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HomeMy WebLinkAbout83-128 - Passing on the Engineer's Report and Setting Public Hearing303 RESOLUTION NO. 83-128 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OOS9A MESA, CALIFOINIA, PASSING ON THE "REPORT" OF THE ENGINEER, GIVING PRELIMINARY APPROVAL, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING. WHEREAS, the City Council of the City of Costa Mesa, California, has instituted proceedings for the construction of certain public works of improvement and appurtenances under provisions of the "Municipal Improve- ment Act of 1913", being Division 12 of the Streets and Highways Code of the State of California, in a special assessment district known and desig- nated as ASSESSMENT DISTRICT NO. 82-2, SOUTH COAST METRO CENTER, (herein- after referred to as the "Assessment District"); and WHEREAS, there has been prepared and filed with the City Council a "Report" provided for in Sections 10203 and 10204 of the Streets and High- ways Code of the State of California, and this "Report" has been presented for consideration; and WHEREAS, a Resolution of Intention for this improvement was previously adopted by the City Council; and the "Report" as now presented shall stand as the "Report" for the purpose of subsequent proceedings hereunder. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That the "Report" of the Engineer referred to hereinabove is considered adopted, passed upon, and preliminarily approved as follows: A. That the plans and specifications for the proposed improvements to be made, contained in said "Report" be, and they are hereby preliminarily approved and adopted; B. That the Engineer's estimate of the itemized and total costs and expenses of said acquisition, where necessary, and improvements, and of the incidental expenses in connection therewith, contained in said "Report" be, and each of them is hereby preliminarily approved and adopted; C. That the diagram showing the Assessment District referred to and described in said Resolution of Intention, and also the boundaries and dimensions of the respective subdivisions of land within said Assessment District, as the same existed at the time of the pas- sage of said Resolution of Intention, each of which subdivisions have been given a separate number upon said diagram as contained in said "Report" be, and it is hereby preliminarily approved and adopted; D. That the proposed assessment upon the several subdivisions of land in said Assessment District, in proportion to the estimated bene- fits to be received by such subdivisions, respectively, frau said acquisition and improvements, and of the incidental expenses thereof, as contained in said "Report" be, and they are hereby preliminarily approved and adopted; E. That the maps and descriptions of the lands and easements to be acquired as contained in said "Report" be, arra the same are hereby preliminarily approved; F. That said "Report" shall stand as the Engineer's "Report" for the purpose of all subsequent proceedings held, pursuant to said Resolution of Intention. SECTION 3. NOTICE IS HEREBY GIVEN THAT ON MCNEAY, THE 6TH rAY OF FEBRUARY, 1984, AT THE HOUR OF 6:30 P.M., IN THE COUNCIL CHAMBERS OF CITY HALL, ANY AND ALL PERSONS HAVING ANY OBJECTIONS TO THE PROPOSED WORK, OR ASSESSMENT, OR EXTENT OF THE ASSESSMENT DISTRICT, OR TO THE PROPOSED 304 GRADES, MAY APPEAR AND SHOW CAUSE WHY SAID WORK SHOULD NOT BE DINE OR CARRIED OUT IN ACCORDANCE WITH THE RESOLUTICN OF INTENTICN AND THE "REPORT" OF THE ENGINEER. PROTESTS MUST BE IN WRITING AND MUST BE DELIVERED TO THE CITY CLERK AT OR BEFORE THE TIME SET FOR THE PUBLIC HEARING. SECTION 4. That the City Clerk is hereby directed to give notice of said Public Hearing by causing to be conspicuously posted on all open streets within the Assessment District, not more than three hundred (300) feet apart on each street so posted, but not less than three (3) in all, notice of the passage of the Resolution of Intention and of this Resolu- tion, all in accordance with the provisions of said Division 12. SECTION 5. That the City Clerk is hereby directed to give notice of said Public Hearing and of the passage of the Resolution of Intention and this Resolution by causing such notice to be published in accordance with Section 6066 of the Government Code, in the newspaper previously designated as the newspaper for all publications as required by law and as necessary for completion of this Assessment District. SECTION 6. That the City Clerk is hereby directed to mail notice of said Public Hearing and the adoption of the Resolution of Intention and of the filing of the "Report" to all persons owning real property proposed to be assessed, whose names and addresses appear on the last equalized assess- ment roll for City taxes prior thereto, or as known to said City Clerk, and to all other persons as prescribed in accordance with the provisions of said Division 12. SECTICN 7. That the City Clerk is hereby further directed to file a copy of the proposed boundary map in the Office of the County Recorder within fifteen (15) days of the adoption of the proposed boundary map; said boundary map to be in the manner and form as set forth in Division 4.5 of the Streets and Highways Code of the State of California. PASSED AND ADOPTED this 19th day of December, 1983. ATTEST: C' -'.y Clerk of the City of Cos r sa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COST, MESA ) 4 , Mayor of the 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 fore- going Resolution No. 83-128 was duly and regularly passed and adopted by said City Council at a regular meeting thereof, held on the 19th day of December, 1983, 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 20th day of December, 1983. C' y Clerk and ex -officio Clerk o the City Council of the City of Co Mesa