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HomeMy WebLinkAbout56-36ORDER ADOPTING ENGI.,.,J¢~R'o REPORT. COI~IRMING T~ ASSESS~ &~D ORDERING T~E WORK SOUT~4EST ADDITION NO. 4 RESOLVED, by the City Council of the City of Ukiah, Ca!if- ornia, that W!~REAS, on the 1st day of February, 1956, said Council adopted its Resolution of Intention No. 56-2k to construct public improvements in said City, and referred the proposed improvements ~ ~'e :tn er . i~ he being th~ officer i~avins ~,o tn.. City Eng e of sa City, charge an~ control of the construction of improvements in an4 for said City of the k:[nd described in said ResolutZon of Intention, and being a competent person appointed by said Council for that purpose; WHEREAS, said Council thereby directed said City Engineer to rake and f-tie with the City Clerk of said City a repo:rt !n wr.~t.~_ng, in accordance with and pursuant to the Munic!pa! Improve- ment Act of 1913, as amended; WHEREAS, said report was duly r~de anc~ riled with the .~e~ Clerk of said City, whereupon ,said Clerk presented it to the Council for consideration.; W~REAS, said Council thereupon duly considere~ said report and_ each an4 ever~, part thereof, an4 found that it contained all the matters and things called for by 'the orovisions of sai0 Act, ine].uding (1) maps and descriptions of lands an¢ easements to be acquitted; (2) plans an~ specification~ of the propose0 improvement (3~ ~ti~te of costs, (.4-) d~a~a ~ , ~.-~ ~ o--m of district, and (5) an assess- ment according to benef.[ts, all of wb'tch was dome in the form ' ~ r:~nner required by said Act; W~]RFStS, sai~ Count_il found that said report an4 each an::~ ~v~v.~._ ~ ~:~art t,~,ereof~, was sufficient in ,~v~v~_~ .ca')' ~t'~..~u~a~ and determined that ~t should stand as the re~ort for all subsequent proceed' .-~ ' ~ l~l ~n(~P sa~d Act, whereupon said Counc~l~ .... .~. pursuant to th~ -~ merits of said Act, appointed WerJnesday, the ~lst ~ay o~ March, 1956, at the hour of 8:00 o'clock P.M. of said day in the Council Chambers, City Hall, Ukiah, California, as the time and place for i hearing protests in rela~:ion to said proposed acquisitions and im-i provements, and directing the City Clerk of said City to give no- tice of said hearing as required by said Act; WHEREAS, it appears that notices of said hearing were duly and regularly posted, mailed and published in the time, form and manner required by said ~ct, as evidenced by the affidavits on file with said City Clerk, whereupon said hearing was duly and regularly held at the time and place stated in said notice; and WHEREAS, persons interested, objecting to said acquisitions and improvements, or to the extent of the assessment district, or to the proposed assessment or diagram, or to the maps and descrip- tions, or to the grades at which said work will be done, or to t~e Engineer's estimate of the costs and expenses thereof, filed writ- ten protests with the City Clerk of said City at or before the time set for hearing, and all persons interested desiring to be heard were given an opportunity to be heard, and all matters and things pertaining to said acquisitions and improvements were fully heard and considered by said Council, and certain of said. written protests were withdrawn, in writing, prior to the conclusion of the protest hearing in accordance with law, and the remainder of said protests were overruled, and said Council has acquired juris- diction to order said acquisitions and improvements and the con- firmation of said diagram and assessment to pay the costs and ex- penses thereof. NOW, THEREFORE, said Council does hereby FIND, DETERMINE and ORDER as follows: 1. That the owners of one-half of the area to be assessed for the cost of the project did not file written protests, which were not withdrawn, in writing, prior to the conclusion of the protest hearing in accordance with law, against the said proposed acquisitions and improvements as a whole, or against the said district or the extent thereof to be assessed for the costs and --2-- ex~ens~o of said acquisitions and improvements as a whole, 0? as to the Engineer's estimate of said costs and expenses, or agaz~,~t the maps and descriptions, or against the diagram or assessment to pay for the costs and expenses thereof. 2. That the district benefited by said acquisitions and improvements and to be assessed to pay the costs and expenses thereof, an,~. the exterior boundaries thereof are more particularly Uescribe~ in said Resolution of Intention and made a part hereof by reference ~'~-'~ ~eto. T~'~at ali. public streets and highways with- in said assessment Uistrict, in use in the ~erformance~ of a pub- llc function as such, shall be omitted from said ~istrict and from the levv~ anS~ collection of the special_ taxes to be hereaf~,~e~.~ levie~ and collected to cover the costs a~d expenses of said acquisitions and improvements. 3~. That the plans and specifications for the proposed im- provements, contained in said report, be, and they are }~ereby, finally adopted and approved as the plans and specifications to wh.~ch said work shall be done as called for in said Resolution of intention. ~±. That the Engineer's estimate of the itemized and total costs and expenses of said acquisitions and improvements, and of the incidental expenses in connectio~ therewith, contained in ,said ~s modifieidt, report/, be, and is hereby, finally adopted an,d approved as the ~ngmnee-~'~'s tota~ and detailed estimate of the costs and e~penses of said acquisitions and improvements. 5. That the maps and descriptions of the lands anU ease- ments to be acquired, as contained in said repo?t, be, anJ the same are ~e=. ,)y fina!lF' a~ggroved and confirmed. 6 That ~ . ~,.~e public interest and convenience require, and said Council does hereby order the acquisitions and improvement.~ to be made as described in, and in accordance with, sai~ Reso].~- ', tion of Intention on file in the office of the City Clerk of said , ..... ~".~.:,~ reference ..... to which is rlereby made for a mope oa'~'': ~.LCV_~,~a~ d~oc~"~tion of sa-~d acqui~'~' ~;,~.Ol'lS and .... ~o ~ -- and also eurther pa~.o~culars purse:ant to o~e proviso. OhS of said Nu~icipa! improvement Act of 2913, as amended. ~ That the d~ ........... " o~,e a .... sment dist~ ~?,-~d to and d~scr!bed in said Pcsolution of ~'"~ ' , u.,~,ent:Lon, aria also the bo:~udaries and dimenaions of the :"csne~tj,:,~ ~,,v~ivi~-, ~'~nd...~;~ within said district, ,.~$ the -o:,,,e~"~ ex~stad.,_ at the time of ~-~o' passa~:;e of sai~ Reso.Lution o.,_ Intent:ton, each of ~:hic;'~ c-.If " ~.~ o ~-.-, auquisit!oN~ .:.~:~ ..... ~ ~,,:u,::,~u,q. o.~o~ivi~'''oP~ ~and in ::;a"-' district ~:r' m- ~:~C CSt~''~+~ "~ ..... ~'~r:~cetlve~v._ ..... .~, ....... ~--nm ....~"rl acq::isit!ons, and -'.: ~'~*'~"~~. ..,, .... ,~ ..... ~'n'~,., o~ ~,ie name !..~ ne.~,.by,. .... : ..... ,. ~..~ .... ~(.~ ...~n~7 eonfirme~ ~-. ~,.h~ L~. t ri l ') I' 0 V~:-2 L ;e D i; S. as modified, ~. 'zild b [:i:i_.~ ri .... T?tn,..~:;7; N.~-:;.,~.. ~ ,.n ~I':_ ,., .. 3:j'",; L:O ~ ~llld ~i)i'IC :";f~.i"~(} !? }~o~'~: I0 That the Clerk sba!), forl;hw"' ..... u~e -- ...................... ~ ,::~c.c~,,nf:i:',raed ;"3 ,-a-~ , rl ' ' a:,c,<.cnc...~ a:~x; of tb.e date t, he~,~ .... r ..... O~ ~ odd U~}qt Sat(3 ;l.~o~:~,.;~,l;<?[i<.i,:2,i ..... . .... .~: ,?. al'~::,.~ .i_ .... q fO~"i;hWi.'::i'~ ~'ncoPd :~t~, ,q d -~a~rai'i'l a'~4,..~ t~sL;e~,.:.::::.:~e:: ,q wl F~ 5~, 2,.t., w )~,~[l(:- ~ } ~.C~'r~ ~, ~1 0 I- ~., o ~ ~',~'" -t' ! ~ i C ~ aC''~ C ~'' ]%~ (~ ~?:1 ~5 and 5::..~ch Po ,-",," ~.,ion ..: herein. I1 mb. at sai4 St .... ,~r.'- -_~ ...... .,.. .... int~z:nden~ of :.t?eets, upon the recoi,cl- :.n:.~ of saiO 0zag:.am an(} assessment, shall mai] to eat!, ovmer of ~.,~opei'.t~, within the :.~ssessment district at his last ad<]re~a ss the same appears on the tax ?ol]s of the. Cits. or on ~ file in the offic~ of tn(. u~ty Cle~.~ of ~aid City, or to ' ,~c~o~'es~es, ~e saao ac~dre,t~n is not the same, .......... or to the genera]. Ocli. very when no ar~r~.~ so ~ ............ : .... e:~"~ a stat~memt containing a deoi:natlon ~--~ ~' o~, street number or other description of the propert~ a~sessec~ sufficient to ~,~a~- ~ .... - ~ ~,1.. the owner to identify t~e same, the amount of the assessment, t}~e ti~e and nlace of payment ~-;- ti-,~ effect of failur~ to pay -~- ~ v~nin such time~ anti a staten~e~t of the fact that bonds wi]] be issued on the unoa-;d a~ses~memts m~rsuant to the Improvement Bond Act of 19i'5, ~Le ].,~t insta]].ment of w~ieb bonds ~bail mature fourteen (1~) years from the ~econc~ day of July next succeeding ten (10) months from their date.. !2 That said Sue, erintendent of ,:7tre~ts ~' ' ' . ....... nal] also ~ive notice by publishing a copy of a ~[otice to Pay Assessments by ten succe,,s!ve .~nsertions in the U~.,.aa ~ily Jour~]., a newspaper published in sai~] City t~v~t sai~ assessment baa been rec hi~ offic~, and that all sums ansessec~ thereon ~ ~' ~ ,:~re clue and payable~ .~.mmed ia tely, and ~at the payment o~ said ~- ~. - ~um~, is to be made t~:i~.t~' (30) days after the c~ate of record]lng said which da~ shall be stated in said notice~ an5 of the fact that bonds wi].] be -~nsuec~ upon un~aJ.d a~n~e .... i hereby certify that the foregoing resolution was passed and adopted by the C-~ty Council of t..ne '~-.~ ~,'~, -'- ' C.~ of ~.L~r~, Ca]ifor, nia~ at a regular meeting thereof held on the ilth day of by the fol]--~ ~, .... urging vote: -~,~ favor thereof, Councilmen: ,.,;., . / *:: ,'9' r" ,", W." '.~ ~"/77,~* ~ ~ / ... :~ !?OES, Councilmen: /;'"},., ,~ P PR OVED: ABSENT, Counc