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HomeMy WebLinkAbout65-094RESOLUTION NO. 65-94 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE CONSTRUCTION OF CERTAIN SANIT~tRY SEWER WORK IN THE CITY OF SANTA ANA, CALIFORNIA; DESCRIBING THE DISTRICT TO BE BENEFITED BY SAID WORK AND TO BE ASSESSED TO PAY THE COST AND EXPENSE THEREOF; DETERMINING THAT BONDS SHALL BE ISSUED TO REPRESENT ASSESSMENTS TO BE LEVIED; AND FIXING THE TIME AND PLACE FOR HEARING PROTESTS AND OBJECTIONS TO SAID WORK, OR THE EXTENT OF THE DISTRICT TO BE ASSESSED, OR BOTH, AND WHETHER PUBLIC CONVENIENCE AND NECESSITY REQUIRE SUCH IMPROVEMENTS, AND GIVING NOTICE ~HEREOF. (Assessment District No. 227, Figueroa-Fifth) WI{EREAS, this City Council proposes to take proceedings under the Improvement Act of 1911 (commencing at Section 5000, Streets and Highways Code), for the construction of certain sanitary sewer work; and WHEREAS, under Section 17 of Article XIII of the Constitution of the State of California, and Section 2804, Streets and Highways Code, this City Council proposes, after notice and hearing, to find and determine by no less than a four-fifths vote of all the members thereof, that the public convenience and necessity require such improvements and to order such improvements without application of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (commencing at Section 2800, Streets and Highways Code) and the debt limitation and majority protest provisions of said Act, NOW, THEREFORE, the City Council of the City of Santa Ana, California, DOES HEREBY RESOLVE, DETERMINE and ORDER as follows: Section 1. The public interest and convenience require and it is the intention of the City Council of said city to order the following work to be done or improvement to be made in the City of Santa Ana, to wit: The construction of certain sanitary sewers and appurtenances and appurtenant work in portions of: ~.IFTH STREET between Harbor Boulevard and the easterly line of that portion of Figueroa Street lying northerly of said Fifth Street; and between Jackson Street and the easterly line of Clinton Street; THE FIRST ALLEY NORTHERLY OF ~ND PARALLEL WITH FIFTH sTREET between Figueroa Street and the easterly line of Jackson Street; F IGUEROA STREET between Fifth Street and Hazard Avenue; and between the centerline of Fifth Street~ 84 feet wide, and a line approximately 80 feet southerly of and parallel with said centerline; BEWLEY STREET between Eleventh Street and the first alley northerly of and parallel with Fifth Street; GUNTHER STREET between Hazard Avenue and the first alley northerly of and parallel with Fifth Street; JACKSON STREET between Fifth Street and the northerly line of Hazard Avenue; HAZARD AVENUE between the westerly llne of Figueroa Street and a line approximately 160 feet easterly of and parallel with said westerly line; and between a line approximately 40 feet easterly of and parallel with the centerline of Gunther Street and a line approximately 170 feet westerly of and parallel with said centerline; HARPER STREET between the centerline of Fifth Street, 84 feet wide, and a line approximately 180 feet northerly of and parallel with said centerline; CLINTON STREET between Fifth Street and the northerly ii'ne of Willowick Drive; and WILLOWICK DRIVE between Clinton Street and a line easterly of and parallel with the Clinton Street. approximately 305 feet easterly line of said Section 2. All the aforesaid work and improve- ments shall be constructed in accordance with and at the grades shown on the plans (which include profiles and de- tailed drawings) for the said work, designated "Plan No. A.D. 227", consisting of eleven (11) sheets 'numbered 1 to 11, inclusive, and the specifications for said work, desig- nated "Specifications No. A.D. 227". Said plans and specifications, heretofore approved by ~he City Council, are on file in the office of the Director of Public Works in the City Hall in said city, and reference is hereby made to said plans and specifications for the full and detailed description of said proposed work and grades. The esti- mated cost of said work or improvement, inclusive of incidental expense of the proceedings, is the sum of $129,390.43. Section 3. This City Council hereby makes the expense of said work chargeable upon a district, which district this City Council hereby declares to be the district benefited by the said work and to be assessed to pay the cost and expense thereof. Said district is described by a map designated ~ap of Assessment District NO. 227", consisting of three sheets, numbered 1 to 3, inclusive, which indicates by a bou'ndary line the extent of the territory included in the proposed district and which shall govern for all details as to the extent of the assessment district. Said map was heretofore approved by this City Council, is on file i'n the office of the Clerk of the Council and reference is hereby made to said map for a description of said district. Section 4. Serial bonds bearing interest at the rate of six per cent (6%) per annum shall be issued to represent each assessment of fifty dollars ($50) or over remaining unpaid for thirty (30) days after the date of recordation of the warrant. Said serial bonds shall extend over a period ending 9 years from the second day of JanuarY next succeeding the next September 1st followi'ng their date. Said bonds are to be issued pursuant to and as provided i'n the Improvement Act of 1911. Section 5. Notice is hereby given that July 6, 1965 at the hour of 7:30 P.M. in the Council Chambers of said City Council at the City Hall~ 217 North Main Street, in said city are the day, hour and place fixed for the hearing of protests and objections by the City Council. Any and all persons having any protest or objection to said proposed work, the extent of said assessment district, or the proposed grades, may appear before the City Council at said heari'ng, and show cause why said proposed work should not be carried out in accordance with this resolution of intention. Protests or objections must be in writing and must be delivered to the Clerk of the Council of said city, not later than the day and hour set for said hearing. Section 6. Notice is further given that at the previously mentioned day, hour and place, and con- currently with the aforementioned hearing, the City Council will also hold a public hearing on the question of whether public convenience and necessity require such improvements, and whether the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 and the debt limitation and majority protest provisio~ns thereof shall apply. Notice of the public hearing provided for by this section shall be published, posted and mailed by the same maans, at the same time and in the same manner hereinafter pro- vided for the publication of this resolution, and the posting and mailing of notice of adoption or passage thereof. Section 7. .Said Clerk of the Council is hereby directed to mail notices of the adoption of this resolution and the Director of Public Works of said city is hereby directed to post notices of the passage of this resolution~ both such notices to be given at the time and i'n the form and manner provided by law. Section 8. THE REGISTER, a newspaper of general circulation, published and circulated in the City of Santa Ana, is hereby selected as the newspaper in which this resolution shall be published and, except when otherwise ordered by this City Council, in which all other publications in the proceedings pursuant to this resolution of intention shall be made, The Clerk of the Council is hereby directed to certify to the adoption of this resolution and to cause said resolution to be published in the manner provided by law. Section 9. Said proposed work and improve- ment and proceedings therefor are to be done under and pursuant to said Improvement Act of 1911. June, ADOPTED~ SIGNED AND APPROVED this 7th day of 1965. ~ia~or of ~e City of ~ Santa Ana~ California. ATTEST: the City of Santa Ana, California. APPROVED AS TO FORM: C'ity~Attorney of the City of .Santa Ana, California. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF SANTA ANA ) I, DORIS M. BROWN, do hereby certify that I am the Clerk of the Council of the City of Santa Ana; that the foregoing resolution was regularly introduced to said Council at its regular meeting held on the 7th day of Jun~, 1965 and was at said meetzng regularly passed and adopted by the following vote, to wit: AYES, NOES, COUNCILMEN: GiLmore~ Brooks~ Burk, Herrin~ Markel~ McMichael~ Harvey COUNCILMEN: None ABSENT, COUNCILMEN: None CLERK OF THE COUNCIL (SEAL)