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HomeMy WebLinkAbout78-53 - Ordering Formation of Landscaping Assessment District No. 1RESOLUTION NO. 78-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FINDING THAT A MAJORITY PROTEST HAS NOT BEEN FILED WITH RESPECT TO THE FORMATION OF CITY OF COSTA MESA LANDSCAPING ASSESSMENT DISTRICT NUMBER 1, ORDERING THE FORMA- TION OF SAID DISTRICT, AND LEVYING AN ASSESSMENT THEREON FOR THE FISCAL YEAR 1978-1979. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: THAT, WHEREAS, City Council approval of Tentative Tract 9901 on June 20, 1977, contained a condition which states, "Landscape setbacks and parkways along Sunflower Avenue and Smalley Road shall be maintained by a mandatory homeowners association or by establishment of an assess- ment district under the Landscaping and. Lighting Act of 1972"; and WHEREAS, the City Council did adopt Resolution 77-95 proposing the formation of City of Costa Mesa Landscape Assessment District No. 1 and directing the City Engineer to prepare a report with respect to said District, pursuant to Section 22565 through and including Section 22574 of the Streets and Highways Code of the State of California; and WHEREAS, the City Engineer did prepare the above mentioned report and did file it with the City Council; and WHEREAS, the City Council did approve said report at its regular meeting of May 1, 1978; and WHEREAS, the City Council did adopt Resolution 78-50 declaring its intention to order the formation of City of Costa Mesa Landscaping Assessment District No. 1 and giving notice of a time and place for a public hearing on said formation and the levy of an assessment on said District; and WHEREAS, said hearing was duly and properly noticed; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: 1. The City Council hereby finds and determines that pursuant to the hearing required by Section 22590 of the Streets and Highways Code of the State of California, a majority protest has not been filed ob- jecting to the formation of City of Costa Mesa Landscaping Assessment District No. 1, or to the assessment levied hereby. 2. City of Costa Mesa Landscaping Assessment District No. 1 is hereby created by the adoption of this Resolution. Said District con- sists of that area encompassed by Tract 9901 in the City of Costa Mesa, County of Orange, and more specifically described in Exhibit "A", attached hereto and incorporated herein by reference. 3. The Assessment diagram contained in the City Engineer's report referred to hereinabove and the assessment of $94.22 for each lot located within said District are hereby adopted and said assessment is hereby levied for the 1978-1979 fiscal year. 4. Upon satisfactory installation of the landscaping improvements referred to in the City Engineer's report, and upon acceptance of said improvements by the City, the City of Costa Mesa Leisure Services Department shall undertake all necessary maintenance and possible future replacement of said landscaping and any facilities which are appurtenant thereto, or which are necessary or convenient for the maintenance or possible future replacement thereof, including the removal of debris, clearing, the maintenance and repair of water irrigation or drainage facilities on lettered lots B and C of Tract 9901. 5. The City Clerk shall forthwith transfer to the County Auditor of Orange County a certified copy of this Resolution. PASSED AND ADOPTED this 15th day of May, 1978. - r / Mayor of the City of Costa Mesa' ATTEST: ("! 9A -, or City Clerk of the City of Cos t�/Mesa STATE OF CALIFORNIA ) U COUNTY OF ORANGE ) SS CITY OF COSTA MESA ) I, EILEEN P. PHINNEY, 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. 78-53 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof, held on the 15th day of May, 1978. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 16th day of May, 1978. p City Clerk and ex—officio Clerk - the City Council of the City of Cos Mesa /C/TY G� AWNTA ANA c/TY •/ COliTAMESr! 3UNF10lNER AYENUF TRACT No.99oi 5GA4E : /I - /00' EXHIBIT "A" ASSESSMENT DIAGRAM LANDSCAPING ASSESSMENT DISTRICT NO.I IN THE CITY OF COSTA MESA, COUNTY OF ORANGE, STATE OF CALIFORNIA