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HomeMy WebLinkAbout96-89 - Approve Engineer's Report Regarding Establishment of Assessment District No. 9601 (Shalimar Drive Alleys)RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, TO PRELIMINARILY APPROVE THE ENGINEER'S REPORT, TO ORDER THE HEARINGS, AND TO DIRECT ACTIONS WITH RESPECT THERETO FOR THE ESTABLISHMENT OF ASSESSMENT DISTRICT NO. 96-1 (SHALIMAR DRIVE ALLEYS). THE CITY COUNCIL OF THE CITY OF COSTA MESA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: 1. Resolution of Intention. On September 16, 1996, the City Council ("Council") of the City of Costa Mesa ("City") adopted Resolution No. - Ff a Resolution of Intention to Make Acquisitions and Improvements ("Resolution of Intention") under the Municipal Improvement Act of 1913, Division 12, of the California Streets and Highways Code ("Act"), to initiate proceedings under the Act in and for the City's Assessment District 96-1 (Shalimar Drive Alleys) ("Assessment District"). 2. Engineer's Report. The Resolution of Intention referred the acquisitions and improvements described therein to the person designated therein as the Engineer of Work and directed the Engineer of Work to prepare and file with the City Clerk a report ("Engineer's Report") pursuant to the Act and containing information set forth in the Resolution of Intention to which reference is hereby made for further particulars. 3. Engineer's Report Preliminarily Approved. The Engineer of Work has prepared and filed the Engineer's Report with the City Clerk, and the Council, with the aid of City staff, has reviewed the Engineer's Report, and hereby finds it to be sufficient for, and that it shall stand for purposes of subsequent proceedings for the Assessment District and the Engineer's Report is hereby preliminarily approved. 4. Hearings. Pursuant to the Act, this Council hereby orders that a public meeting and a public hearing shall be held before this Council in the regular meeting lace thereof, City Hall, 77 Fair Drive, Costa Mesa, California 92626, as follows: (a) The public meeting shall be held on Monday, October 21, 1996, at 6:30 p.m., for the purpose of allowing public testimony regarding the proposed assessments for the Assessment District; provided, however, that at said public meeting, no action shall be taken to create the Assessment District; and (b) The public hearing shall be held on Monday, November 4, 1996, at 6:30 p.m., for the purposes of this Council's determination whether the public interest, convenience, and necessity require the acquisitions and improvements and this Council's final action upon the Engineer's Report and the assessments therein. 5. Notice of Hearing. The City Clerk is hereby authorized and directed to cause notice of the meeting and the hearing ordered under Section 4 hereof to be given by mailing, postage prepaid, in the United States mail, and such notice shall be deemed to have been given when so deposited in such nail. The envelope or cover of the mailing shall include the name of the City and the return address of the City Clerk as sender. The mailed notice shall be given to all property owners within the Assessment District as shown in the Engineer's Report by such mailing by name to those persons whose names and addresses appear on the last equalized assessment roll of the County of Orange or the State Board of Equalization assessment roll, as the case may be. The notice shall include but not be limited to the estimated amount of assessment per parcel, a general description of the purpose or improvements that the assessment will fund, and the address to which property owners may mail a protest against the assessment. The notice herein provided shall be mailed not less than forty-five (45) days before the date of the public hearing. 6. Boundary Map. The proposed boundaries of the proposed Assessment District are hereby described as shown on a map thereof on file in the office of the City Clerk ("Boundary Map"), which indicates by a boundary line the extent of the territory to be included in the proposed Assessment District and which Boundary Map shall govern for all details for further purposes of the proceedings for the Assessment District and to which reference is hereby made for further particulars. The City Clerk is hereby authorized and directed to endorse upon the original and at least one copy of the Boundary Map the date of the filing thereof, and date and adoption of this resolution, and to cause a copy of the Boundary Map to be filed with the County Recorder of the County of Orange in which all of the proposed Assessment District is located, within fifteen (15) days of the adoption of this resolution, but in no event later than fifteen (15) days in advance of the date of the public hearing ordered under Section 4 hereof. The County Recorder shall endorse upon the Boundary Map the time and date of filing and shall fasten the same securely in a book of maps of assessment and community facilities districts which the County Recorder shall keep in his or her office. The County Recorder shall index the Boundary Map by the name of the City and by the distinctive designation of the proposed Assessment District. PASSED AND ADOPTED this 16th day of September, 1996. ATTEST: 7-. qU� Deputy City C rk of the City of Costa Mesa STATE OF CALIFORNIA 1 COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) — -L' 9'cj-,� May"o the City of Costa Mesa ROVED AS TO FORM —!!2i.w•� - - I�i-i�e CITY ATTORNEY I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Resolution No. F6 -0 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on the 16th day of September, 1996, by the following roll call vote: AYES: R i G K S ©,A) , & FFA NOES: NONC ABSENT: I �OAJA /fff 40 rzh-)3uGKL E Cr1 EnJiS IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 17th day of September, 1996. -T. LICS..CL,�7— Deputy City Jerk and ex -officio Clerk of the City Co cil of the City of Costa Mesa