HomeMy WebLinkAbout63-19 - Shopping Center District - Resolutiion of IntentionM
RESOLUTION N0. 63-19
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, DECLARING ITS INTENTION OR ORDER THE CONSTRUCTION
OF CERTAIN IMPROVEMENTS AND THE ACQUISITION OF CERTAIN PROPERTIES
FOR STREET, ALLEY AND PARKING PURPOSES; 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.
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 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, CALIFORNIA,
DOES HEREBY RESOLVE AS FOLLOWS:
12 of the Streets and Highways Code of the State of California, commonly ]mown
as 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 street,
alley and vehicle parking 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. 13, heretofore adopted by this
Council and which map is on file in the Office of the City Clerk of Costa
Mesa. Reference is hereby made to said map for a further, full and more
particular description of said properties and rights of way to be acquired; and
The construction of sidewalks, planters, curbs and gutters, grading
and paving, relocation of utilities, together with all necessary appurtenances
and appurtenant work as shown on said map and above referred to.
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 ]mown
as 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 street,
alley and vehicle parking 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. 13, heretofore adopted by this
Council and which map is on file in the Office of the City Clerk of Costa
Mesa. Reference is hereby made to said map for a further, full and more
particular description of said properties and rights of way to be acquired; and
The construction of sidewalks, planters, curbs and gutters, grading
and paving, relocation of utilities, together with all necessary appurtenances
and appurtenant work as shown on said map and above referred to.
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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 known 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, easements and
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public -owned property included within the exterior boundary line shown upon that
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certain map, Exhibit "A", approved by the City Council this date, 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 re-
ferred to D. Southworth, the City Engineer of the City of Costa Mesa, designated
Engineer of Work for said Improvement District (Assessment District No. 13,) 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 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 subdivisions 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 sub-
divisions, respectively. Said assessment shall refer to such subdivisions upon
said diagram by the respective numbers therof.
SECTION 4. That it is hereby determined declared that bonds
and serial
shall be issued in accordance with Division 7 of the Streets and 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
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recording of the diagram and assessment for this improvement. The serial bonds
shall extend over a period ending nineteen (19) 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 known as the "Improvement
Act of 1911", that the maximum rate of interest to be paid on the indebtedness
shall not exceed six (6%) per cent 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 rate 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 represent the same to
the earliest unpaid installment, or installments of principal and interest.
APPROVED AND ADOPTED this 28th day of January, 1963-
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Mayor 3-t e City of Costa Mesa
ATTEST:
City Clerk of the City of Costa Mesa
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 that the foregoing
Resolution of Intention No. 63-19 was duly and regularly passed at an adjourned
regular meeting of the City Council of the City of Costa Mesa on the 28th day
of January, 1963.
IN WITNESS WHEREOF, I do hereunto set my hand and seal this 29th day
of January, 1963.
City Clerk and ex -officio Clerk of the
City Council of the City of Costa Mesa