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HomeMy WebLinkAbout82-037RESOLUTION NO. 82-37 RESOLUTION OF THE CITY COUNCIL CONFIRMING THE ASSESSMENT, ORDERING THE IMPROVEMENTS MADE, TOGETHER WITH APPURTENANCES, AND APPROVING THE ENGINEER'S REPORT. WHEREAS, the CITY COUNCIL of the CITY OF SANTA ANA, CALIFORNIA hereinafter referred to as "Agency"), did, on the 1st day of February, 1982, adopt its Resolution of Intention No. 82-13, 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. 245 (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 by this Agency; 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, this Agency has heard and considered all protests and a full hearinq 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 required 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 proposed improvements and acquisition, where appropriate, and said Agency did, after providing a full hearing, overrule and deny all protests and objections; and, WHEREAS, said Agency 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. SECTION 2. SECTION 3. SECTION 4. SECTION 5. SECTION 6. SECTION 7. That the above recitals are all true and correct. 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. That the public interest and convenience require the proposed improvements to be made, and therefore said Agency hereby orders the work to be done and improvements to be made, together with appurtenances and appurtenant work in connection therewith, including acquisition where appropriate, in said Assessment District, as set forth in the Resolution of Intention previously adopted and as set forth in the "Report" presented and considered by this Agency, and as now submitted. That the Treasurer is hereby authorized and directed to establish a special fund account to be known and designated as "IMPROVEMENT FUND FOR ASSESSMENT DISTRICT NO. 245" 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 representing unpaid assessments. 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". That the Clerk to the Council shall forthwith deliver to the Superintendent of Streets the said assessment, together with the diagram attached thereto and made a part thereof, as confirmed by this Agency, with his certificate of such confirmation attached and the date thereof; and that said Superintendent 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. 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 this Agency, or to both addresses if said address is not the same, or to General Delivery when no address so appears, a statement 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 statement of the fact that bonds will be issued on unpaid assessments pursuant to the "Improvement Act of 1911". SECTION 8. SECTION 9. That said Superintendent of Streets shall also give notice by publishing a copy of a notice of recording of assessment in THE REGISTER, the newspaper previously selected by Agency 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. 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. Immediately 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. APPROVED and ADOPTED this 15th ATTEST: ~COUNCIL CITY OF SAN~FA ANA STATE OF CALIFORNIA day of March, 1982' MAYOR CITY OF SANTA ANA STATE OF CALIFORNIA EDWARD City Attorney STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SANTA ANA I, JANICE C. GUY, CLERK TO THE COUNCIL of the CITY OF SANTA ANA, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 82-37 was duly passed, approved and adopted by said City Council, approved and signed by the Mayor, and attested by the Clerk to the Council, all at the Regular meeting of said City Council held on the 15 day of March 1982 , and that the same was passed and adopted by the following vote: ~ AYES: NOES: ABSENT: 7 COUNCILMEN: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato. COUNCILMEN: COUNCILMEN: EXECUTED this 15 th day of March 1982 , at Santa Ana, California. CLERK TO ~F~E COUNCIL ~ CITY OF SANTA ANA STATE OF CALIFORNIA [SEAL]