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HomeMy WebLinkAbout4357 R1>SOLUTION NO. . 4 '1')7 CITY OF ARCADIA RESOLUTION OF THE CITY COUNCIL CONFIRMING THE ASSES- SMENT, ORDERING THE IMPROVEMENTS MADE TOGETHER WITH APPURTENANCES AND APPROVING ENGINEER'S REPORT IN THE MATTER OF ASSESSMENT DISTRICT NO.7 2-1 _ (ARCADIA INDUSTRIAL PARK) WHEREAS, the City Council of the City of Arcadia, California, did on the 3rd day of . July, 1973 , adopt its Resolution of Intention No. 4346 for the construction of cer- tain street improvements together with appurtenances in ASSESSMENT DISTRICT NO. 72~1 (ARCADIA INDUSTRIAL PARK) WHEREAS, pursuant to said Resolution of Intention a "Report" as therein provided was presented, considered, and approved by this Council: and WHEREAS, said "Report" as pre1iminar:ily approved contained all the matters and items called for by law 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) . Maps and descriptions of acquisition where necessary. WHEREAS, this Council has heard and considered all protests and a full hearing having been given all in the manner provided by law/and -1- 4357 j 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 the Office of the.city Clerk;. and WHEREAS, that the owners of one-half (1/2) of the area assessed for the cost of the project 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 ARCADIA, CALIFORNIA AS FOLLOWS: SECTION 1.. That the above recitals are all true and correct. SECTION 2. That the "Report", consisting of the asses- sment and diagram for the improvelJlentsc.togetheX" with appurtenances in ASSESSMENT DISTRICT NO. 72-1 (ARCADIA INDUSTRIAL PARK) 1.s hereby confirmed. SECTION 3. That the public interest and convenience require the proposed improvement to be made and therefore said City Counc1l hereby crders the work to be done and improvements to be made together with acquisition in said district, as set forth in Resolution of Intention No~ 4346 , adopted on the 3rd day of July, 1973 as set forth in the "Report" presented and con- sidered by this Council, and as now submitted. -2- 4357 That the Engineer I a ." Report" including the estimate of the itemized and total costa and expenses of said acquisi~ion and improvements, including incidental expenses in connection there- ~ith be and it is hereby finally adopted and so approved. SECTION 4. The Treasurer of the City of Arcadia, California, is hereby authorized and directed to establish a special fund account to be known and..designated as "Improvement Fund for ASSESSMENT DISTRICT NO. 72,..1 (ARCADIA INDUSTRIAL PARK)" into 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 qttach thereto his certificate of the date of - such .recording. SECTl:ON 7, .That said .Superintendent of. Streets, upon the 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 Clerk of said City, or to both addresses if said address is not the same, or to the General -3,- 4357 Delivery when no address so appears, a statement containing a designation by street number or other description of the prop- erty assessed sufficient to enable the owner to identify the same,. the amount of. the assessment, the time and place of payment thereof, the effect of failure to pay within such time, and a statement of the fact that bonds will be issued on unpaid assess- ments pursuant to the 1.I.Improvement Bond Act of 1915", being Division 10 of the Streets and Hfghways Code of the State of California. SECTION 8. That this City Council hereby further finds and determines that the public convenience and necessity require the works and improvements as set forth in said. previously menti-oned Resolution 'of Intention and the provisions and limitations of the "special Assessment, Investigation, Limitation and Majority Protest Act of 1931" shall not be applicable to proceedings for this im- provement. This City Council further intends to comply with the intent and provisions of Section 17 of Article XIII of the Con- stitution of the State of California by the adoption of this res- olution. SECTION 9. That said Superintendent of Streets shall also give notice by publishing a copy of a notice of recording of assessment in the "ARCADIA TRIBUNE", a newspaper published in _said City in the manner and form as prOVided 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 made within thirty (30) days after the date of recording the assessment, which date shall be so stated in said. notice, and of the fact that securities will be issued upon unpaid assessments. APPROVED and ADOPTED this 21st day of August, 1973. -,.".--', c. ?( deJ Il6L MAYOR OF THE. CITY OF ARCADIA, CALIFORNIA . , A7EST: "'J J (. 'Uo/7#~?b/h ):Zu;~ eny ERI< OF THE CITY Oli' . ARCADIA, C^r.:n'OI~NI^ ..- ..-.--.-........-..-.. ..-..- .-, '. ........ 4357 STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ARCADIA ) ) 5S ) I, CHRISTINE VAN MAANEN City Clerk of the City of Arcadia -' California, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 4357 , 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 regular meeting of said City Council held on the 21st day of August 1973 , and that the same was passed and adopted by the following vote, to wit: AYES: COUNCILMEN Butterworth, Hage, Helms and Arth NOES: ~~XKMEN None ABSENT: COUNCILMAN Scott day of Aue-nst 1973 DATED this 21st (SEAL) tfL~ 74~)1U //~ CITY CLERK OF THE CITY OF ARCADIA, CALIFORNIA