HomeMy WebLinkAbout81-33 - Confirming Assessment District 80-1, Ordering ImprovementsRESOLUTION NO. 81-33
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.
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 Agency 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 Agency; and
WHEREAS, the owners of one-half (1/2) of the area assessed for
the costs of the project did not file written protests against the
said proposed improvements and acquisition, where appropriate, and
said Agency did, after providing a full hearing, overrule and deny all
protests and objections; and
WHEREAS, said Agency is now satisfied with the assessment and all
matters contained in the "Report" as now submitted.
NOW, THEREFORE, IT IS HEREBY RESOLVED 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 appurtenances and appurte-
nant work in connection therewith, including acquisition, where appro-
priate, is hereby confirmed.
SECTION 3. That the public interest and convenience require the
proposed improvements to be made, and therefore said Agency 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. 81-14, adopted on the 16th day
of March, 1981, as set forth in the "Report" presented and considered
by this Agency, and as now submitted.
SECTION 4. That the Treasurer of this Agency is hereby authorized
and directed to establish a special fund account to be known and desig-
nated as IMPROVEMENT FUND FOR ASSESSMENT DISTRICT NO. 80-1 into which
fund 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.
WHEREAS, the City Council of the City of Costa Mesa, California
(hereinafter referred to as "Agency"), did previously adopt its Resolu-
tion of Intention for the construction of certain public works of
improvement, together with appurtenances and appurtenant work, includ-
ing acquisition, where appropriate, in a special assessment district
known and designated as: ASSESSMENT DISTRICT NO. 80-1, (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
Agency; 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 Agency 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 Agency; and
WHEREAS, the owners of one-half (1/2) of the area assessed for
the costs of the project did not file written protests against the
said proposed improvements and acquisition, where appropriate, and
said Agency did, after providing a full hearing, overrule and deny all
protests and objections; and
WHEREAS, said Agency is now satisfied with the assessment and all
matters contained in the "Report" as now submitted.
NOW, THEREFORE, IT IS HEREBY RESOLVED 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 appurtenances and appurte-
nant work in connection therewith, including acquisition, where appro-
priate, is hereby confirmed.
SECTION 3. That the public interest and convenience require the
proposed improvements to be made, and therefore said Agency 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. 81-14, adopted on the 16th day
of March, 1981, as set forth in the "Report" presented and considered
by this Agency, and as now submitted.
SECTION 4. That the Treasurer of this Agency is hereby authorized
and directed to establish a special fund account to be known and desig-
nated as IMPROVEMENT FUND FOR ASSESSMENT DISTRICT NO. 80-1 into which
fund 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 Assess-
ment District as set forth in said "Report".
SECTION 6. That the Clerk of this Agency 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
Agency, with his certificate of such confirmation attached 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 record-
ing of said diagram and assessment, shall mail to each owner of real
property within the Assessment District at his last known address, as
the same appears on the tax rolls of the County or on file in the
Office of this Agency, or to both addresses if said address is not the
same, or to General Delivery when no address so appears, a statement
containing a designation by street number or other description of the
property 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 unpaid assessments pursuant to the
"Improvement Bond Act of 1915".
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, the newspaper previously selected by Agency to publish
all notices 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 immediately, 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 Clerk of the Agency, immediately upon record-
ation of the assessment roll and diagram, shall file a certified copy
of the assessment diagram in the Office of the County Recorder. Immedi-
ately thereafter, said 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 recorded.
PASSED AND ADOPTED this 4th day X981.
or of the MY of Co—st-5-Fe—sa
ATTEST:
Deputy Ci Clerk of the City
of Costa resa
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
I, EILEEN P. PHINNEY, City Clerk of the City of Costa Mesa, Cali-
fornia, do hereby certify that the foregoing Resolution, being Resolu-
tion No. 81-33, was duly passed, approved and adopted by said City
Council, approved and signed by the Mayor, and attested by the City
Clerk, all at a regular meeting of said City Council held on the 4th
day of May, 1981, and that the same was passed and adopted by the
following roll call vote, to -wit:
AYES: Council Members: Hall, Hertzog, McFarland, Johnson
NOES: Council Members: None
ABSENT: Council Members: Schafer
EXECUTED this 5th day of May, 1981, at Costa Mesa, California.
e6l' 1�1110 (2 (��"e . - -
Ci ff CT-e—r o the ity bf C61t'g"7
By:
Deputy Ci Clerk