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HomeMy WebLinkAbout63-211RESOLUTION NO.63.211 OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, MAKING FINDINGS, AND OVERRULING PROTESTS AND OBJECTIONS; ORDERING CERTAIN CORRECTIONS IN THE RESOLUTION OF INTENTION; ORDERING THE CONSTRUCTION OF CERTAIN WORK AND THE GIVING OF NOTICE INVITING BIDS THEREFOR. (Assessment District No. 221, Watkins Way) WHEREAS, this City Council duly adopted its resolution of intention, Resolution No. 63-171, declaring its intention to order the construction of certain sanitary sewer and street work under the Improvement Act of 1911, and fixing a time and place for the hearing of protests and objections by this City Council, and for a public hearing by this City Council 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 provisions thereof shall apply; and WHEREAS, said resolution of int~mtion was duly published and posted, and notice of passage thereof mailed, as provided by said Act, and said hearings were duly held at the time and place so fixed and all con- tinuances thereof, if any, were duly made and ordered; and WHEREAS, at said hearings all persons desiring to be heard were fully heard, and all oral and written protests and objections, if any, were fully heard, and this City Council gave all persons present an opportunity to hear and to be heard in respect to any matter relating to the work proposed, the boundaries of the proposed assessment district, the serial bonds to be issued to represent unpaid assessments, the question of whether public convenience and necessity require such improvements, whether the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 and the debt limitation and majority protest provisions thereof shall apply, or in any way relating to the proceedings proposed by said resolution of intention; and WHEREAS, this City Council has been advised of an error in the resolution of intention, Resolutzon No. 63-171, with respect to the bonds to be issued to represent unpaid assessments and desires to correct the same pursuant to Chapter 8.5 (commencing at Section 5230), Part 3, Division 7 of the Streets and Highways Code; and WHEREAS, this City Council has received evidence relating to the proposed work, the boundaries of the proposed assessment district, and the benefits to the property to be included in the proposed assessment district, and is fully informed in the premises; NOW, THEREFORE, the City Council of the City of Santa Aha, California, does HEREBY RESOLVE, FIND, DETERMINE AND ORDER as follows: Section 1. Written protest or objection has not been made by the owners of more than one-half of the area of the property to be assessed for the proposed improvements. Section 2. Each and all oral and written protests and objections, if any, made or filed in the matter, be and the same are hereby overruled and denied. Section 3. The first sentence of Section 4 of the resolution of intention, Resolution No. 63-171, is hereby ordered to be corrected to read as follows: "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 specified in statements mailed to property owners, which date shall be not less than thirty (30) days from the date of mailing." Section 4. Except as otherwise provided in Section 3 hereof, no changes shall be made in the work proposed to be done, in the boundaries of the proposed assessment district, or in the serial bonds to be issued to represent unpaid assessments, and the boundaries of the assessment district, the work proposed to be done and the serial bonds to be issued are hereby fixed and established as described in said resolution of intention, and reference is hereby made to said resolution of intention for a full and complete description of said work, the assessment district, the serial bonds and for further particulars. Section 5. The public convenience and neces- sity require said improvements. Section 6. Such improvements shall be ordered without application of the Special Assessment Invesitgation, Limitation and Majority Protest Act of 1931, and the debt limitation and majority protest provisions thereof. Section 7. The City Council has acquired jurisdiction to order the work or improvement described in said resolutzon of intention and does hereby order the following work to be done or improvements to be made, to wit: all that certain work or improvement described in said resolution of intention. Reference is hereby made to said resolution of intention and to plans (which include profiles and detailed drawings) for said work which are designated "pLAN NO. AD -221", consisting of twelve (12) sheets, numbered 1 to 12, inclusive, and to specifications for said work which are designated "SPECIFICATIONS NO. A.D. NO. 221". Said plans and specificatzons are on file in the office or-the Clerk of the Council and reference is hereby made thereto for the full and detailed description of said work and for the grades at which said work shall be done. Section 8. The Clerk of the Council is hereby directed, in the time, form and manner provided by law, to publish and post notices inviting sealed bids for the doing of the work hereinbefore ordered. The bids shall be sealed and filed with the Purchasing Agent of said city and may be delivered to said Purchasing Agent at his office in the City Hall, 217 North Main Street in said city up to, but not later than,.lO:00.A.M. ?n January 14, 1964. Ail sealed bids so fzled with sazd Purchasing Agent shall, in open session, be opened, examined and declared at a public meeting called by said Purchasing Agent at the aforesaid time and place. Said Purchasing Agent shall report the results of said bidding to the City Council at its next regular meeting after said opening of bids. ADOPTED, SIGNED AND APPROVED this 16th day of ./Vj~fe~j~or of th~e~.g~y o.f C/ //~Zanta Aha, Catzfornma. ~TEST: Clerk of the Council 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 16th day of December, 1963, and was at said meeting regularly passed and adopted by the following vote, to-wit: AYES, NOES, ABSENT, COUNCILMEN: Harvey, Gilmore, Schlueter, Hubbalxl COUNCILMEN: None COUNCILMEN: Hall Clerk of the Counczl of the City of Santa Ana, California.