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HomeMy WebLinkAbout64-45 - Gisler Drainage District - Resolution of Intention212 RESOLUTION OF INTENTION No. 64-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE ACQUISITION OF CERTAIN EASEMENTS AND RIGHTS OF WAY, DECLARING ITS INTENTION TO ORDER THE CONSTRUCTION OF CERTAIN IMPROVEMENTS IN SAID EASEMENTS AND RIGHTS OF WAY SITUATED NORTHERLY OF GISLER AVENUE AND BETWEEN BEAR STREET AND HARBOR BOULEVARD, FOR THE CONSTRUCTION OF STORM DRAINS AND APPURTENANCES IN CON- NECTION THEREWITH, IN THE CITY OF COSTA MESA, COUNTY OF ORANGE, STATE OF CALIFORNIA (ASSESSMENT DISTRICT NO. 12). WHEREAS, this City Council has, on April 20, 1964, adopted its Resolution No. 64-35, being a resolution covering the preliminary determination of the legislative body under the "SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931", determining the general nature, location and extent of the proposed work and acquisition, and ordering the preparation of a report on said improvement and acquisition in the matter of Drainage District Improvement No. 2 (Assessment District No. 12); and WHEREAS, the aforesaid resolution appointed D. Southworth for the purpose of preparing the report in the manner and form provided for in Division 4 of the Streets and Highways Code of the State of California; NOW, THEREFORE, the City Council of the City of Costa Mesa, California, does hereby resolve as follows: SECTION 1. That the public interest, convenience and necessity require, and it is the intention of this City Council, pursuant to the provisions of Division 12 of the Streets and Highways Code of the State of California, commonly known as the "Municipal Improvement Act of 1913", to order the acquisition of necessary easements and 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 property for storm drain purposes, the construction of storm drains, together with catch basins, manholes, necessary outlet structures, rock slope protection and appurtenances, and appurtenant work in connection therewith, all as shown on those certain plans for Assessment District No. 12, which plans have heretofore been approved by this City Council and are on file in the office of the City Clerk and open to public inspection; that said plans are hereby referred to for a description of the proposed acquisition and work and shall govern for all parti- culars relative to said acquisition and improvement. SECTION 2. That the district to be benefited by said improvements and to be assessed to pay the costs and expenses thereof and to be known as the assessment district, shall be all that part of the City of Costa Mesa, California, having 213 exterior boundaries as shown on that certain map showing the general nature, location and extent of the acquisition and improvements of properties and the boundaries of the assessment district, attached to and made a part of the Report heretofore mentioned, prepared pursuant to the provisions of Division k of said Streets and Highways Code, on file in the office of the City Clerk of the City of Costa Mesa. Reference is hereby made to said map for a full and com- plete description of said assessment district and the map shall govern for all details as to the extent of the assessment district. SECTION 3• That this proposed improvement is hereby referred to D. SOUTHWORTH, Engineer of the City of Costa Mesa, and that said Engineer is hereby directed to make and file with the Clerk of this Council 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, including the cost of acquisition, and of the incidental expenses in connection therewith. 3. A diagram showing the assessment district above -referred to, 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 separate numbers 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, from said improve- ments. 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 Highways Code of the State of California (Improvement Act of 1911) to represent each assess- ment of $50.00 or more upon all assessments remaining unpaid for thirty (30) days after the date of the recording of the Diagram and Assessment for this improvement. The serial bonds shall extend over a period ending fourteen (14) years from the second day of January next succeeding the next September first following their date. r- 214 The principal sum shall become due and payable all as provided for in said Division 7, being commonly known as the "Improvement Act of 1911". The first interest payment shall be payable on April 15 next succeeding the March 1 or the October 15 next succeeding the September 1, as the case may be, next following the date of the bonds. The bonds shall bear interest at the rate to be determined on the sale thereof, provided how- ever, that said rate shall not exceed the maximum rate of six per cent (6%) per annum. 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 assess- ment was levied, as such owner appears from the last equalized assessment roll etthe time the refund is made. Where the assessment or any installment thereof is unpaid the credit shall be applied upon such assessment or the earliest unpaid installment, or install - meats of principal and interest. L PASSED AND ADOPTED this 4th day of May, 1964• Ma r of the City of Costa Mesa ATTEST: City CityCity C�the City of Costa Mesa STATE OF CALIFORNIA ) ) SS. COUNTY OF ORANGE ) I, C. K. PRIEST, City Clerk of the City of Costa Mesa and ex -officio Clerk of the City Council of the City of Costa Mesa, do hereby certify that at a regular meeting of the City Council of the City of Costa Mesa, California, held on the 4th day of May, 1964, the foregoing Resolution, being Resolution No. 64-45, was considered section by section, and that said Resolution was then passed and adopted as a whole by the following roll call vote, to wit: AYES: Councilmen: Meyers, Wilson, Pinkley, Jordan, Barck NOES: Councilmen: None ABSENT: Councilmen: None IN WITNESS WHEREOF, I have hereunto set my hand and seal this 5th day of May, 1964. City Clerk afia ex -officio Clerk of the City Council of the City of Costa Mesa