R 1215
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ItESOLUTI ON NO. 1215
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE CONFIRMING THE ASSESSMENT, ORDERING THE IMPROVE-
MENTS HADE TOGETHER WITH APPURTENANCES AND APPROVING
ENGINEER'S REPORT.
ASSESSMENT DISTRICT NO. 74-1
(RUTH ANN WAY)
WHEREAS, this City Council did on ~he 23rd day of March, 1976, adopt Its
Resolution of Intention No. 1210 for the construction of certain public 'OIorks of
Improvement In ASSESSMENT DISTRICT NO. 74-1 (RUTH ANN WAY). and,
WHEREAS, pursuant to said Resolution of Intention II "Report" as therein
provided wu presented, considered, and approved by this Council ; and
WHEREAS, said "Report" as preliminarily apprQved contained all the IIIIItters
and Items'called for by law and as pursuant to the provlslO1'1s of the "Mlmlcl.,.1
Fr Improvement Act of 1913", being Division 12 of the StreetS.nd Hlghwe:ys Code of
"'" the Stat. of California, including the following:
1. Plans and specifications of the proposed Improvements.
2. Estimate of cost.
3. Diagram of district.
4. An assessment according to benefits.
5. A description of the works of Improvement.
WHEREAS, this Council has heard and considered all protests .nd . full
hearing having been given all In the manner provided by law; and
WHEREAS, notices of said hearing were duly and regularly pested, IIIIIllell
and published In the time, form, and manner required by law and as evidenced by
affidavIts on file in the Office of the City Clerk; and
WHEREAS, that the owners of one-half (1/2) of the aTea,asseSled for the
cost of the project did not file written protests against the sal.ilj)rOjlosed
acquisition and improvements and said City Council did after provldfttg a full
hearing, overrule and deny all protests and objections.
WHEREAS, said City Council is now satisfied with the assessment and an
matters contained In the "Report", as now submitted.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE, CALIFORNIA, AS FOLLOWS:
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 appurtenances Is hereby conflrmed~
SECTION 3. That the pub! ic Interest and convenience require the proposed
Improvement to be made and therefore said City Council hereby orders the _rk to
be done and Improvements to be made together with acquisition In said district, as
set forth In Resolution of Intention No. 1210, adopted on the 23rd day of March,
1976, as set forth In the "Report" presented and considered by th.ls Council, and
as now submitted.
That the Engineer's "Report" Including the estimate of the Itemized and
total costs and expenses of said acquisition and Improvements, Including
Incidental expenses In connection therewith be and It Is hereby finally adopted
and so approved.
SECTION 4. The Treasurer of the City of Arroyo Grande,. California, Is
hereby authorized and directed to establish a special fund accOunt to be known
and dulgnated as "Improvement Fund for ASSESSMENT DISTRICT NO. 74-1 (RUTH ANN
WAY) Into which shall b. paid 1111 payments to be received upon said assessment,
Ind the proc:..ds of the 511. of securities to be Issued representing unp.ld
Iss......nU.
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SECTION 5. That the assessment contained In said "Report" Is hereby levied
upon the respective subdivIsion of land In the assessment district as set fOf'th In
the sa I d "Report".
SECTION 6. 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 Council with. her certificate of such confirmation
thereto attached and of the date thereof; and that saId Superintendent of Streets
shall then Immediately record sa I d dl agram and assessment In hi s office In a sui table
book to be kept for that purpose and attach thereto his cart If I cateof the date of
such recc;lrdlng.
SECTlO~. 7. That saId Superintendent of Streets, upon the recording of said
diagram and assessment, skall mal hto each owl)er of real prope~ty wl~hl,,;,the.ssessment
dlstrl ctathlslast-knowna"t:I~ess~~1:he!Sc.meappears oll~he' ~!!t~r9n~of ~he City
or on file In the Office of the City Clerk of said City, Or to both'ad<lresses If
sald.addr.ss)s not the same, or to the General DeJ1\1erYwhen!!~.~M~s~;"~j"RfIfI~~S,
a statemel)t containing a designation by .street number or ot;l1erdes(:rlp~l," C)ttl'lI~ ,
property assessed sufficient to enable the owner to Ident!fy t.he. sa., .t~ iI~unt ..
of the assessment, the time and place of payment theref;lf.Jhe effect of.,fallure to
pay within such time, and a statement of the fact that bonds will be Issued on
unpaId assessments pursuant to the "Improvemellt Bond Act of, I~~S': lIelng DIvision 10
of the Streets and Highways Code of the State of California, ,
SECTION 8. That said Superintendent of Streets shall ab9 !lIve notice by
publishIng a copy of a notice of recording ofassllssment:ln, the Ftv.'Jt~les Times-
Press-Recorder, a newspaper published In said City In the manner and form as provided
by law, livIng notIce that said assessment has been recorded~n..hl~,off}cct, and
that all sums assessed thereon are due and payable IlIIIIedlately,. .n~tbat 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 sal~ notice.. and of the fal;tthat
securities wi 11 be Issued...tJpon unpaid ass~ssments.
SECTION 9. That the City Clerk Immediately upon recordation of the
assess.."rqll a~!I.dlagraIIL~hall file a.. certIfied fOPY Q,ftheasSe$smeltt diagram
In the office of the County Recgrder. ,~!"'!I'~'@~e!y,J:he.reafte.,r .,ld City cl!i?rk
further shall record a copy of the notice of.assessme/lt Ig,the oUlce o.f said
County Recorder In the manner and form as set forthb.y law and spectn~I1Y
SectIon 3114 of the Streets and Highways Code of the State of California. The
assessments do not become a lien upon the Ind.ivldual andpartll;lIl,1Ir p;lrc;;,h.wlthln
the boundarIes of the assessment district until saId notice of aSSessment has
been so recorded. ' .
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OnllJOtlon of Councilman Splerllng, seconded by Councilman Galb.gher, Jr.
and on the following roll call vote, to wIt: . .. .
, AYES: Councilmen Splerllng, Gallagher,Jr., Millis and Mayor de Leon
NOES: None
ABSENT: Councilman Schlegel
,he f.,...,., ....,"'~ -. ......d a.d ....p'.d ,hi 'J!}:. day .f 'pel I, "".
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ATTEST:~:J. dd ~ MAYOR
. CITY CLERK
I, Ines A. del Campo, CIty Clerk of the City of Ar.royo, Gran~..County
of San LuIs Obispo, State of California, do hereby certify that the foregoing
Resolution No. !l!.2. Is a true, full and correct copy of said ResolutIOn passed
and adopted by the City Council of the City of Arroyo Gra;l\de at II regu tar
meeting of saId Council held on the 27th day of April, 1.9.76.
WITNESS my hand and the Seal of the City of Ar'l'oyo'Grande. affixed
this 28th day of April, 1976.
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C ty ler 01 t e ty 0 . rroyo Grande
(SEAL)
,to
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