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HomeMy WebLinkAbout62-138 - Drainage District Improvement No. 1 - IntentionRESOLUTION No. 62-138 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE CONSTRUCTION OF CERTAIN IMPROVEMENTS IN ADAMS AVENUE AND IN CERTAIN PUBLIC EASEMENTS SITUATED SOUTHERLY OF ADAMS AVENUE FOR THE CONSTRUCTION OF STORM DRAINS; DESCRIBING THE PROPOSED IMPROVEMENT'S, DISTRICT TO BE BENEFITED, ORDERING THE REPORT AS REQUIRED BY THE MUNICIPAL IMPROVEMENT ACT OF 1913, BEING DMSION 12 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND PROVIDING THE ISSUANCE OF BONDS UNDER DIVI- SION 7 OF SAID CODE ( ASSESSMENT DISTRICT NO. 11 ). WHEREAS, this Council has received a petition requesting the improve - meats hereinafter set forth and containing a Waiver of the provisions and limitations contained in Division 4 of the Streets and Highways Code of the State of California; and WHEREAS, this Council does by this Resolution make its finding on the sufficiency of said petition and does hereby declare that said petition was signed by the owners of more than sixty per cent (60%) in area of the property proposed to be assessed for the proposed improvement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, DOES ffiU:BY RESOLVE AS FOLLOWS: SECTION 1. That the public interest, convenience and necessity require, and it is the intention of this Council, pursuant to the provisions of Division 12of the Streets and Highways Code of the State of California, commonly known as the "Municipal Improvement Act of 1913", to order rnrk to be done and improvements made all in the City of Costa Mesa, California, to wit: The construction of storm drains, together with catch basins, manholes, necessary outlet structures, rock slope protectLon, together with all necessary appurtenances and appurtenant work to properly effectuate the completed improvement in the following described street and easements, to wit: (a) Adams Avenue between approximately Mesa Verde Drive and the Northerly prolongation of Placentia Avenue. L(b) The public easement for storm drain purposes running approximately along the prolongation of Placentia Avenue from Adams Avenue to the Northerly boundary of the Fairview State Hospital property. (c) The public easement for storm drain purposes running from the Northerly boundary of said Fairview State Hospital property M Southeasterly to the existing D-4 Storm Drain Channel. (d) .The public easement for storm drain purposes running Southerly from Adams Avenue along the prolongation of Mesa Verde Drive. SECTION 2. That the District to be benefited by said improvement and to be assessed to pay the costs and expenses thereof and to be know as the Assessment District, shall be that part of the City of Costa Mesa, California, described as follows: All that certain territory, exclusive of streets, alleys and easements included within the exterior boundary line show upon that certain plat, Exhibit "A", consisting of one (1) page, heretofore approved by the City Council of the City of Costa Mesa, on the 19th day of November, 1962, indicating by said boundary line the extent of the territory included within the proposed assessment district, and which map or plat is on file in the Office of the City Clerk of said City. Reference is hereby made to said map or plat for a further, full and more particular descriptions of the said assessment district, and the said map or plat so on file shall govern for all details as to the extent of the said assessment district. SECTION 3. That this proposed improvement is hereby referred to D. Southworth, the City Engineer of the City of Costa Mesa, and Engineer of work for said improvement district (Assessment District No. 11), and that said Engineer is hereby directed to make and file with the City Clerk a report in writing presenting the following: 1. Plans and Specifications of the proposed improvement. 2. An extimate of the cost of the proposed improvement and of the incidental expenses in connection therewith. 3• A diagram of the Assessment District above described, which shall also show the boundaries and dimensions of the respective sub- divisions of land within said district as the same exist at the time of the passage of this Resolution of Intention and shall be given a separate number upon said diagram. 4. A proposed assessment of the total amount of the costs and expenses of the proposed improvements upon the several subdivisions of land in said district in proportion to the estimated benefits to be received by said subdivisions, respectively. Said assessment shall refer to such subdivisions upon said diagram by the respective numbers thereof. SECTION 4. That it is hereby determined and declared that serial bonds shall be issued in accordance with Division 7 of the Streets and I Nighwys Code (Improvement Act of 1911) to represent each assessment of Fifty ($50.00) Dollars or more remaining unpaid for thirty (30) days after the date of the recording of the diagram and assessment for this improve- ment. The serial bonds shall extend over a period ending fourteen (14) years from the 2nd day of January next succeeding the next September lst following their date. The principal sum and interest thereon shall become due and payable all as provided for in said Division 7, being commonly ]mown as the "Improvement Act of 1911"; that the maximum rate of interest to be paid on the indebtedness shall not exceed six (6%) percent a year payable semiannually. SECTION 5• That if the assessment for this improvement results in a surplus in the Improvement Fund after the improvement is completed, the surplus shall be credited pro rata or refunded to the parties assessed as follows: Where the assessment or any installment thereof has been paid in cash, such credit shall be returned in cash to the ower of the land upon which the assessment was levied, as such ower appears from the last equalized assessment roll at the time the refund 1s made. Where the assessment or any installment thereof is unpaid, the credit shall be applied upon such assessment or bonds issued to repre- sent the same to the earliest unpaid installment, or installments of prin- cipal and interest. APPROVED AND ADOPTED this 19th day of November, 1962, ATTEST: City Clerk of the City or Costa Mesa Mayor of the City of Cos%a Mesa 299 300 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF COSTA MESA ) I, C, K, PRIEST, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, California, do hereby certify the fore- going Resolution of Intention No. 62-138 vas duly and regularly passed at a regular meeting of the City Council of the City of Costa Mesa on the 19th day of November, 1962• IN WITNESS WHEREOF, I do hereunto set my hand and seal this 20th day of November, 1962, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa i i