30, First Addition to Newport Heights;
b. Block 21, First Addition to Newport Heights;
Deleted Work
a. Improvements in Block 30 and 21, First Addition
to Newport Heights;
b. Improvements in Alley No. 115, the first alley
north of and parallel with Cliff Drive, extending
from Redlands Avenue to Riverside Avenue, in
Block 24, First Addition to Newport Heights.
SECTION 3. The City Council hereby finds and determines
that a majority protest does not exist and that the protests or
objections to the ordering of said work, as modified, represent
less than one -half of the area of the property to be assessed for
the proposed improvement. It is hereby ordered that each of said
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protests or objections is overruled.
SECTION 4. The public interest and convenience require
the work hereinafter described to be done and the City Council
therefore orders the following work to be done, as modified herein,
• in Assessment District No. 54, to wit: The construction of alley
improvements consisting of paving alleys and alley approaches with
portland cement concrete pavement and asphalt concrete pavement
in certain streets and alleys; said work shall also include the
establishment and changing of grades in streets and alleys, public
ways, and rights of way; the adjustment of grades on private property
to eliminate any disparity in level between improvements in the
public rights of way, driveways and walkways on private property;
and the construction of retaining walls, embankments and other
structures as necessary and appurtenant to the above described
work, in those areas of the City of Newport Beach known as Newport
Heights and Balboa, said assessment district to be known as
Assessment District No. 54, all as more particularly described in
Resolution of Intention No. 7576 adopted by the City Council on
December 13, 1971, and in accordance with the plans, drawing and
specifications referred to in said resolution, as modified herein.
SECTION 5. All of the work or improvements herein
ordered shall be accomplished and carried out pursuant to the
provisions of the Improvement Act of 1911, Division 7 of the
California Streets & Highways Code, and shall be done under the
direction of and to the satisfaction of the City Public Works
Director who is also the Superintendent of Streets.
SECTION 6. The City: "Clerk is directed to open, examine
and declare the proposals or bids at a public meeting after
giving notice of the time and place thereof in the notice inviting
• bids to do the work, as modified at the public hearing, and the
City Clerk shall report the results of the bidding to the City
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Council at the next regular meeting after the opening of bids.
SECTION 7. The City Clerk is further directed to post
conspicuously on the bulletin board near the door to the City
Council Chambers, for not less than five (5) days, at least ten
• (10) days prior to the date set for bid opening, a notice inviting
bids to do the work as modified at the public hearing, and to
publish said notice twice in the Newport Harbor Ensign. the first
publication to be at least ten (10) days prior to the date set
for bid opening.
ADOPTED this 24th day of January, 1972.
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ATTEST:
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City Clerk
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CM CLERK OF THE CITY O NEW T MACH
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Mayor
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