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R 1447 ::iUf.J ..., . - ~ -, . ~ ~ . - , .. , , RESOLUTION NO. 1447 RESOLUTION OF THE CIT~ COUNCIL CONFI~1ING . THE ASSESSl-lENT, ORDERING THE Il1PROVEMENTS NADE, 'l'OGETHER WITH APPURTENAt'lCES, AND APPROVING THE ENGINEER'S REPORT. \'lHEREAS , this City Council did, on the 14th day of October, 1980 , adopt its Resolution of Intention No. . 1435. for the construction of certain public works of I improvement, together with appurtenances and appurtenant work, including acquisition, where appropriate, in a special assess- ment 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 Council; and, HHEREAS, said "Report" as preliminarily approved contained all the matters and items called for by law and as pursuant to the provi- sions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California, in- cluding the following: 1. Plans and specifications of the proposed improvements; I 2. Estimate of Cost; 3. Diagram of Assessment District; 4. An Assessment according to Benefits; 5. A Description of the \'lorks of Improvement; and, \mEREAS, this City Council has heard and considered all protests and a full hearing having been given all in the manner provided by la\v; and, ., \.;HEREAS, notices of said hearing \,e1:e duly and regularly posted, mailed and published in the time, form and manner required by la\, and as evidenced by affidavits on file in the Office of the City Clerk; and, '"",mOA5, the o"nees of ono-hoH (1/2) of the oreo asse..ed for the ~ cost of the project did not file written protests against the said ~ proposed improvements and acqu~siti~!.1, \,here ';l!??ropriate, and said. \\, City Council did, after providlng a .full hearlng, overrule and deny <,11 protests and objections; an(~ , ";I{l::T~Ei\S , si1ic1 City Council i~. 110','" satisfied ;.Jith the assess:u~nt and. ':111" mi:ttt'~:rs conl:ained in the "R~~i?(J!.-t" I as now s\lbrnitted, .> .. --~ .-+- ... ~ __0-- ....v . r- ') . . - : NOli, THEREFORE, IT IS HEREBY RESOLVED BY TilE CITY COUNCIL OF THE CITY OF ARROYO GRANDE. . CAI,IFORNIA, AS FOLLONS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That the "Report", consisting of the aSsessment and diagram for the improvements, together with appur- tenances and appurtenant work in connection therewith, . including acquisition, where appropriate, is hereby [ confirmed. SECTION 3. That the public interest and convenience 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, in- cluding acquisition, where appropriate, in sai~ Assessment District, as set forth in Resolution of Intention No. .1435 . adopted on the 14th day of October, 1980 as set forth in the "Report" presented and considered by this City Council, and 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, in- cluding 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 autho- , rized and directed to establish a special fund account to be kno,.n and designated as .. 111PROVEHENT FmJD FOR ASSESSt1ENT DISTRICT NO. 79-1" into \-1hich 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 hReport" is here- by levied upon the rcspe:ctive subdivisions of land in the Assessment District as set forth in said to Report t. . SECTION 6. That the city Clerk shall forthwith deliver to the Superintendent:ofStreets the said assessment, together. \-lith the diagram attached thereto and made. a part there- of, as con firmed by thts City Council with his certifi- cate of S l\ch con E i rma ::~ion thereto attached and the elate !:-hercof; and th<:tt said sur-)o;:~rintcJldent: of Streets shall then imri1ed t<ltcly record ~.5l:\ id . diC1griH:t and i!SSeSSE1~n t. in his office in a suita~le book to be kept: for that: pur- po~;e (!nd attach thcceto his certificate of the cl3te of ~; tI c h rccordiocI- -;> .... ":d iIUD . . . r-- ) " -./ . SECTION 7. That said Superintendent of Sfreets, upon the recording of said diagram and assessment, shall mail to each O\~er of real property within the Assessment District at his last known address, as the same appears on the tax rolls of the Cfty or on file in the Office of the City Clerk of said City, or to both addresses if said address is not the sam~, 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, th~ 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 all unpaid assessments pursuant to the applicable I provision of law and the Resolution of Intention. SECTION 8. That said Superintendent of streets shall also give notice by publishing a copy of a notice of recording ." of assessment in the FIVE CITIES TIME-PRESS-RECORDER a newspaper published in said City in the manner and form as provided.by 1:aw, giving notice that said assess- ment 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 assess- ment, which date shall be so stated in said notice, and of the fact that securities will be issued .upon unpaid assessments. SECTION 9. That the City Clerk, immediately upon recordation of the assessment roll and diagram, shall file a certified copy of the assessment diagram in the Office of the County Recorder. Immediately 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 lien 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 9th day of December, 1980 . /11 R CITY OF ARRLJYO STATE OF CALIFORt'HA .... ~ A'fTEST: {j,ffl~/~~ o \, DEPUTY C IT1' O~ I\RROYO Gf'.J\NDE STNi'r: OF CJ\LIFORNli\ -)- ... ~....- ...-.----- ... ___ _0'-'- .a__ - (I./{ ~ ') ,,-. - . I .. . STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO ) S5 . CITY OF ARROYO GRANPE ) I, CINDY CHRISTIAN, Deputy City Clerk of the City of Arroyo , Grande, California, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 1447 I was duly passed, approved and adopted by said City Council, approved and signed by the Mayor, and attested by the Deputy City Clerk, all at a regular meeting of said City Council held on the 9th day of December , 19 80 , and that the same was passed and adopted by the following vote, to ,,,it: . AYES: COUNCIUIEMBERS: Smith, Mi1Jis. . Vandeveer, and Mayor Pope . NOES: COUNCILHE~1BERS : Hogan . ABSENT: COUNCIll-IEHBERS: None DA'fED this 10th day of Decembe r. 1980 . . (!fl~1b1UJ DEPUTY~T 'CLERK CITY 0 ARROYO GRANDE STATE OF CALIFORNIA [ SEi\L] , . . \. .