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HomeMy WebLinkAbout81-141RESOLUTION NO. 81-141 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CONFIRMING THE ASSESSMENT, ORDERING THE PROPOSED IMPROVEMENTS TO BE MADE, AND DESIGNATING THE CITY TREASURER TO COLLECT AND RECEIVE MONEY WHEREAS, the City Council of the City of Santa Ana, by Resolution NO. 81-119 heretofore adopted by the City Council on July 20, 1981, declared its intention to order the work to be done and the improvements to be made as de- scribed in that resolution in an assessment district to be designated Assessment District No. 246, as shown and desig- nated on that certain map entitled "Proposed Boundaries, Assessment District No. 246, City of Santa Ana, California", on file in the office of the City Clerk, City of Santa Ana; and WHEREAS, the City Council in and by that resolution referred the work, acquisitions and improvements to the Department of Public Works of the City of Santa Ana, as Engineer, and directed it to make and file with the City Clerk a report in'writing; and WHEREAS, the Engineer duly filed with the City Clerk a report in writing,~ including plans and specifications of the proposed improvement, a general description of works, appliances or property to be acquired, an estimate of the costs of the improvements and of land, rights of way, ease- ments and incidental expenses in connection with the im- provements, a diagram showing the assessment district and the district as they expected at the time the resolution was adopted, and a proposed assessment of the total amount of the costs and expenses of the proposed imp'rovements upon the several subdivisions of land in the assessment district in proportion to the estimated benefits to be received by such subdivisions from the improvements, all in accordance with Sections 10203 and 10204 of the California Streets and Highways Code; and WHEREAS, the City Council, by Resolution No. 81-121 heretofore adopted on July 20, 1981, preliminarily approved the Engineer's report and fixed Thursday, August 27, 1981, at 7:30 p.m. in the Council Chamber of the City Council, City Hall, Santa Ana, California, as the time and place for hearing protests or objections to the proposed acquisitions and improvements, the extent of the assessment district and the proposed assessment, and provided for notice of the hear- ing; and WHEREAS, the City Clerk of the City has filed with the City Council a declaration setting forth the time and manner of compliance with the requirements for publishing, posting and mailing notices of the passage of Resolution No. 81-119 and of the time and place for hearing protests or objections to the proposed acquisitions and improvements; and the City Council hereby finds that notice of the pas- sage of that resolution and of the time and place for hear- ing protests or objections to the proposed acquisitions and improvements have been published, posted and mailed in the time, form and manner required by law; and WHEREAS, the hearing was duly held by the City Coun- cil at the time and place for the hearing of all objections to the proposed work and improvements; and WHEREAS, written protests and objections were filed with the City Clerk at or before the time set for said hear- ing with respect to the improvements but the protests or ob- jections were overruled by the City Council; and WHEREAS, the City Council immediately thereupon ac- quired jurisdiction to order the proposed improvements to be made; and WHEREAS, construction bids were received in amounts below those estimated by the Engineer, and the City Council wishes to reduce the assessment herein, and to make certain changes as shown in the revised Engineer's report and the assessment diagram. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA, STATE OF CALIFORNIA, AS FOLLOWS: 1. The foregoing recitals are true and correct and the City Council so finds and determines. 2. The City Council hereby confirms, as modified, the proposed assessment and declares that the report of the Engineer, as amended, including the plans, specifications, description of acquisitions, estimate of the cost of the improvements, assessments, boundary map and diagram, as amended, are hereby finally adopted, accepted, confirmed and approved. e quisitions 81-119 and The City Council hereby orders the work, ac- and improvements described in Resolution No. in the report to be done and made. 4. The City Clerk shall transmit to the Superin- tendent of Streets of the City of Santa Ana the diagram and assessment, as amended and modified, and the Superin- tendent is hereby directed to record the diagram and assess- ment in his office in a substantial book kept for that pur- pose and, in addition, the Clerk is to record forthwith a Notice of Assessment in the Office of the Recorder, County of Orange, and upon the date of such recordation in the Recorder's office the assessment shall become a lien upon the lands upon which it is levied, and upon the date of recordation in the Superintendent's office, the assessments shall become due and payable, all pursuant to the Municipal Improvement Act of 1913. hereby suant 5. The City Treasurer of the City of Santa Ana is designated to collect and receive the money paid pur- to the assessment, in the manner prescribed by law. PASSED AND ADOPTED THIS ~ day of ~pt~mb~ 1981 by the following vote: AYES: MEMBERS: Acosta, Bricken, Griset, Luxembourger, McGuigan, Serrato NOES: MEMBERS: Markel ABSENT OR NOT VOTING: None ATteST: City Clerk MGaO~or? cB~ity of Santa Ana --2--