HomeMy WebLinkAbout83-75 - Overruling Protests Assessment District 82-1, Sterling Avenue40
RESOLUTION NO. 83-75
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, OVERRULING AND DENYING
PROTESTS AND MAKING CERTAIN FINDINGS IN A SPECIAL
ASSESSMENT DISTRICT.
WHEREAS, the City Council of the City of Costa Mesa, California, has,
by Resolution, declared its intention to order the construction of certain
public works of improvement, 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, in a special assessment district
known and designated as ASSESSMENT DISTRICT NO. 82-1, STERLING AVENUE
(hereinafter referred to as the "Assessment District"); and
WHEREAS, certain owners of property liable to be assessed for improve-
ments have filed written protests or objections and delivered the same to
the City Clerk not later than the hour set for hearing such objections; and
WHEREAS, at the time set for said public hearing, all protests and
objections were duly heard and considered, and 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 heard and considered;
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That the public hearing on the Assessment District is
hereby closed.
SECTION 3. 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 4. 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 5. That the Engineer's method of spread and apportionment of
all costs is hereby approved and adopted as being a correct
and proper apportionment and distribution of all assessable
costs for these works of improvement.
PASSED AND ADOPTED this 1st day of A, 1983.
r
Mayor of th City of Costa Mesa
ATTEST:
City Clerk of the City of Costa Me
STATE OF CALIFORNIA )
COLUTY OF ORANGE ) ss
CITY OF COSTA MESA )
1411
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 fore-
going Resolution No. 83-75 was duly and regularly passed and adopted by
the said City Council at a regular meeting thereof held on the 1st day of
August, 1983, and that the same was passed and adopted by the following
roll call vote:
AYES: Council Members: Hall, Johnson, Hertzog, McFarland, Schafer
NOES: Council Members: None
ABSENT: Council Members: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal
of the City of Costa Mesa this 2nd day of August, 1983.
C ty Clerk and ex -officio Clerk the
City Council of the City of Co6t Mesa