HomeMy WebLinkAbout62-141 - Drainage District Improvement No. 2 - Intention3'04
RESOLUTION N0. 62-141
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE CONSTRUCTION
OF CERTAIN IMPROVETIIsMS AND THE ACQSiSITION OF CERTAIN
PROPERTIES FOR DRAINAGE PORP(M; DESCRIBING THE NECESSARY
ACQUISITIONS, PROPOSED IMPROVEMENTS, DISTRICT TO BE BENEFITED,
ORDERING THE REPORT AS REQUIRED BY THE MUNICIPAL IMPROVEMENT
ACT OF 1913, BEING DIVISION 12 OF THE STREETS AND HIGHWAYS
CODE OF THE STATE OF CALIFORNIA, AND PROVIDING THE ISSUANCE
OF BONDS UNDER DIVISION 7 OF SAID CODE (ASSESSMENT DISTRICT
NO. 12).
WHEREAS, this Council has received a petition requesting the
acquisitions and improvements 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 percent (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 HEREBY 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 12 of the Streets and Highways Code of the State of California,
commonly known aa the "Municipal Improvement Act of 1913", to order the
acquisition of necessary rights of way and to order work to be done and
improvements made all in the City of Costa Mesa, California, as follows,
to wit:
The acquisition of necessary properties and rights of way
for drainage purposes by gift or purchase, or by eminent domain proceedings,
consisting in general of the acquisition for said improvements over and
across those certain properties as shown on that certain map designated
Map of Assessment District No. 12, heretofore adopted by this Council and
which map is on file in the Office of the City Clerk of the City of Costa
Mesa. Reference is hereby made to said map for a further, fall and more
particular descriptions of said properties and rights of way to be acquired;
and
The construction of storm drains, together with catch basins,
manholes, necessary outlet structures, together with all necessary appurten-
ances and appurtenant work in Gisler Avenue, Bear Street and Smalley Street
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and in the easements above described.
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 map, Exhibit "A", 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 is on file in the Office of the. City
Clerk of said City. Reference is hereby made to said map for a further,
full and more particular description of the said Assessment District and
the said map so on file shall govern for all details as to the extent of
the Assessment District.
SECTION 3. That this proposed improvement and acquisition is
hereby referred to D. Southworth, the City Engineer of the City of Costa
Mesa, designated Engineer of Work for said improvement District (Assess-
ment District No. 12), 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 estimate 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 shell 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
306
Highways 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 lot
following their date.
The principal sum and interest thereon shall become due and
payable all as provided for in said Division 7, being commonly known 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 semi-
annually.
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 owner of the
land upon which the assessment
was levied,
as such owner
appears
from
the
last equalized assessment roll
at the time
the refund is
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 daylxof�Noov�eember, �1196�2.
Mayor of the City of C sta Mesa
ATTEST; /�^ Q
City Clerk of the City of Costa Mesa
i
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS.
CITY OF COSTA MESA )
_9lr
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 foregoing Resolu-
tion of Intention No. 62-141 was 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 end ex -officio Clerk of the
City Council of the City of Costa Mesa