Loading...
HomeMy WebLinkAboutCC RES 73-80RESOLUTION NO 73-80 CITY OF TUSTIN, CALIFORNIA RESOLUTION OF THE CITY COUNCIL CONFIRMING THE ASSESS- MENT ORDERING THE IMPROVEMENTS MADE TOGETHER WITH APPURTENANCES AND APPROVING ENGINEER'S REPORT IN THE MATTER OF ASSESSMENT DISTRICT NO. 2 ~ '. WHEREAS, the City Council of the City of Tustin, California, did on the 17th day of September, 1973, adopt its , Resolution of Intention ~o. 73'62 for the construction of cer- · ~ain public improvements including a decoratiVe wall, together with appurtenances, in ASSESSMENT DISTRICT NO. 2; and WHEREAS, pursuant to said Resolution 'of Intention a "Report" as therein provided was. presented, considered, and approved by ~his Council; and · · · , WHEREAS, said "Report" as preliminarily approved contained all ~.~ ' ~~ matters and "~ ..... zur by i.a~. 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 · WH~'.REAS, this Council has heard and considered all protests and a full hearing having boon ~ivcn all in tho mannor provided by law; and , -1- 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 in ~he Office of the City Clerk; and o · · WHEREAS, .that the owners of one-half (1/2) of the area assessed for the cost 'of. the projecd did not' file written, pro- tests against the said proposed acquisition and improvements and said City Council did after providing a full hearing, over-, · rule 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. TUSTIN, CALIFORNIA, AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTIO~ 2 That the '"Report" - . , consisting of the asses sment and diagram for the improvements together with appurtenances ASSESSMENT DISTRICT NO. 2, CITY OF TUSTIN .is hereby confirmed. .. SECTION 3." Tha~ tho public interest and convenience require the proposod improvement to bo made a~.d thoreforo said City Council hereby orders tho work to be dcno and improvements to be made togothor with appurtenances in' said district, as Sot forth in Resolugion of Intention No. 73-62, adopted on the 17th d.ay of September, !973,as set forth in the '~Report" presented and con~ sidered by thls.Council, and as now submitted. -2- ._.2'4 9 ,... 'That the .Engineer '. s "Report" including the estimate of the ,. , , .......... itemized and 'l::i~taJ. costs and exponses of said acquisition and improvements, including incidental expenses in co_Dnection there- with be and it is hereby finally adopted and so approved. , · SECTIO~I' 4.' The Treasurer of the City of Tustin, California, is hereby authorized and directed to establish a special fund account t.o be known and designated as "Improvement Fund for ~$so$$mont District ~o. 2~ City of gust. in, Cal£forn:i.a, in~o which shall be paid all payments to be received upon said assessment, and the proceeds of the sale of securities to be is-' sued 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 con- firmed by this Council with his certificate of such confirmation thereto attached and of the date thereof; and that said Superin- tendent 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 0 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 C. lerk of sai.d City, o:.~ to both addresses if said address is not the same, or to the General · , Delivery when no ~ddress so ~]~pears, a statement containing'a. designation by street number or other description of the prop- , erty assessed sufficient to onablo .the owner to identify the · same, the amount of the assessment, the time 'and place of payment . , ., ~hereof,. ~he effect of failure to pay within such time, and a statement of tho fact that. bond's will bo issuod on unpaid assos~- sments pursuant to the "Improvement Act of 1911", being Division 7 Of tho S'l:roots and Highways Codo Of tho Stato 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 "Tustin News," City of Tustin, California, . a newspaper published in said City in the manner and form as pro- vided 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 ma'de within thirty (30) days after the date of recording the as- .. sessment, which date shall be so stated in said notice, and of . ~he fact that securities wil~ be issued upon unpaid assessments. APPROVED and ADOPTED this 19th day of November, 1973. MAYOR OF 5'HE Ci?Y 0~' '~"US?~, CALI F 0 ~N I k~ . . ATTEST: CItY CLERF. OF THE C-TTY OF TUSTIN, CALIFORNIA . . . -4- STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN ) ) ss ' ). I, _ ~U.TH_ C...P. OE.. , city Clerk of the City of~Tus.t.i.n _ _ _ . ....... _ __, California, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. _ 7..3- 8...0 .., , was duly passed, approved and adopted by said City Council, approved and signed by the Mayor, and attested by the City Clerk, all at a regul.ar ..... _meeting of said City Council held on the · 19th__day of_Novemb__er . 19_3,3-, and that the same was passed and adopted by the following vote, to wit: . AYES: COUNCILMEN SALTARELLI, LANGLEY WOODRUFF, SHARP NOES: COUNCILMEN NONE ABSENT: COUNCILMEN WELSH DATED this_ 20 day of November 19 73 (SEAL) CITY CLERK OF THE CITY OF TUSTIN , CALIFOR~NIA