HomeMy WebLinkAboutCity Council - 5961 RESOLUTION NO. 5961
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH CONFIRMING THE ASSESSMENT,
ORDERING THE IMPROVEMENTS MADE, TOGETHER WITH
APPURTENANCES, AND APPROVING THE ENGINEER 'S "REPORT"
RELATED TO ASSESSMENT DISTRICT NO. 88-1
WHEREAS, the City Council of the City of Huntington Beach,
did previously adopt its Resolution of Intention 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 . 88-1 (Reservoir Hill )
hereinafter referred to as the "Assessment District" ; and
Pursuant to said Resolution of Intention, a "Report, " as
therein provided, was presented, considered and approved; and
Said "Report, " as preliminarily 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
li Ca forma including the following:
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1 . Plans and specifications of the proposed improvements;
2 . Estimate of 'cost;
3 . Diagram of Assessment District;
4 . An assessment according to benefits;
5 . A description of the works of improvement; and,
All protests have been heard and considered, and a full
hearing has been given, all in the manner provided by law; and
Notices of said hearing were duly and regularly posted,
mailed and published in the time, form and manner required by
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law and as evidenced by affidavits on file with the transcript
of these proceedings; and,
The owners of one-half (1/2 ) of the area assessed for the
cost of the project did not file written protests against the
said proposed improvements and acquisition where appropriate,
and this legislative body did, after providing a full hearing,
overrule and deny all protests and objections; and,
This legislative body is now satisfied with the assessment
and all matters contained in the "report" as now updated and
submitted.
NOW, THEREFORE, it is hereby resolved as follows:
RECITALS
SECTION 1 . That the above recitals are all true and
correct .
PUBLIC INTEREST AND CONVENIENCE
SECTION 2 . That the public interest and convenience
require the proposed improvements to be made, and therefore it
is hereby ordered that 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 the Resolution of
Intention previously adopted and as set forth in the "Report"
presented and considered, and as now submitted .
CONFIRMATION OF ASSESSMENTS
SECTION 3 . That the "Report, " as now updated and
submitted, consisting of the assessment and diagram for the
improvements, together with appurtenances and appurtenant work
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in connection therewith, including acquisition where
appropriate, is hereby confirmed.
The assessment contained in said "Report" is hereby levied
upon the respective subdivisions of land in the Assessment
District as set forth in said "Report . "
RECORDATION OF ASSESSMENT
SECTION 4 . 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, with his certificate of such confirmation attached
and 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.
COUNTY RECORDER NOTICE
SECTION 5 . Upon confirmation of the assessments and
recordation of the assessment role and diagram, a certified copy
of the assessment diagram shall be immediately filed in the
office of the County Recorder . Immediately thereafter, a copy
of the notice of assessment shall be recorded in the office of
the 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.
MAILED NOTICE
SECTION 6 . 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
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last known address, as the same appears on the tax rolls of the
County or on file in the office of the City Clerk, or both
addresses if said address is not the same, or to 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 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
assessments pursuant to the "Improvement Bond Act of 1915 . "
PUBLICATION
SECTION 7 . That said Superintendent of Streets shall
also give notice by publishing a copy of a notice of recording
of assessment in the newspaper previously selected to publish
all notices 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 .
IMPROVEMENT FUND
SECTION 8 . That the Treasurer is hereby authorized and
directed to establish a special fund account to be known as the
IMPROVEMENT FUND, and designated by the name of this Assessment
District, into which fund shall be paid all payments to be
received upon said assessment, and the proceeds of the sale of
bonds to be issued representing unpaid assessments .
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RESERVE FUND
SECTION 9 . That the Treasurer is hereby further
authorized to establish a special reserve fund, into which the
designated amount shall be transferred and held in trust for the
bondholders and used to assist final discharge by any payment by
property owners within the boundaries of the Assessment District .
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 5th
day of December , 1988 .
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk �C6Q j ity Attorney (1 _ . 1
REVIEWED AND APPROVED: NITIATED AN APPROVED:
City Administrator 4n3 Direc or, Public Works
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STATE OF CALIFORNIA Res. No. 5961
COUNTY OF ORANGE ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, the duly elected, qualified City
Clerk of the City of Huntington Beach, and ex-officio Clerk of the
City Council of said City, do hereby certify that the whole number of
members of the City Council of the City of Huntington Beach is seven;
that the foregoing resolution was passed and adopted by the affirmative
vote of at least a majority of all the members of said City Council
at a regular meeting thereof held on the 5th day
of December , 19 88 , by the following vote:
AYES: Councilmembers:
MacAllister, Green, Winchell , Bannister, Mays, Silva, Erskine
NOES: Councilmembers:
Nnnn
ABSENT: Councilmembers:
None
City er an ex-officidwClerk
of the City Council of the City
of Huntington Beach, California
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