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HomeMy WebLinkAbout75-069RESOLUTION NO. 75~69 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE CONSTRUCTION OF CERTAIN STREET IMPROVEMENTS TOGETHER WITH APPURTENANCES AND APPURTENANT WORK IN CONNECTION THEREWITH IN SAID CITY; DESCRIBING THE DISTRICT TO BE BENEFITED BY SAID IMPROVEMENT AND TO BE ASSESSED TO PAY THE COST; AND FURTHER PROVIDING FOR THE ISSUANCE OF BONDS ASSESSMENT DISTRICT NO. 239 THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS: DESCRIPTION OF IMPROVEMENT SECTION 1. In its opinion, the public interest, convenience and necessity require, and it is the intention of said City Council to order the following work and improvements, to wit: The construction and installation of a water line together with appurtenances including house laterals to improve parcels, and fire hydrants in the follow- ing public streets: STANFORD STREET, EDINGER AVENUE, POMONA STREET, CALIFORNIA STREET, OCCIDENTAL STREET, between GREENVILLE STREET and KING STREET and its northerly prolongation and in GREENVILLE STREET be- tween EDINGER AVENUE and a point approximately 125 feet southerly of OCCIDENTAL STREET. For further particulars as to a description of the proposed works of improvement reference is hereby made to the previously approved pro- posed boundary map on file in the office of the City Clerk of said City. Said streets and highways are more particularly shown in the records in the Office of the County Recorder of Orange County, California, and shall be shown upon the plans herein referred to and to be filed with the Clerk of said City. Ail of said work and improvements are to be constructed at the places and in the particular locations, of the forms, sizes, dimensions and materials, and at the lines, grades and elevations as shown and delineated upon the plans, profiles and specifications to be made therefor, as hereinafter provided. The descriptions of the improvements and the termini of the work contained in this Resolution are general in nature. All items of work do not necessarily extend for the full length of the description thereof. The plans and profiles of the work as contained in the En- gineer's Report, shall be controlling as to the correct and detailed description thereof. Whenever any public way is herein referred to as running between two public ways, or from or to any public way, the intersections of the public ways referred to are included to the extent that work shall be shown on the plans to be done therein. RESOLUTION NO. PAGE TWO 75-69 Notice is hereby given of the fact that in many cases said work and improvement will bring the finished work to a grade different from that formerly existing, and that to said extent said grades are hereby changed and that said work will be done to said changed grades. DESCRIPTION OF ASSESSMENT DISTRICT SECTION 2. That the said work and improvement is of more than local or ordinary public benefit and the City Council of the City of Santa Ana hereby makes the expenses of said work and improvement chargeable upon a district, which said assessment district said City Council hereby declares to be the district benefited and to be assessed to pay the costs and expenses thereof, including incidental expenses and costs, and which is described as follows: Ail that certain territory situated in the City of Santa Ana, County of Orange, State of California, included within the exterior boundary lines shown on the plat exhibiting the property affected or benefited by or to be assessed to pay the costs and expenses of said acquisition, work and improvement in said ASSESSMENT DISTRICT NO. 239 in said City, which said Plat is titled and identified as "Proposed Boundaries of ASSESSMENT DISTRICT NO. 239," City of Santa Ana, County of Orange, State of California, and which said map was heretofore approved by the City Council of said City, which said Map or Diagram is on file in the Office of the City Clerk, EXCEPTING from the area shown within and delineated upon said Map or Plat hereinabove referred to, the area of all public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, and all easements and rights of way therein contained belonging to the public. For all particulars as to the boundaries of the assessment district, reference is hereby made to said Map entitled "Proposed Boundaries of ASSESSMENT DISTRICT NO. 239 REPORT OF ENGINEER SECTION 3. That this proposed improvement is hereby referred to the designated Superintendent of Streets, Ronald E. Wolford, and said Superintendent of Streets is hereby directed to make and file with the City Clerk a "Report" in writing containing the following: A. Plans and specifications of the proposed improvements. Be An estimate of the cost of the proposed improvement, including the cost of the incidental expenses in connection therewith. Ce A Diagram showing the Assessment District above referred to, which shall also show the boundaries and dimensions of the respective subdivisions of land within said City, as the same existed at the time of the passage of the Resolution of Intention, each of which subdivisions shall be given a separate number upon said Diagram. De A proposed assessment of the total amount of the cost and expenses of the proposed improvement upon the several divisions of land in said City in proportion to the estimated benefits to be received by such subdivisions, respectively from said improvement. Said assessment shall refer to such subdivisions upon said Diagram by the respective numbers thereof. RESOLUTION NO. 75-69 PAGE THREE Maps and descriptions of lands, easements and rights of way to be acquired. When any portion or percentage of the cost and expenses of the improve- ments is to be paid from sources other than assessments, the amount of such portion or percentage shall first be deducted from the total esti- mated cost and expenses of said improvements, and said assessment shall include only the remainder of the estimated costs and expenses. Said assessment shall refer to said subdivisions by their respective numbers as assigned pursuant to subdivision D. of this Section. BONDS SECTION 4. That it is hereby determined and declared that serial bonds shall be issued in accordance with Division 7 of the Streets and Highways Code of the State of California, "Improvement Act of 1911," to represent each assessment of Fifty Dollars ($50.00) or more, remaining unpaid for thirty (30) days after the date of the recording of the Diagram and Assessment for this improvement. The serial bonds shall extend over a period of nine (9) years from the second day of January next succeeding the September 1st following their date. The principal sum shall become due and payable in equal annual payments on each October 15th succeeding the September 1st following the date of the bonds until fully paid. The first interest payment shall be payable on the April 15th next succeeding the March 1st or the October 15th next succeeding the September 1st, as the case may be, next following the date of the bonds. The following interest payments shall each be for six (6) months interest and shall be payable on each fifteenth day of April and October, the last interest payment coming due the October 15th immediately pre- ceding the last annual payment of the principal of the bonds issued to represent the unpaid assessment. The bonds shall bear interest at a rate to be determined on the sale thereof provided however that said rate shall not exceed the maximum rate of eight percent (8%) per annum. Pursuant to the provisions of the Streets and Highways Code, the City Treasurer is hereby designated as the officer of said City to collect and receive the assessments and installments on said bonds. "MUNICIPAL IMPROVEMENT ACT OF 1913" SECTION 5. Except as herein otherwise provided for the is- suance of bonds, all of said improvement shall be made and ordered pursuant to the provisions of the "Municipal Improvement Act of 1913," being Division 12 of the Streets and Highways Code. Bonds are to be issued pursuant to the provisions of the "Improvement Act of 1911," being Division 7 of said Code. SURPLUS FUNDS SECTION 6. If any excess shall be realized from the assess- ment, it shall be used, in such amounts as the City Council may determine, in accordance with the provisions of law for one or more of the following purposes: Transfer to the general fund of the City, provided that the amount of any such transfer shall not exceed the lesser of One Thousand Dollars ($1,000.00) or five percent (5%) of the total amount expended from the improvement fund; RESOLUTION NO. 75-69 PAGE FOUR AS a credit upon the assessment and any supplemental assessment; or C. For the maintenance of the improvements. SPECIAL FUND SECTION 7. The legislative body hereby establishes a special fund designated, "ASSESSMENT DISTRICT NO. 239 ADVANCE ACCOUNT," into which the City Council may at any time transfer funds to expedite the making of the improvement herein authorized and said funds are a loan and shall be repaid out of the proceeds of the sale of assessment bonds as authorized by law. PRIVATE CONTRACT SECTION 8. Notice is hereby given that, in the opinion of the City Council, the public interest will not be served by allowing the property owners to take the contract for the construction of the improvements and that, pursuant to Section 10502.4 of the Streets and Highways Code, no notice of award of contract need be published. PUBLIC CONVENIENCE AND NECESSITY SECTION 9. The Council proposes to find and determine at the hearing provided for herein as authorized pursuant to Section 17 of Article XIII of the California Constitution that the public con- venience and necessity require such work, and improvement. At said hearing the Council will hear objections to the making of such finding and determination. After such public hearing, if the Council, by no less than a four-fifths vote of all members thereof, finds and determines that the public convenience and necessity require such improvement, it may order such improvement without further proceedings in this respect to debt limitation or majority protest and specifically the proceedings and limitations of the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931." BOND REDEMPTION SECTION 10. Legislative body hereby further elects to provide that said bonds upon redemption, shall provide a premium of five percent (5%) on the unmatured principal and said language shall be added to the redemption clause in the bond form to require the property owner to pay said redemption fund in order to pay and discharge such lien. APPROVED and ADOPTED this 2nd day of June ATTEST: THE COUnCil. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF SANTA ANA ) SS. I, FLORENCE I. MALONE, do hereby certify that I em the Clerk of the Council of the City of Santa Ana; that the foregoing Resolution RESOLUTION NO. 75-69 PAGE FIVE was introduced to said Council the 2nd day of June adopted by the following vote, AYES: NOES: ~SENT: COUNCILMEN: COUNCILMEN: at its regular meeting held on , and was at said meeting passed and to wit: Ward, Bricken, 0rtiz, Yamamoto, Garthe, Evans, Brandt None COUNCILMEN: None CLERK OF THE COUNCIL APPROVED AS TO FORM: CITY ATT~ APPROVED AS TO CONTENT AND FORM: F. C~ACKENZ IE B~OWN Counsel for ~sessment District No. 239