Loading...
HomeMy WebLinkAboutCC RES 72-78 RESOLUTION NO. 72-78 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CONFIRMING THE REPORT OF THE SUPERINTENDENT OF STREETS OF WORK PERFORMED IN PURSUANCE OF CHAPTER 27 OF THE "IMPROVEMENT ACT OF 1911," AND ASSESSING 'THE COSTS OF SAID WORK, AND DIRECTING THE RECORDING AND MANNER OF COLLECTION OF LIENS (CH. 27, 71-3) WHEREAS, the City Council of the City of Tustin, Californi5 · did on the 6th day of December, 1971, adopt its Resolution No. 71-80 ordering the Superintendent of Streets to proceed with construction of certain street improvements pursuant to ' the provisions of Chapter 27 of Part 3 of Division 7 of the Streets and Highways Code of the State of California; and, WHEREAS, in accordance with the 'p~rovisions of Sections 5879 and 5880 of the said Code, the Superintendent of Streets did cause certain construction to be done, and did on the 10th day of November, 1972, file with the City Clerk for this Council, a Report of the Cost of Construction in the manner and form specified in Section 5882 of the said Code; and, WHEREAS, the said Superintendent of Streets did give Notice of the Costs of construction in the manner and form prescribed in Sections 5877, 5878 and 5881 of the said Code, '1 said Notice setting forth a time and place, for hearing on the said Report. of the S°uperintendent of Streets together with any objections or protests which may be raised; and, i WHEREAS, a hearing was duly held on the day and hour specified in said Notices, and all objections and protests were overruled and denied by this Council; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUX~Ci~ OF THE CITY OF TUSTIN, CALIFORNIA, AS FOLLOWS- SECTION 1- That the Report of the Superintendent of Streets filed with the City Clerk for the City Council of the City of Tustin on the 10th day of November, 19 72, is hereby ratified and confirmed. SECTION 2- That the cost of the construction specified in the Report of the Superintendent of Streets shall be assessed against the individual property therein described, which property abuts upon the improvements so constructed, and if such assessment is not paid within five days from confirming the Report of the Superintendent of Streets, it shall constitute a special assessment against the individual property therein described, and shall be a lien upon the individual property for the amount thereof from the time of recordation of the Notice of Lien, which lien shall continue until the assessment and all interest thereon is paid in full and is discharged of record. SECTION 3' The Superintendent of Streets is hereby directed to file in the office of the County .Recorder of Orange County a certificate substantially in the form as specified in Section 5891 of said California Streets and Highways Code. SECTION 4: If the assessment cost is not paid within the specified five days, the Superintendent of Streets shall deliver to the County Auditor a "Notice of Lien" substantially in the f©r- as specified in Section 5891 of said Code, and the County Auditor, in accordance with Sections 5893 and 5894 of said Code is required to enter the amount thereof on the County Assessment Book opposite the description of the particular property, and the amount shall be collected together with all other taxes thereon against the property. SECTION 5- In addition to the above specified "Notice of Lien," the Street Superintendent is also directed to file with the County Auditor, and County Tax Collector, certified copies of this Resolution and the Report herein adopted. SECTION 6' A rate."of interest of six per cent per ann~m-.. is hereby fixed as the rate of interest to be paid to the City of Tustin on each separate assessment sum beginning from the thirty-first day after adoption of this Resolution until such sum has been paid in full and discharged of record. PASSED AND ADOPTED at a regular meeting of the City. Council of the City of Tustin, California, on this 20th day of November, 1972. ATTEST :. - .......... ~) C IT?'""CLE ~ ~, ].]_/]_o/7~ dh STATE OF CALIFORNIA) COUNTY OF ORfL.~GE ) SS CITY OF TUSTIN ) RUT}I C. POE, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is four; that the above and foregoing Resolution No. 72-78 was duly and regularlv introduced, read, passed 'and adopted at a regular meeting of the City Council held on the 20th day of November 1972, by the following vote- AYES · COUNCILMEN ..MIL. LER, SALTARELLI , .LANG..LEY, WELSH NOES- COUNCILMEN NONE ABSENT- COUNCILMEN NONE City Cle~k~m~C_.~ty 0f Tustin, Ca[iron=