RES-7819 Preliminary Approval and Setting Public Hearing for Special Assessment District No. 91-1RESOLUTION NO. 7819
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ORANGE PASSING ON THE "R~PORT" OF THE ENGINEER,
GIVING PRELIMINARY.APPROVAL, AND SETTING A TIME
AND PLACE FOR PUBLIC HEARING
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 Improve-
ment Act of 1913", being Division 12 of the Streets and Highways Code of
the State of California, in a special assessment district known and desig-
nated as ASSESSMENT DISTRICT NO. 91-1 (CUMBERLAND ROAD) (
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 California, and this "Report" has
been presented for consideration;
and,WHEREAS, said "Report" is a combined "Report", consolidating
the requirements of both the "Municipal Improvement Act of 1913" and
the Special Assessment Investigation, Limitation and Majority Protest Act
of 1931";
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 RESOLVEq 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 considered 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 It be, and they are hereby
prelimi-narily approved and
adopted;B. That the Engineer's estimate of the itemized and total costs
and expenses of said acquisition, where necessary, and improvements, and
of the incidental expenses in connection therewith, contained in
said Report", be, and each of them are hereby preliminarily approved
and
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 Resolu-
tion 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 acquisition
and improvements, and of the incidental expenses thereof, as contained in
said "Report", be, and they are hereby preliminarily approved and
adopted;
E. That the maps and descriptions of the lands and easements to be
acquired, as contained in said "Report" be, and the same are hereby
preliminarily approved;
F. That the total amount of unpaid and/or previously levied special
assessments, if any, as set forth, are preliminarily approved;
G. That the valuation data, including the true value of the land
and improvements, as determined from the cash values of the parcels as
shown upon the last equalized assessment roll of the County is 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 ON TUESDAY, THE 9TH DAY OF JULY, 1991,
AT THE HOUR OF 7.00 O'CLOCK P.M., IN THE REGULAR MEETING PLACE OF THIS
LEGISLATIVE BODY, BEING THE COUNCIL CHAMBERS, CITY HALL, 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 ACCOR-
DANCE 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.
Section V.
That the City Clerk is hereby directed to give notice of said Public
Hearing by causing to be conspicuously posted on all open streets within
the Assessment District, not more than 300 feet apart on each street so
posted, but not less than 3 in all, notice of the passage of the
Resolution of Intention and of this Resolution, all in accordance with
the provisions of said Division 12.
Reso. No. 7819 2-
Section VI.
That the city Clerk is hereby directed to give notice of said Public
Hearing and of the passage of the Resqlution of Intention and this Resolu-
tion by causing such notice to be published in accordance with Section
6066 of the Government Code, in the newspaper previously designated as
the newspaper for all publications as required by law and as necessary
for completion of this Assessment District.
Section VII.
That the City Clerk is hereby directed to mail notice of said Public
Hearing 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 VIII.
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 California.
ADOPTED this 28th day of May 1991.
ATTEST.
A~J/~)~~~
City~ Clerk f th Ci of Orange
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 28th day of May , 1991, by
the following vote.
AYES.COUNCILMEN. STEINER, BARRERA, MAYOR BEYER, COONTZ, SPURGEON
NOES:COUNCILMEN: NONE
ABSENT:COUNCILMEN. NONE
A./~~ 12~
City Cler f t~ ~y of Orange
Reso. No. 7819 3-