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HomeMy WebLinkAbout63-049RESOLUTION NO. 63-~9 OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE CONSTRUCTION OF CERTAIN SANITARY 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 Th-~gEOF; DET~tMINING THAT BONDS SHALL BE ISSUED TO REPRES~IT ASSESSMENTS TO BE LEVIED; AND FIXING THE TIME AND PLACE FOR HEARING PROTESTS AND OBJECTIONS TO SAID WORK, OR THE F.T~EBT OF THE DISTRICT TO BE ASSESSED, OR BOTH, AND WHETHER PUBLIC CONV~IENCE AND NECESSITY R~UIRE SUCH IMPROVE~ENTS, AND GIVING NOTICE THEREOF. (Assessment District No. 213, Bolsa-Andres) WHEREAS, this City Council proposes to take proceedings under the Improvement Act of 1911 (conm~encing 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 Aha, 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: BOLSA AVENUE between lines approxfmately 320 feet easterly and westerly of and parallel with the centerline of Andres Place; ANDRES PLACE between Bolsa Avenue and the southerly line of Tract No. 1550, Book 54, Page 15, Miscellaneous Map Records, recorded in the office of the Recorder, County of Orange; ROY CIBCLE between Andres Place and the easterly terminus of Roy Circle; EL DON PLACE between Andres Place and the easterly terminus of E1 Don Place; -1- FLOYD CIRCLE between Andres Place and the westerly terminus of Floyd Circle in Tract No. 1287, Book 40, Page 15, Miscellaneous Map Records, recorded in the office of the Recorder, County of Orange; MRND~RSON PLACE between Andres Place and the westerly terminus of Henderson Place; LUCKY WAY between Andres Place and the westerly terminus of Lucky Way; and MELRIC DRIVE between Andres Place and the westerly terminus of Melric Drive. Section 2. All the aforesaid work and improvements shall be constructed in accordance with and at the grades shown on the plans (which include profiles and detailed drawings) for the said work, designated "Plans No. A.D. 213", consisting of six sheets numbered i to 6, inclusive, and the specifications for said work, designated "Specifications No. A.D. 213". Said plans and specifications, heretofore approved by the City Council, are on file in the office of the Clerk of the Council 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 estimated cost of said work or improvement, inclusive of incidental expense of the proceedings is the sum of $84,574.00. Section 3. Inthe opinion of the City Council the said contemplated work is of more than local or ordinary public benefit and of such a nature that the costs and expenses thereof should be assessed in proportion to estimated benefits arising therefrom, and 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 "Map of Assessment District of Santa Ana Assessment District No. 213", consisting of one sheet, which indicates by a boundary 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 filein 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 follo~rlng their date. Said bonds are to be issued pt~rsuant to and as provided in the Improvement Act of 1911. Section 5. Notice is hereby given that May 6, 1963 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 hearing, 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. -2- Section 6. Notice is further given that at the previously mentioned day, hour and place~ and concurrently with the aforementioned hearing~ the City Council will also hold a public hearing on the question of whether public convenience and necessity require such imDrovements~ and whether the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 and the debt limitation and majority protest provisions thereof shall apply. Notice of the public hearing provided for by this section shall be published~ posted and mailed by the same means, at the same time and in the same manner hereinafter provided 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 in the time, form and manner provided by law. Section 8. THE REGISTER, a newspaper of general circulation, published and circulated in the City of Santa Ama, 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 i~tention 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 improvement and proceedings therefor are to be done under and pursuant to said Improvement Act of 1911. ADOPTED, SIGNED AND APPROVED this 1st day of April, 1~63. ATTEST: Cr.~RK OF THE COUNCIL STATE OF CALIFORNIA) COUNTY OF ORANGE ) CITY OF SANTA ANA ) SS I, DORIS M. BROWN, do hereby certify that, I am the Clerk of the Council of the City of Santa Aha; that the foregoing RSsolution was regularly introduced to said Council at its regular meeting held on the 1st day of April, 1963, and was at said meeting regularly passed and adopted by the following vote, to-wit: AYES, COUNCILMEN: Hubbard, Schlueter, Gilmore, Brewer, Hall NOES~ COUNCILMEN: None ABSENT, COUNCILMEN: None CLERK OF THE COUNCIL