HomeMy WebLinkAboutCC RES 71-774
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RESOLUTION NO. 71-77
A 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 71-1)
WHEREAS, the City Council of the City of Tustin, Calif-
ornia, did on the 20th day of SePtember, 1971, adop~ its Resolution
No. 71-60 ordering the Superintendent of Streets to proceed with
construction of certain drainage improvements pursuant to the pro-
visions 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 Sections ~
5879 and 5880 of the said Code, the Superintendent of Streets did
cause certain construction to be done, and did, on the 4th day of
November, 19 71, file wi th 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 s~id Superintendent of Streets did give
Notice of the Costs of construction in the manner and form pre-
scribed in Sections 5877, 5878 and 5881 of the said Code, said
notice setting forth a time and place for hearing on the said Repo~'
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 COUNC
OF THE CITY OF TUSTIN, CALIFORNIA, AS FOLLOWS:
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SECTION' 1. That the Report'of the Superintendent of
Streets filed with the City Clerk for the City Council of the Cit?
Tustin on the 4th day of November, 19 71, 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 th~n described,'
which property abuts upon the improvements so constructed, and if
such assessment is not paid within five days from ~he passage and
adoption of the Resolution confirming the Report of the Super-
intendent of Streets, it shall constitute a special assessment
against the individual properties therin described, and shall be a
lien upon the individual properties for the amount thereof from the
time of recordation of the Notice of Lien, which lien shall continue
until the assessment 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 certicate substantially in the form as specified in Sectio?
5891 of said .California Streets and Highways Code.
SECTION 4. If 'the assessment cost is not paid within
the specified five days, the assessment cost shall be collected in
annual installments pursuant to Section 5895 of said Code as spec-
ified in Resolution No. 71-76 of this Council adopted on the 15th
day' of November, 19 71, and 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, as specified in said Resolution.
SECTION 5. 'A rate of interest of zero 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.
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PASSED AND ADOPTED at a regular meeting of the City .
Council of the City 'of Tustin, California, held on the 15th
day, of November , 1971.
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ATTEST:
~ C'i'~Y CLERK
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STATE OF CALIFORNIA)
COUNTY OF OPJUNGE ) SS
CITY OF TUSTIN ) ..
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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. 71.-'~ ~
was duly and regularly introduced, read, passed and adoPte.d at
a regular meeting of the City Council held on the 15th day of
_November .... , 19 7___~_1, by the fOllowing vote- -
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AYES - COUNCIL~2~N COCO,
NOES: COUNCILS~N NoNE
ABSENT: COUNCILMEN NONE
C. MILLER, MARSTERS, L. MILLER, OSTER
City Clerk~C~ity of Tustin, Call~ni~:~''