HomeMy WebLinkAbout83-77 - Confirming Assessment, Assessment District 82-1, Sterling Avenue143
RESOLUTION NO. 83-77
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, CONFIRMING THE ASSESS-
MENT, ORDERING THE IMPROVEMENTS MADE, TOGETHER
WITH APPURTENANCES, AND APPROVING THE ENGINEER'S
"REPORT".
WHEREAS, the City Council of the City of Costa Mesa, California, did,
on the 16th day of May, 1983, adopt its Resolution of Intention No. 83-42,
for the construction of certain public works of improvement, together with
appurtenances and appurtenant work, including acquisition where appropri-
ate, in a special assessment district known and designated as ASSESSMENT
DISTRICT NO. 82-1, STERLING AVENUE (hereinafter referred to as the "Assess-
ment District"); and
WHEREAS, pursuant to said Resolution of Intention, a "Report", as
therein provided, was presented, considered, and approved; and
WHEREAS, said "Report", as preliminarily approved, contained all the
matters and items called for by law and as pursuant to the provisions 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, all protests have been heard and considered, and a full
hearing has 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 reuired by law and as
evidenced by affidavits on file with the transcript of these proceedings;
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 pro-
posed improvements and acquisition, where appropriate, and this City
Council did, after providing a full hearing, overrule and deny all
protests and objections; and
WHEREAS, this City Council is now satisfied with the assessment and
all matters contained in the "Report" as now submitted;
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLUJWS:
SECTICN 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 appurtenant work in connection therewith, including
acquisition where appropriate, is hereby confirmed.
SECTION 3. That the public interest and convenience require the
proposed improvements to be made, and therefore is hereby
ordered that the work to be done and improvements to be
made, together with appurtenances and appurtenant work in
connection therewith, including acquisition where appro-
priate, in said Assessment District, as set forth in the
Resolution of Intention previously adopted and as set
forth in the "Report" presented and considered, and as
now submitted.
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SECTION 4. 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".
SECTICN 5. 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, with his certificate of such confirmation
attached and the date thereof; and that said Superinten-
dent 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.
SECTICN 6. 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 at his
last known address, as the same appears on the tax rolls
of the County or on file in the office of the City Clerk,
or to both addresses if said address is not the sane, or
to General Delivery when no address so appears, a state-
ment 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 state-
ment of the fact that bonds will be issued on unpaid
assessments pursuant to the "Improvement Act of 1911".
SECTICN 7. That said Superintendent of Streets shall also give
notice by publishing a copy of a notice of recording of
assessment in the newspaper previously selected 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.
SECTICN 8. Upon confirmation of the assessments and recordation of
the assessment roll and diagram, a certified copy of the
assessment diagram shall be immediately filed in the
office of the County Recorder. Immnediately thereafter,
a copy of the notice of assessment shall be recorded in
the office of the 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.
SECTICN 9. That the Treasurer is hereby authorized and directed to
establish a special fund account to be known as the
IMPROVEMENT F[ND, and designated by the name of this
Assessment District, 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 repre-
senting unpaid assessments.
PASSED AND ADOPTED this 1st day of August, 1983.
fi
Mayas of the City of Costa Mesa
ATTEST:
City Clerk of the. City of Costa sa
STATE OF CALIFORNIA )
COLNTY OF ORANGE ) ss
CITY OF COSTA MESA )
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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. 83-77 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.
G�l
Ci&y Clerk and ex -officio Clerk o the
City Council of the City of Cos sa