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HomeMy WebLinkAbout79-103 - Confirming Assessment, Ordering Improvements for Assessment District 79-01M RESOLUTION NO. 79-103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CONFIRMING THE ASSESSMENT, ORDERING THE IMPROVEMENTS MADE, TOGETHER WITH APPURTENANCES, AND APPROVING THE ENGINEER'S REPORT. WHEREAS, this City Council did, on the 28th day of June, 1979, adopt its Resolution of Intention No. 79-77 for the construction of certain public works of improvement, together with appurtenances and appurtenant work, including acquisition, where appropriate, in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 79-01 (SOUTH COAST DRIVE) (hereinafter referred to as the "Assessment District"); and WHEREAS, pursuant to said Resolution of Intention, a "Report", as therein provided, was presented, considered, and approved by this Council; and WHEREAS, said "Report" as preliminarily approved contained all the matters and items called for by law and as pursuant to the provi- sions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and HIghways Code of the State of California, including the following: 1. Plans and specifications of the proposed improvements; 2. Estimate of Cost; 3. Diagram of Assessment District; 4. An Assessment according to Benefits; 5. A Description of the Works of Improvement; and, WHEREAS, this City Council has heard and considered all protests and a full hearing having been given all in the manner provided by law; and WHEREAS, notices of said hearing were duly and regularly posted, mailed and published in the time, form and manner required by law and as evidenced by affidavits on file in the Office of the City Clerk; and WHEREAS, the owners of one-half (1/2) of the area assessed for the cost of the project did not file written protests against the said proposed improvements and acquisition, where appropriate, and said City Council did, after providing a full hearing, overrule and deny all protests and objections; and WHEREAS, said City Council is now satisfied with the assessment and all matters contained in the "Report", as now submitted, NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF COSTA MESA CALIFORNIA, AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That the "Report", consisting of the assessment and diagram for the improvements, together with appur- tenances and appurtenant work in connection therewith, including acquisition, where appropriate, is hereby confirmed. SECTION 3. That the public interest and convenience require the proposed improvement to be made and therefore said City Council hereby orders the work to be done and improvements to be made together with appurtenances and appurtenant work in connection therewith, including acquisition, where appropriate, in said Assessment District, as set forth in Resolution of Intention No. 79-77 adopted on the 28th day of June, 1979, as set forth in the "Report" presented and considered by this City Council, and as now submitted. That the Engineer's "Report", including the estimate of the itemized and total costs and expenses of said acquisition, where appropriate, and improvements, including incidental expenses in connection therewith, be and it is hereby finally adopted and so approved. SECTION 4. That the City Treasurer of this City is hereby autho- rized and directed to establish a special fund account to be know and designated as "IMPROVEMENT FUND FOR ASSESSMENT DISTRICT NO. 79-01 (SOUTH COAST DRIVE) into which shall be paid all payments to be received upon said assessment, and the proceeds of the sale of securities to be issued representing unpaid assessments. SECTION 5. That the assessment contained in said "Report" is hereby levied upon the respective subdivisions of land in the Assessment District as set forth in said "Report" SECTION b. That the City Clerk shall forthwith deliver to the Superintendent of Streets the said assessment, together with the diagram attached thereto and made a part thereof, as confirmed by this City Council with his certificate of �- such confirmation thereto attahced and the date thereof; and that said Superintendent of Streets shall then immediately record said diagram and assessment in his office in a suitable book to be kept for that purpose and attach thereto his certificate of the date of such recording. SECTION 7. That said Superintendent of Streets, upon the recording of said diagram and assessment, shall mail to each owner of real property within the Assessment District as his last known address, as the same appears on the tax rolls of the City or on file in the Office of the City Clerk of said City, or to both addresses if said adress is not the same, or to the General Delivery when no address so appears, a statement containing a desig- nation by street number or other description of the prop- erty assessed sufficient to enable the owner to identify the same, the amount of the assessment, the time and place of payment thereof, the effect of failure to pay within such time, and a statement of the fact that bonds will be issued on all unpaid assessments pursuant to the applicable provision of law and the Resolution of Intention. SECTION 8. That said Superintendent of Streets shall also give notice by publishing a copy of a notice of recording of assessment in the DAILY PILOT, a newspaper published in said City in the manner and form as provided by law, giving notice that said assessment has been recorded in his Office, and that all sums assessed thereon are due and payable immeidately, and that the payment of said sums is to be made within thirty (30) days after the date of recording the assessment, which date shall be so stated in said notice, and of the fact that securities will be issued upon unpaid assessments. SECTION 9. That the City Clerk, immediately upon recordation of the assessment roll and diagram, shall file a certified copy of the assessment diagram in the Office of the County Recorder. Immediately thereafter, said City Clerk further shall record a copy of the notice of assessment in the Office of said County Recorder in the manner and form as set forth by law and specifically Section 3114 of the Streets and Highways Code of the State of California. The assessments do not become a lien upon the individual and particular parcels within the boundaries of the Assessment District until said notice of assessment has been so recorded. APPROVED AND ADOPTED this 6th day of August, 1979. ayor of t e Cit o Costa Mesa ATTEST: 9_30&�_ Ci y C erk of 'Me- City of Cost sa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF COSTA MESA ) 1, 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. 79-103 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof, held on the 6th day of August, 1979. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 7th day of August, 1979. .on/ Xeff p. Cit Clerk and ex -officio Clerkthe City Council of the City of Cos Mesa