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HomeMy WebLinkAboutCC RES 84RESOLUTION NO. 84 RESOLUTION OF THE COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DETERMINING THE NATURE, LOCATION AND EXTENT OF THE PROPOSED IMPROVEMENTS FOR THE CONSTRUCTION OF A SANITARY SEWER SYSTEM AND SEWAGE TREATMENT PLANT AND APPURTENANCES IN CERTAIN STREETS, PUBLIC WAYS, RIGHTS OF WAY AND PRO- PERTY OWNED BY THE CITY OF TUSTIN; GENERALLY DEFINING THE BOUNDARIES OR EXTENT OF THE DISTRICT TO BE SPECIALLY ASSESSED TO PAY THE COST THEREOF, AND DETERMINING THE STATUTE UNDER WHICH IT IS PROPOSED TO CONDUCT THE PROCEEDINGS PURSUANT TO THE PRO- VISIONS OF SECTION 2 OF THE "SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931," AS AMENDED. WHEREAS, the Council of the City of Tustin, California, did on the 26th day of September, 1938, inst- ruct City Engineer, W.K. Htllyard, to procure and prepare a written report pursuant to Sections ~ and 3 of the "Spe- cial Assessment Investigation, Limitation and Majority "as amended, and there after the said Protest Act of 1931, report was presented to this Council; and WHEBEAS, pursuant to the provisions of Sec- tion 2 of the "Special Assessment Investigation, Limitation II and Majority Protest Act of 1931, as amended the Council must by resolution determine in general the nature, location, and extent of the proposed improvement; also generally de- fine the boundaries or extent of the district or lands to be specially assessed to pay the cost thereof, or any part of such cost; and determine the statu~e under which it is proposed to conduct t'he proceedings, and for the issuance of bonds therein, if any; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TUSTIN.~ CALIFORNIA, AS FOLLOWS: 1. That the written report presented by W. K. Hillyard, is hereby approved, and it City Engineer, is ordered that the same be filed in the office of the City Clerk of the said City of Tustin, and Ex-Officio Clerk of the Council of said City. That the proposed improvement herein mentioned is generally described as: The construction of vitrified clay pipe sani- tary sewer mains, laterals, manholes, flush tanks, septic tanks, filter tank and other appurtenant appliances and equipment in certain streets and publuc ways and rights of way and property owned by the City of Tustin each as par- ticularly shown and designated by the legend of Plan No. lO consisting of seven (7) sheets, numbered one (1) to seven (7) both inclusive, filed as part of the said written re- port herein refer~ed to. Reference is hereby made to said Plan No. 10 consisting of s~<~ven (7) sheets for a descrip- tion, location, and extent of the said sewer mains, laterals, manholes, flush tanks, septic tanks, filter tank and other a~- pirtanant appliances and equipment and for all particUlars relative thereto. The said Plan no. lO, consisting of seven (8) sheets is on file in the office of the City Clerk and ExOfficio Clerk of the Council of the City of Tust~n, Califor- nia, filed with and forming a part of said report and open to public inspection. 3- That the boundaries of the district or 'lands to be specially assessed to pay the cost of said proposed impzovements are the same as the exterior boundary of the City of Tustin, California, as it exists at the time of the passage of this resolution, and are shown upon that certain Pls. n No. lO consisting of seven (y) sheets herein referred to, indicating by a hatched boundary line the ext~t of the territory included within the proposed assessment district; that said map is on file in the office of the said City Clerk herein referred to and forming a part of said written report. Reference is hereby made to said map consisting of seven (y) sheets for further, full and more complete des- cription of the said assessment district, and. the said map on file shall govern for ~ll details as to the extent of the said assessment district. That the' portion of the cost of said proposed improvements remaining after deducting the amount granted by the United States Govermment to assist in financing this proposed improvement, shall be assessed against the lands to be benefitted thereby and.~.:, as shown upon the said Plan No. lO consisting of seven (~).sheets referred to in Paragraph 3 of this Resolution. 5. That the said proposed improvement shall be made under the provisions of the "Improvement Act of 1911," approved April ?, 1911, as amended. 6. '~'hat it hereby determines that serial bonds bearing interest at the rate of six (6%) per cent per annum shall._ be issued to represent each assessment of Twenty-five ($25.OO) or more remaining unpaid for thirty (30) days after the de~te of the warrant. Said serial bonds shall extend over a period of nine (9) Nears from the second of January next succeeding the next October fifteenth following their date. Payments on the principal of unpaid asse~sments and interest shall be made by the property owners to the City Treasurer and the same shall be disbursed by him all as provided in the "Improvement Act of 1911," a~amended, ~. 'A'hat the said Council hereby fixes the 31st day of October, 1938, at the hour of eight (8:00) P.M. as the day and hour, and the Council Chamber in the City Hall in the City of Tustin, California, as the place of hearing on the said w~itten report, and hereby orders such hearing to be held by the Council of the City of Tustin, California. I, D. T. Hayden, City Clerk of the City of Tustin, California, hereby certify that the foregoing resolution was duly and regularly introduced and adopted by the Court- cil of said City, at its regular adjourned meeting held on the 30th day of September, 1938, by the following vote: AYES: Lo_gan, .... ~1__eper_, K_i~:e~, wi! son ........... = .... . .... NOES: None ABSENT: ............. H.u~tl~ey IN WITNESS '~EREOF, I have hereunto set my hand and affixed the official seal of the City of Tustin, California, this 30th day of September, 193S. D~e~ut'y Ci~t'y Cie'r~'"'6:£ th e '-'C'i ~-~ 0 f Tustin I hereby approve the foregoing Resolution this 30th day of September, 1938. ACti'n~-Nay~o-r of -the ~itY of T'~stin - ~- Approved as to form: City Att9~ -~'he ci'ty o~ us~in Note: The report is attached to the Resolution on file.