RES-8542 Giving Preliminary Approval for Special Assessment District No. 95-1RESOLUTION NO. 8542
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE
PASSING ON THE "REPORT" OF THE ENGINEER, GIVING
PRELIMINARY APPROVAL, AND SETTING A TIME AND PLACE FOR
PUBLIC HEARINGS
AD 95-
1 WHEREAS, the CITY COUNCIL of the CITY OF ORANGE, CALIFORNIA, has
instituted proceedings for the installation of certain public works of improvement and appurtenances
under provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and
Highways Code of the State of Califomia, in a special assessment district known and designated
as ASSESSMENT DISTRICT NO. 95-1 (SYCAMORE CROSSING) (hereinafter referred to
as the Assessment
District"; and.WHEREAS, there has been prepared and filed with the legislative body a "
Report" provided for in Sections 10203 and 10204 of the Streets and Highways Code of the State of
Califomia. and this "Report" has been presented for
consideration; and,WHEREAS, a Resolution of Intention for this improvement was previously adopted
by the legislative body; and the "Report" as now presented shall stand as the "Report" for the
purpose of subsequent
proceedings hereunder,NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange
as follows:
Section I:That the above recitals are all true
and correct.
Section II:That the "Report" of the Engineer referred to hereinabove is adopted, passed
upon, and preliminarily approved,
as follows:A. That the plans and specifications for the proposed improvements to be
made, contained in said "Report" be, and they are hereby preliminarily approved
and adopted;B. That the Engineers estimate of the itemized and total costs and expenses
of the improvements and of the incidental expenses in connection therewith contained in said "
Report", be,and each of them are hereby preliminarily approved
and adopted;C, That the diagram showing the Assessment District referred to and described
in said Resolution of Intention, and also the boundaries and dimensions of the respective subdivisions
of land within said Assessment District, as the same existed at the time of the passage of
said Resolution of Intention, each of which subdivisions have been given a separate number upon said
diagram, as contained in said "Report", be, and it is hereby preliminarily approved
and adopted;D. That the proposed assessment upon the several subdivisions of land in
said Assessment District, in proportion to the estimated benefits to be received by such subdivisions,
respectively, from said improvements, and of the incidental expenses thereof, as contained in said "Report",
be, and they are hereby preliminarily approved
E. That the descriptions of the works of improvement contained in said "Report" be, and
the same are, hereby preliminarily approved,
Section III.
That said "Report" shall stand as the Engineer's "Report" for the purpose of all subsequent
proceedings had pursuant to said Resolution of Intention.
Section IV:
NOTICE IS HEREBY GIVEN THAT TWO (2) PUBLIC HEARINGS ARE HEREBY
SCHEDULED IN THE REGULAR MEETING PLACE OF THIS LEGISLATIVE BODY. BEING THE
COUNCIL CHAMBERS, CITY HALL, AT THE FOLLOWING DATES AND TIMES:
A. FIRST PUBLIC HEARING (PUBLIC MEETING):DECEMBER 12, 1995 AT 4:30 P.M.
B, SECOND PUBLIC HEARING: JANUARY 9, 1996 AT 7:30 P,M,
ANY AND ALL PERSONS HAVING ANY OBJECTIONS TO THE PROPOSED WORK, OR
ASSESSMENT, OR EXTENT OF THE ASSESSMENT DISTRICT, OR TO THE PROPOSED
GRADES, MAY APPEAR AND SHOW CAUSE WHY SAID WORK SHOULD NOT BE DONE OR
CARRIED OUT IN ACCORDANCE WITH THE RESOLUTION OF INTENTION AND THE "REPORT"
OF THE ENGINEER. PROTESTS MUST BE IN WRITING AND MUST BE DELIVERED TO THE
CITY CLERK AT OR BEFORE THE TIME SET FOR THE PUBLIC HEARING.
IF A WRITTEN PROTEST IS FILED BY OWNERS OF MORE THAN ONE-HALF OF
THE AREA OF LAND TO BE ASSESSED, NO FURTHER PROCEEDINGS SHALL BE TAKEN FOR
A PERIOD OF ONE YEAR, UNLESS THE PROTESTS ARE OVERRULED BY AN
AFFIRMATIVE VOTE OF 4/5'S OF THE MEMBERS OF THE LEGISLATIVE BODY, FINDING THAT THE
PUBLIC HEALTH AND SAFETY REQUIRE THE
IMPROVEMENTS.Section
V:That the City Clerk is hereby directed to mail notice of said Public Hearings and the
adoption of the Resolution of Intention and of the filing of the "Report" to all persons owning real
property proposed to be assessed, whose names and addresses appear on the last equalized
assessment roll for County taxes prior thereto, or as known to said City Clerk, and to all other persons
as prescribed in accordance with the provisions of said Division
12,Section
VI:That the City Clerk is hereby further directed to file a copy of the proposed boundary
map in the Office of the County Recorder within fifteen (15) days of the adoption of the proposed
boundary map; said boundary map to be in the manner and form as set forth in Division 4,5 of the Streets
and Highways Code of the State of
Califomia,ADOPTED this -Hth. day of November
1995.I' /2 (
i-I - /', _i'~ . .') /C;/['
1-'" ( \.,,<.c< /~JOanne
Coontz, Mayor of the CiW:6fOrange
ATTEST:
I hereby certify that the foregoing Resolution was duly and regularly adopted by the City
Council of the City of Orange at a regular meeting thereof held on the 14th day of November, 1995,
by the following vote:
AYES: COUNCILMEMBERS: MURPHY, BARRERA, MAYOR CCONTZ, SPURGEON, SLATER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NOI\'E
cart, City Clerk of the City of Orange