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HomeMy WebLinkAbout81-09 - Ordering Changes, Engineers Report, South Coast Drive Assessment District 79-01RESOLUTION NO. 81-9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ORDERING CHANGES AND MODIFICATIONS IN PROCEEDINGS AND ENGINEER'S REPORT IN A SPECIAL ASSESSMENT DISTRICT PURSUANT TO THE "MUNICIPAL IMPROVEMENT ACT OF 1913." WHEREAS, this City Council has previously adopted its Resolution of Intention and confirmed an assessment for certain works of improve- ment in a special assessment district, pursuant to the terms and provisions of the "Municipal Improvement Act of 1913," being Division 12 of the Streets and Highways Code of the State of California; said special assessment district known and designated as ASSESSMENT DISTRICT NO. 79-01, South Coast Drive, (hereinafter referred to as the "Assess- ment District"); and WHEREAS, subsequent to the confirmation of the assessment and after the improvements were ordered, but during the pendency of the proceedings, it appears to be in the best public interest to order cer- tain changes and modifications to the proceedings, the Engineer's "Report," and certain individual assessments. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That this City Council hereby orders the changes to be made as set forth in the attached Exhibit "A," and the Assessment Roll shall be modified and amended to reflect the modifications as set forth in said Exhibit "A," and the Engineer is directed to proceed to so modify the Engineer's "Report," assessment roll, and diagram where appropriate. SECTION 3. That said changes and modifications are hereby ordered pursuant to the provisions of Section 10352 of the Streets and Highways Code of the State of California, and said changes and modifications will not result in the increase in any individual assessment or result in the inclusion of any properties not originally within the boundaries of the Assessment District. SECTION 4. That no public hearing is required inasmuch as the changes and modifications as set forth in the attached Exhibit "A" meet the intent and requirements of Section 10352 of the "Municipal Improvement Act of 1913." SECTION 5. That said changes and modifications are all hereby ordered, pursuant to the provisions of Chapter 4.5 of Division 12 of the Streets and Highways Code of the State of California. SECTION 6. That said changes and modifications, as so ordered, are to the best interests of the property owners within the boundaries of the Assessment District; and the assessment roll and Engineer's "Report," as modified, shall now stand as the "Report" for all sub- sequent proceedings relating to this Assessment District. SECTION 7. That said change, although not resulting in the increase in any assessment, has been expressly requested in writing by all property owners who would be affected by the assessment or works of improvements. A supplemental petition, as presented to this City, is hereby approved and accepted in order to be kept on file in the office of the City Clerk. SECTION 8. That an agreement between the City of Costa Mesa and the Southern Pacific Transportation Company, a copy of which is on file in the office of the City Clerk relating to the installation of the grade crossing improvements, is hereby approved and execution is authorized to be made by the Mayor and City Clerk. PASSED AND ADOPTED this 17th day of February, 1981. Mayor of the City of Costa esa ATTEST: C ty Clerk of the City of Cost�fesa STATE OF CALIFORNIA ) 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. 81-9 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof, held on the 17th day of February, 1981. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 18th day of February, 1981. ;Q City Clerk and ex -officio Clerk the City Council of the City of Cos& Mesa CHANGES AND MODIFICATIONS CITY OF COSTA MESA ASSESSMENT DISTRICT NO. 79-01 THE INSTALLATION AND CONSTRUCTION OF FOUR (4) FLASHING LIGHT GRADE CROSSING SIGNALS, TOGETHER WITH AUTOMATIC GATE ARMS, TOGETHER WITH ALL APPURTENANCES AND APPURTENANT WORK IN CONNECTION THEREWITH. FOR PARTICULARS AS TO THE DETAILS OF THE WORKS OF IMPROVEMENT, REFERENCE IS MADE TO THE AGREEMENT BETWEEN THE CITY OF COSTA MESA AND SOUTHERN PACIFIC TRANSPORTATION COMPANY, A COPY OF WHICH IS ON FILE IN THE OFFICE OF THE CITY CLERK, AND OPEN FOR PUBLIC INSPECTION. EXHIBIT "A" Resolution No. 81-9