HomeMy WebLinkAbout82-74 - Findings and Overruling Protests Assessment District 82-1, Palace and Sterling186
KLSULUTION NO. 82-74
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, MAKING FINDINGS AND
DETERMINATIONS, AND OVERRULING AND DENYING PRO-
TESTS IN A SPECIAL ASSESSMENT DISTRICT.
WHEREAS, the City Council of the City of Costa Mesa, California,
has heretofore commenced proceedings pursuant to the provisions of the
"Special Assessment Investigation, Limitation and Majority Protest Act
of 1931", being Division 4 of the Streets and Highways Code of the State
of California, for the construction of certain public works of improve-
ment, together with appurtenances and appurtenant work, in a special
assessment district, said assessment district known and designated as
ASSESSMENT DISTRICT NO. 82-1, PALACE AND STERLING (hereinafter referred
to as the "Assessment District"); and
WHEREAS, this legislative body set a time and place for public
hearing, pursuant to said "Special Assessment Investigation, Limitation
and Majority Protest Act of 1931"; and
WHEREAS, notice of the public hearing was given in the manner and
form as required by law, and, at the time for said public hearing, all
protests, written or oral, to the proceedings, and all matters related
to the report for the Assessment District were heard and considered,
and all persons had an opportunity to appear and present testimony
relating to said Assessment District; and
WHEREAS, at said time of the public hearing, all matters as to the
method and formula of the assessment spread and the determination as to
whether or not the property did receive a benefit, and whether the
assessments were apportioned in accordance to benefit, were considered.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That all protests and objections of every kind and nature
be, and the same hereby are, overruled and denied, and it
is further determined that said protests and objections
are made by the owners of less than one-half (1/2) of the
area of property to be assessed for said improvements
within said Assessment District.
SECTION 3. That it is hereby further determined that all properties
within the boundaries of the Assessment District receive a
local and direct benefit from the works of improvement as
proposed for said Assessment District, and it is hereby
further determined and declared that all assessable costs
and expenses have been apportioned and spread over the
properties within the boundaries of the Assessment District
in direct proportion to the benefits received thereby.
SECTION 4. That the Engineer's method of spread and apportionment of
all costs is hereby adopted and approved as being a correct
and proper apportionment and distribution of all assessable
costs for these works of improvement.
PASSED AND ADOPTED this 20th day of September, 1982.
ATTEST:
-City Clerk of the City of Costa Tayor of t I h e -y o a Mesa
187
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. 82-74 was duly and regularly passed and adopted
by the said City Council at a regular meeting thereof held on the 20th
day of September, 1982, and that the same was passed and adopted by
the following roll call vote:
AYES: Council Members: Schafer, Hall, Hertzog, Johnson
NOES: Council Members: None
ABSENT: Council Members: McFarland
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
Seal of the City of Costa Mesa this 21st day of September, 1982.
p
Ci y Clerk and ex -officio Clerk of he
City Council of the City of Cost esa