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Home My WebLink AboutCC Res 4376 1995-04-24 WHEREAS, WHEREAS , WHEREAS , RESOLUTION NO. ~1to A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, PASSING ON THE "REPORT" OF THE ENGINEER, GIVING PRELIMINARY APPROVAL, AND SETTING A TIME AND PLACE FOR PUBLIC HEARINGS the CITY COUNCIL of the CITY OF SEAL BEACH, 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 California, in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 94-1 (SURFSIDE COLONY) (hereinafter referred to as the "Assessment District", and, 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, 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. I NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE AS FOLLOWS. SECTION 1. SECTION 2. That the above recitals are all true and correct. That the "Report" of the Engineer referred to hereinabove is considers adopted, passed upon, and preliminarily approved, as follows: A. That the plans and specifications for the proposed I improvements to be made, contained in said "Report" be, and they are hereby preliminarily 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 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 acquisition and improvements, and of the incidental expenses thereof, as contained in said "Report", be, and they are hereby preliminarily approved and adopted; I I I I Resolution Number ~ 7~ 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. SECTION 3. 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 4. NOTICE IS HEREBY GIVEN THAT TWO (2) PUBLIC HEARINGS ARE HEREBY SCHEDULE IN THE REGULAR MEETING PLACE OF THIS LEGISLATIVE BODY, BEING THE FOLLOWING DATES AND TIMES: A. FIRST PUBLIC HEARING: MAY 22, 1995 AT 7:00 P.M. B. SECOND PUBLIC HEARING: JUNE 12, 1995 AT 7:00P.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. 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. SECTIONN 6. 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. SECTION 5. PASSED, APPROVED and ADOPTED by the Cit~ncil o~ g;ty of Seal Beach at a meeting thereof hel~ n the ~ day o~, 1995, by the following vo:te: r"\ AYES: Councilmember -:r. . il~~ ." - NOES: Councilmembers ABSENT: Councilmembers ~7~~' . ~~'~\\,~ =- 0 ...... IJ~ II, ff~""..-to"Ojf':-;..'f~ ~\ ~ U/~'+ #0\'S- l>t:. 'l.~~ ~O: : ocr I Z"'.o .:...'" ~ . o. . ~.,. ..<:'0 ~.:~... ~"tQi..:'" 27. ,q~~..~ol "1 C. ........ ...\,;- I", OUNl1.C.r;...~ \\\\\\w....~ Resolution Number ~ .'1~ STATE OF CALIFORNIA COUNTY OF ORANGE STATE OF CALIFORNIA ) ) SS ) I I, Joanne M. Yeo, City Clerk of the city of Seal Beach, California, do hereby certify that th~fOreqoinq resolution is the original copy of Resolution Number 3/~ on file in the office of the City Clerk, pa~, approved, and adopted by the City Council Of..,~J_ 'City of S Bea~ at a reqular meeting thereof held on the ~ day of , 1995. I I I' PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA County of Orange' ' .. I S-A all in the year 19A. I c~rtify (or declare) under penalty of perjury that the foregoing is true and correct. Resolution Number ~~~ This space for for the County Clerk's Filing Stamp LEGISLATIVE BODV, BEING THE COUNCIL CHAMBERS, CITY Proof of Publication of HALL. 211 - 8tn STREET, SEAL BEACH, CALIFORNIA, ON THE t-::l 0'"\:..... 01'- VI ~...... c. FOLLOWING OATES AND TIMES. l-\i).M..i":' \...- 11\ <:.., . S\,^,' ...... A. FIRST PUBLIC HEARING .......:,. t ~T.. -:...... IlAY22. 1115 AT 7:00 P.M. I) .. :')"'t>L. ..... IV 0 "I: 4 _ , B. SECOND PUBLIC HEARING: . oIUNE 12, 111I5 AT 7:00 P.II . . . . . '~..ihi08pi_.go. - AT THAT TIME THE _....OF LEGISLATIVE BODY WILL -.mI CONSIDER AND FINALLY - DETERMINE WHETHER THE Tn.' propoI.o WOrtcl 01 PUBLIC INTEREST AND Inllll........ ID be _ _r CONVENIENCE REQUIRE THE the.e proce.dlngs for thl. IMPROVEMENTS, DETERMINE _.. 1lIoIrtcI1.. __ WHETHER THE OWNERS OF A U tho llnanclng Of cortaln public MAJORITY OF THE AREA OF , Improvement. delCrlbed .1 Ihe THE PROPERTY IN THE ... converatOn af ....""g OVIIrfI..d PROPOSED ASSESSMENT electrical and communication DISTRICT HAVE PAOTESTED IocIItIIII ID unOorgruund -.. AGAINST SAID IMPROVEMENTS. _ IIoht InotaII8tIDn and COIIOIn OR ANY PORTION THEREOF, waler line replacement work, FINALLY ACT ON THE IDgOthor _ I __ and ENGINEER'S "REPORT': AND appurtenant work In connection HEAR ALL PROTESTS RELATING ...._. TO SAID PROPOSED PROCEEDINGS, OR THE 8011_ OF GRADES AT WHICH THE WORK . _1---- DlSTIICl" SHALL BE DONE, OR THE AI~"I_ from.. EXTENT OF THE ASSESSMENT 1 I DISTRICT. OR AS TO MAPS AND WO I 0 mprovlment Ihall ba DESCRIPTIONS. OR THE ........ 10 PlY. propol\lonol. ESTIMATE OF THE COST AND ......... -. and __.. ~.:L,rouomonto, log.ln.r WIth EXPENSES THEREOF, OR THE f( PROPOSED DIAGRAM OR _Im.:~= Ido"::fl,::' ": ASSESSMENT: AND ANY AND :PROPOSED BOUNDARIES OF ALL PERSONS INTERESTED .ftft~SS ENT DlSTR MAY FILE A ~N PR07EST ~ M leT NO, 1M- AT OR BEFORE THE TIME SET 1 (SURFSlDE COlONY) ... - FOR HEARING REFERRED TO opproved by tho _tivo body. and for all partlcur.,. al 10 ttie HEREIN. boundaries. reference IS made to IF WRITTEN PROTESTS ARE . - mop on 11Io -...."..q,t FILED BY PROPERTY OWNERS ........--.... OF MORE THAN ONE-HALF (112) CDlTOF _ENTS QF THE AREA OF TH! LAND TO BE ASSESSED, THE A. TllII COOl OftholllcllhllllD be PROCEEDINGS SHALL BE _1D.._....n ABANDONED UNLESS THE tho bounOo~" 01 tho _11- PROTESTS ARE OVERRULED ment District. Including BV AN AFFIRMATIVE VOTE OF Improvement.. Incidentals. 415'. OF THE MEMBERS OF THE contlngencle. and financing lEGISLATIVE BODY FINDING _1i_lDbe: THAT THE PUBliC HEALTH AND . IU7I.lllIa.OO SAFETV REQUIRES THE IIIPROVEMENTS .. The~ are no pnMousfy fevfed W1PIid specIeI ---___lIS on PROCEEDINGS Iny prop.rly propooeel 10 be . 'INOUIlIESlPAOTESTS a..e'led within the For all Information relallng to AIIeum8nt DtstrIcI. these proceedings and the heanng -otI'atIUQI AND IIOfI)8 and protest procedure. your The &::tidings for Iha """'"' atIIIntlon I. directed 10 the person monI willie _Ill tho ..,Ignatod boIow: . -Municipal Impronment Act of AllY SlfEPHARD 1813" (DIvIoIori 12 Of tho BIroots WLLDAN aBSOClATES and H9MBII CcD Of.. SI8Io Of 888 SOUTH WEST STREET. 300 CIIlfomlo), _ _ ID Ioouo ID ANAHEIM. CAUFORNIA 92802 lOp...... unpolO ...._ in TELEPHONE (714) 583-3200 -_..~ BonO Aol Of 1 ~':J 10 Of _on _to moy be modod Dr 0010 COde). F !,:O public ._ID.. _ng. hol~ngl, 0 thirty ( OIY COIh I . ..lloclron = 10 ala. and ern a.ERK ........... "'1 be IlIUeeI ID ern OF IlEAL BEACH ...... lie"'" "II ...... 211 . 8th STREET -............. _ In 8EAL1!EACH.CALJFORNIA 0IllIl01__... pari"" 10740 _lOXblL Tho__ TB.EPHONE'(310)431-2527 rat. for the bonds ahall be I . -...--..... i DATED1HIS2!lthdoyolApriI. PIIBUC_ 1'118' NOTICE IS HEREBY GIVEN I ~aoClly III _ B._ THAT TWO (2) PUBLIC ,..,-~ -.. HEARINGS AR"E HEREBY, _IlIC111domlo. SCHEDULED IN THE REGULAR IIEETING PLACE OF THIS _intho_BoodlIM JaumoIlMI27, _ Dated at Seal Beach, California, this '-\ day of M fl../ ' 19A. ~L .().. D ~;;;ow~ S gna~l I a":"a citizen of the United States an~ a tesident of the County afore- said; I am over the age of eighteen years, and not a party to or inter- ested in the above-entitled malter. I am the principal clerk of the printer of the SEAL BEACH SUN, a newspaper of general circulation, printed and published weeklv In the Clly of ~ Beach, County of Orange and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of 2124~5. Case Number A82583; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire Issue of, said newspaper and.not In any supplement thereof on the following dates, to-wit: ~.h\ I PUBLICATION PROCESSED BY: THE SUN NEWSPAPERS 216 Main Street P.O. Box 755 Sea' Beach, CA 90740 (310)430-7555 NOTICE OF PUBLIC HEARINGS IlESOLUTmN OF _AND_ N011CE IS HEREBY GIVEN lIoll .. CITY COUNCIL"'" ern OF SEAL BEACH. CALlFORflIA. 010 on the 2.1h day of Aorll. 1985. adopt tis AllQlutlon of Intention. ftIC8MI and f.. a -R~ of the ervr-. and.......... a_ end pIoColorpubllc: _Illfonn. opocIoJ _ont olitrlct known and _ eo ASSESSMEIIT DISTRICT NO. 114.1 (SURFSIDE COLONY) (hOrolnah.r"""" ID ..1hI-.-- ._11 DtIbtcr). Tho _fo 'IIopoI\""'_ _rocf and opprovoO, oonoIo1Ing .... pIono, 1IpOCIIIcoIIono. ....... . descriptions and Ullmate of the CDIt. li1ddlllgram and" .~.. and for all PIIrtlCulara .. 10 thale proceedl~' Ind any Individual .".1It ,1'Ifer..a ill madalO Aid "R10rl" as preliminarily approve and on file with the