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
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