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CC RESOLUTION 3373L4 7 11 RESOLUTION NO. 3373 •� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, CONFIRMING THE ASSESSMENT, ORDERING THE IMPROVEMENTS MADE, TOGETHER WITH APPURTENANCES, AND APPROVING THE ENGINEER'S REPORT WHEREAS, the CITY COUNCIL of the CITY OF EL SEGUNDO, CALIFORNIA (the "City "), did, on the 21st day of January 1986, adopt its Resolution of Intention No. 3356, for the construc- tion 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. 73 (SEWER IMPROVEMENTS) (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; and WHEREAS, the Engineer's Report, as preliminarily approved, contained all the matters and items called for by law pursuant to the provisions of the "Municipal Improvement Act of 191311, being Division 12 of the California Streets and Highways Code, including the following: 1. 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; 6. Right -of -Way Certificate; and • WHEREAS, all protests have been heard and considered, 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 with the transcript of these proceedings; and RESO.# 3373 WHEREAS, the owners of one -half (1/2) of the area assessed . for the cost of the project did not file written protests against the proposed improvements and acquisition, where appropriate, and this City Council did, after providing a full hearing and, to the extent such were received, overrule and deny all protests and objections; and WHEREAS, this City Council is now satisfied with the • assessment and all matters contained in the Report as now submitted; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. The above recitals are all true and correct. SECTION 2. 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. SECTION 3. The public interest and convenience require the proposed improvements to be made, and therefore it is hereby ordered that the work be done and the improvements made, together with appurtenances and appurtenant work in connection therewith, including acquisition where appropriate, in the Assessment District, as set forth in the Resolution of Intention previously adopted and as set forth in the Report 0 presented and considered. L SECTION 4. 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. SECTION 5. The Engineer of Work shall forthwith deliver to the Superintendent of Streets said assessment, together with the diagram attached thereto and made a part thereof, as confirmed, with his certificate of such confirmation attached and the date thereof; and that the Superintendent of Streets shall then immediately record said diagram and 2. RESO. #3373 14 14'7.13 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. SECTION 6. The Superintendent of Streets, upon the recording of the diagram and assessment, shall mail to each owner of real property within the Assessment District at his last known address, as the same appears on the tax rolls of the • County or on file in the office of the City Clerk, 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 ". SECTION 7. The Superintendent of Streets shall also give notice by publishing a copy of a notice of recording of assessment in the El Segundo Herald, the newspaper previously selected 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 sum is to be made within thirty (30) days after the date of recording the assessment, which date shall be so stated in said notice, unless such period has been waived by 100% of the property owners, and of the fact that securities will be issued upon unpaid assessments. • SECTION 8. That 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 California Streets and Highways Code. 3• RESO. 4 3373 SECTION 9. The Treasurer is hereby authorized and directed to establish a special fund or account to be known as the IMPROVEMENT FUND, and designated by the name of the Assessment District, into which 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 10. The Treasurer is hereby further authorized to • establish a SPECIAL RESERVE FUND, and designated by the name of the Assessment District, into which the designated amount shall be transferred upon the sale and delivery of Bonds and held in trust for the bondholders and loaned to the REDEMPTION FUND in the event of a deficiency or used for the final discharge of assessments by property owners within the boundaries of the Assessment District. SECTION 4. The City Clerk shall certify to the passage and adoption of this resolution; shall enter the same in the book of original resolutions of said city; and shall make a minute of the passage and adoption thereof in the record of the proceedings of the City Council of said city, in the minutes of the meeting at which the same is passed and adopted. PASSED, APPROVED and ADOPTED this lst day of APRIL 1986. • At h Mayor of the City of 1 S undo, California A TES r City Clerk (SEAL) 400 4. RESO. #3373 14714 • 0 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Ronald L. Hart , City Clerk of the City of E1 Segundo, California, DO HEREBY CERTIFY that the whole number of members of the City Council of the said City is five; that the foregoing resolution, being Resolution No. 3373 was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the 1st day of April , 19 86 and that the same was so passed and adopted by the following vote: this AYES: Councilmembers Jacobson, Schuldt, Siadek Synadinos Mayor Armstrong NOES: Councilmembers None ABSENT: Councilmembers None WITNESS MY HAND AND THE OFFICIAL SEAL OF SAID CITY 0 40 (SEAL) 25th day of April , 19 86 . City Clerk of the City of E1 Segundo, California 14