Res 1571
RESOLUTION NO. 157
RESOLUTION OF THE CITY COUNCIL CONFIRMING
THE ASSESSMENT, ORDERING THE IMPROVEMENTS MADE,
TOGETHER WITH APPURTENANCES, AND APPROVING THE
ENGINEER'S REPORT.
WHEREAS, the CITY COUNCIL of the CITY OF POWAY, CALIFORNIA (hereinafter
referred to as "Agency"), did, on the 14th day of July, 1981, adopt its
Resolution of Intention No. 124, 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. 79-1
(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 Agency; and,
WHEREAS, 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 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 description of the works of improvement.
and,
WHEREAS, this AgencY has heard and considered all protests and a full hearing
has been given, all in the manner provided by law; and,
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 Agency; and,
WHEREAS, the owners of one-half (I/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 said Agency did, after providing a
full hearing, overrule and deny all protests and objections; and,
WHEREAS, said Agency is now satisfied with the assessment and all matters
contained in the "Report" as now submitted.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECT I ON I.
SECTION 2.
SECTION 3.
SECTION 4.
SECTION
SECTION 6.
SECTION 7.
RESOLUTION NO. 157
Page Two
That the above recitals are all true and correct.
That the "Report", consisting of the assessment and diagram for the
improvements, together with appurtenances and appurtenant work in
connection therewith, including acquisition where appropriate, is
hereby confirmed.
That the public interest and convenience require the proposed
improvements to be made, and therefore said Agency 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 the Resolution of Intention previously
adopted and as set forth in the "Report"presented and considered
by this Agency, and as now submitted.
That the Treasurer is hereby authorized and directed to establish a
special fund account to be known and designated as
IMPROVEMENT FUND FOR
ASSESSMENT DISTRICT NO. 79-1
into which fund 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.
That 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".
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 Agency, 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.
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
s~me appears on the tax rolls of the County or on file in the
Office of this Agency, or to 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".
RESOLUTION NO. 157
Page Three
SECTION 8.
SECTION 9.
That said Superintendent of Streets shall also give notice by
publishing a copy of a notice of recording of assessment in the
POWAY NEWS CHIEFTAIN, the newspaper previously selected by Agency
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.
Upon confirmation of the assessments and recordation of the
assessment roll 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.
APPROVED and ADOPTED this 8th
ATTEST:
CITY CL[RK
CITY OFJPOWAY
STATE OF'x_C, AL IFORN IA
day of September, 1981
MAYOR
CITY OF POWAY
STATE OF CALI FORN I A