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HomeMy WebLinkAbout4680 RESOLUTION NO. 4680 RESOLUTION OF THE CITY COUNCIL CONFIRMING THE ASSESSMENT, ORDERING THE IMPROVEMENTS MADE, TOGETHER WITH APPURTENANCES AND APPROVING THE ENGINEER'S REPORT. CITY OF ARCADIA WHEREAS, this City Council did, on the 20th day of SEPTEMBER, 1977 ' , apopt its Resolution of Intention No. d~~' for the construction of certain public works of improvement, together with appurtenances and appurtenant work, including acquisition, where appropriate, in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 76-1 (CENTRAL AREA STREET AND PARKING IMPROVEllliNTS) (hereinafter referred to as the "Assessment District"); and, 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 preliminarily approved con- tained all the matters and items called for by law and as pur- suant to the provisions of the "Municipal Improvement Act of 1913", being DivisiQn 12 of the Streets and Highways Code of the State of California, including the following: I. Plans and specifications of the proposed improvements; 2. Estimate of Cost; 3. Diagram of Assessment District; 4. An Assessment According to Benefits; 5. A Descrlption of the Works of Im- provements; and, WHEREAS, this City Council has heard and considered all protests and a full hearing having been given all in the ,manner provided by law; arid, 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, 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 improvements and acquisition, where appropriate, and said City Council did, after providing a full hearing, overrule and deny all protests and objections; and, WHEREAS, said City Council is now satisfied with the assessment and all matters contained in the "Report", as now submitted. OF THE NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL 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 assess- ment and diagram for the improvements, together with appurtenances and appurtenant work ,in connection therewith, including acquisition, where appropriate, is hereby confirmed. SECTION 3. That' the public interest and convenien,ce require the proposed improvement to be made and therefore said City Council hereby orders the work to' be done and improvements to be made together ,with appurtenances and appurtenant work in connection therewith, including acquisition; where appropriate, in said Assessment District, as set forth in Resolution of Inten- tion No. 4661 , adopted on the 20th day of SEPTEMBER, 1977 as set forth in the "Report" presented and considered by th1S City Council, an~ as now submitted. That the Engineer's "Report", including the estimate of the itemized and, total costs and expenses of said acquisition, where appropriate, and improvements, including incidental expenses in connection therewith, be and it is hereby finally adopted and so approved. SECTION 4. That the City Treasurer of this City is hereby authorized and directed to establish a special fund account to be known and designated as "IMPROVEMENT FUND FOR ASSESSHENT DISTRICT NO. 76-1" into which shall be paid all payments to be received upon said assessment, and the proceeds of the sale of securities to be issued representing unpaid assessments. SECTION 5. That the assessment contained in said "Report" is hereby levied upon the respective subdivisions of land in the Assessm~nt District as set forth in 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 confirmed by this City Council with his certificate of such con- firmation thereto attached and of the date thereof; and that said Superintendent of Streets shall then immediately record said diagram and assessment in his office in a suitable book to be kept for that purpose and attach thereto his certificate of the date of such recording. SECTION 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 2. 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 Delivery when no address so appears, a statement containing a designation by street number or other description of the property assessed sufficient to enable the owner to identify the same, the amount of the assess'ment, 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 assessments pursuant to the "Improvement Bond Act 'of "1915", bei!}q Di,!,ision 10 of the Streets and Highways C09.e: SECTION 8. 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 news- paper 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 pay- able irmnediately, 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 assess- men ts. SECTION 9. That the City Clerk, irmnediately upon recordation of the assessment roll and diagram, shall file a certified copy of the assessment diagram in the Office of the County Recorder. Irmnediately thereafter, said City Clerk further shall record a copy of the notice of assessment in the Office of said County Recorder in the manner and form as set forth by law and specifically Section 3114 of the Streets and Highways Code of the State of California. The assessments do not become a li.en upon the individual and particular parcels within the boundaries of the assessment district until said notice of assessment has been so recorded. APPROVED and ADOPTED 'this _~ day of MAYOR CITY STAT ARCADIA OF CALIFORNIA ~~.~ CITY CLERK . CITY OF ARCADIA STATE OF CALIFORNIA . 3. t t/~YO STATE OF CALIFORNIA, COUNTY OF LOS ANGELES 55. CITY OF ARCADIA I, CHRISTINE VAN MAANEN, City Clerk of the City of ARCADIA, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 4680 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 regul~i meeting of said City Council held on the 6th day of December, 1977 ; and that the same was passed and adopted by the following vote, to-wit: AYES: COUNCIL MEMBERS: Gilb, Lauber, Margett, Parry and Saelid NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None DATED this 6th day of December, 1977 t;~7k~ CITY OF ARCADIlI STATE OF CALIFORNIA (SEAL)