Loading...
HomeMy WebLinkAbout75-091RESOLUTION NO. 75-91 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, CONFIRMING THE ASSESS- MENT, ORDERING THE IMPROVEMENTS MADE, TOGETHER WITH APPURTENANCES AND APPROVING ENGINEER'S REPORT ASSESSMENT DISTRICT NO. 239 WHEREAS, this City Council did on the 2nd day of June, 1975, adopt its Resolution of Intention No. 75-69, for the con- struction of certain water and sewer improvements, together with appurtenances in ASSESSMENT DISTRICT NO. 239. WHEREAS, pursuant to said Resolution of Intention, a "Report" as therein provided was presented, considered, and approved by this Council; and WHEREAS, said "Report" as preliminarily approved and 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 District. 4. An Assessment according to benefits. 5. Description of works of improvement. WHEREAS, this Council has heard and considered all pro- tests and a full hearing having been given all in the manner pro- vided by law; and WHEREAS, notices of said hearing were duly and regularly posted, mailed and published in the time, form, and manner re- quired by law and as evidenced by affidavits on file in the Office of the City Clerk; and WHEREAS, that 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 acquisition and improvements and said City Council did, after providing a full hearing, overrule and deny all protests and objections. WHEREAS, said City Council is now satisfied with the assessment and all matters contained in the "Report", as now submitted. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, 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 ~ESOLUTION NO. 75-91 PAG]~ TWO appurtenances is hereby confirmed. SECTION 3. That the public interest and convenience require the proposed improvement to be made and therefore said City Council hereby orders the work to be done and improvements to be made together with appurtenances in said district, as set forth in Resolution of Intention No. 75-69, adopted on the 2nd day of June, 1975, as set forth in the "Report" presented and considered by this Council, and as now submitted. That the Engineer's "Report" including the estimate of the itemized and total costs and expenses of said acquisition and improvements, including incidental expenses in connection there- with be and it is hereby finally adopted and so approved. SECTION 4. The Treasurer of the City of Santa Ana, California, is hereby authorized and directed to establish a special fund account to be known and designated as "Improvement Fund for Assessment District No. 239". into which shall be paid all payments to be received upon said assessment, and the proceeds of the sale of securities to be issu- ed representing unpaid assessments. SECTION 5. That the assessment contained in said "Report" is hereby levied upon the respective subdivisions of land in the Assessment District as set forth in the said "Report". SECTION 6. 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 by this Council with his certificate of such confirmation thereto attached and of 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. SECTION 7. 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 City or on file in the Office of the City Clerk or said City, or to both addresses if said address is not the same, or to the General Delivery when no address so appears, a statement contain- ing 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", being Division 7 of the Streets and Highways Code of the State of California. SECTION 8. That said Superintendent of Streets shall also give notice by publishing a copy of a notice of recording of assessment in THE REGISTER a newspaper published in said City in the manner and form 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 e RESOLUTION NO. 75-91 PAGE THREE the assessment, which date shall be so stated in said notice, and of the fact that securities will be issued upon unpaid assessments. SECTION 9. That the City Clerk im~nediately upon recor- dation of the assessment roll and diagram shall file a certified copy of the assessment diagram in the Office of the County Recorder. Immediately thereafter, said City Clerk further shall record a copy of the notice of assessment in the Office of said County Re- corder 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. The assessments do not become a lien upon the indi- vidual and particular parcels within the boundaries of the assess- ment district until said notice of assessment has been so recorded. APPROVED and ADOPTED this 14th day of 3u1¥ 1975. CIT~OF S~LNTA~A, CALIFORNIA ATTEST: I~J,ORI~CE I. MALONE CITY OF SANTA ANA, CALIFORNIA STATE OF CALIFORNIA ) COUNTY OF OP~kNGE ) SS CITY OF SANTA ANA ) I, FLORENCE I. MALONE, do hereby certify that I am the Clerk of the Council of the City of Santa Ana; that the foregoing Resolution was introduced to said Council at its meeting held on the 14th day of July and was at said meeting passed and adopted by the following vote, to wit: ,1975, AYES: COUNCILMEN: Evans, Yamam0t0, Garthe, Ward NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Brandt Bricken, 0rtiz, ~IDRENCE I. MALONE CLERK OF THE COUNCIL RESOLUTION NO. 75-91 PAGE FOUR APPROVED AS TO FORM: CITY ATTORNEY APPROVED AS TO CONTENT AND FORM: C~'~~District No. 239