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HomeMy WebLinkAbout84-23 - Confirming Assessment District 82-2, Approving Engineer's Report11 RESOLUTION NO. 84-23 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 19th day of December, 1983, adopt its Resolution of Intention No. 83-127, for the construction of certain public works of improvement, together with appurtenances and appurtenant work, including acquisition where appropriate, in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 82-2, SOUTH COAST METRO CENTER, (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; 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 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 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. 12 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". SECTION 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. SECTION 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 same, 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 1915". SECTION 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. SECTION 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. Im mediately 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. SECTION 9. That the Treasurer is hereby authorized and directed to establish a special fund account to be known as the IMPROVEMENT FUND, 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. SECTION 10. That the Treasurer is hereby further authorized to estab- lish a SPECIAL RESERVE FUND, into which the designated amount shall be transferred and held in trust for the bondholders and used to assist final discharge by any payment by property owners within the boundaries of the Assessment District. PASSED AND ADOPTED this 6th day of ATTEST: C ty Clerk of the City of Costa sa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) 13 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. 84-23 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on the 6th day of February, 1984, 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 7th day of February, 1984. -City Clerk and ex -officio Clerk the City Council of the City of CoVh Mesa