HomeMy WebLinkAboutCC RES 72-45
RESOLUTION NO. 72-45
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, 71-2)
WHEREAS, the City Council of the City of Tustin, California,
did on the 1st day of November, 1971, adopt its Resolution
No. 71-68 ordering the Superintendent of Streets to proceed
with construction of certain alley 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 provisions of Sectionst
5879 and 5880 of the said Code, the Superintendent of Streets
did cause certain constructio~ to be done, and did, on the
23rd day of June, 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, said Notice
setting forth a time and place for hearing on the said Report
of the Superintendent of Streets together with any objections
or protests which may be raised; and,
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 COUNCIL
OF THE' CITY oF TUSTIN, CALI'FORNIA, 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 23rd day of
June, 1972, is hereby ratified and confirmed.
SECTION 2- That the cost of the construction specified
in the Report of the Superintendent of
·
Streets shall be separately assessed against
each of the individual properties therein
described, which property abuts upon the
· improvements so constructed, and if such
assessment is not paid within five days from
the passage and adoption of this Resolution
confirming the Report of the Superintendent
of Streets, it shall constitute a special
assessment against the individual properties
therein described, and shall be a lien upon
the individual pr'operties 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.
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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, and if the assessment
cost shall be collected in annual installments
pursuant to Section 5895 of said Code as
specified in Resolution No..-.7.2-44 of this
Council adopted on the 5th d~y of ~uly, 1972,
the· Street Superintendent shall deliver to
the City Treasurer a copy of the "Notice of
Lien" substantially in the form as specified
in Section 5891 of said Code, and the City
Treasurer shall thereafter collect the assessment
in equal annual installments together with
accrued interest as specified in said Resolution.
SECTION 5: If the assessment cost is not paid within the
specified five days, and if the assessment is
not to be collected in ~nnual installments as
specified in the Resolution referred to in
Section 4 hereof, the Superintendent of Streets
shall deliver to the County Auditor a "Notice
of Lien" substantially in the form 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 Assessm.ent Book
opposite the description of 'the particular '
property, and the amount shall be collected "
together with all other taxes thereon against
the property.
SECTION 6:. 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 7- A rate of interest of _ 5 per cent per
annum 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 5th day of
July , 1972.
ATTEST -
6/23-/72
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-MAYOR-
STATE° OF CALIFORNIA)
COUNTY OF ORAl, GE )SS ~
CITY OF TUSTIN ) ~ ·
RUTH· 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 five; that the above and
foregoing-Resolution No.72-45 'was duly and regularly
introduced, read, passed and' adOpted at a regular meeting
of 'the City Council held on the 5th day of July,
19 72, by the following vote:
AYES: COUNCILMEN C. MILLER, SALTARELLI, L.MILLER,LANGLEY, WELSH
NOES: COUNCILMEN NONE
·
ABSENT- COUNCILMEN NONE
C.ity Cle~k~,_City of Tustin, Ca~rn~i~