HomeMy WebLinkAbout76-054RESOLUTION NO. 76-54
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA DECLARING ITS INTENTION TO ORDER THE
CONSTRUCTION OF CERTAIN PUBLIC IMPROVEMENTS, TO-
GETHER WITH APPURTENANCES AND APPURTENANT WORK
IN CONNECTION THEREWITH, IN AN ASSESSMENT DISTRICT;
DECLARING THE WORK OR IMPROVEMENT TO BE OF MORE
THAN ORDINARY OR LOCAL PUBLIC BENEFIT, DESCRIBING
THE DISTRICT TO BE ASSESSED TO PAY THE COSTS AND
EXPENSES THEREOF DETERMINING THAT BONDS SHALL BE
ISSUED TO REPRESENT SAID COSTS AND EXPENSES; FIX-
ING A TIME AND PLACE OF HEARING OBJECTIONS TO SAID
WORK AND IMPROVEMENT OR TO THE EXTENT OF THE DISTRICT,
OR TO THE PROPOSED GRADES, AND GIVING NOTICE THEREOF
ASSESSMENT DISTRICT NO. 240
(SILVER ACRES)
The CITY COUNCIL of the City of Santa Ana, California,
pursuant to the provisions of the "Improvement Act of 1911",
being Division 7 of the Streets and Highways Code of the State
of California, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the public interest
require, and it is the intention of this City
the following work and improvement to be done,
and convenience
Council to order
to wit:
DESCRIPTION OF IMPROVEMENT
The construction of certain public works of improvements, includ-
ing clearing and grubbing, grading, curbs and gutters, sidewalks
driveway approaches, and certain street work improvements, to-
gether with appurtenances and all appurtenant work, including
intersection work in
ROOSEVELT STREET
Street and Euclid Street and
between Taft
in SILVER DRIVE
between Euclid Street and its most westerly
terminus and in
FIFTH STREET
between Euclid Street and its most westerly
terminus and in
FOURTH STREET
between Euclid Street and a point approxi-
mately 165 feet east of Cooper Street and in
THIRD STREET
between Euclid Street and its most westerly
terminus and in
SECOND STREET
between Euclid Street and Maxine Street and
in
MAXINE STREET
between First Street and Fifth Street and in
COOPER STREET
between Silver Drive and a point approxi-
mately 484 feet south of Silver Drive
The construction of a drainage improvement in
PUBLIC EASEMENT
being a westerly prolongation of Fifth Street
connecting to Cooper Street
RE~OLUTION NO. 76-54
PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS
SECTION 2. Ail of the said work and improvements to
be done shall be constructed upon the grades, along the lines,
between the points of the dimensions, at the places and in the
manner shown on the plans, profiles and drawings for said im-
provement, known as
ASSESSMENT DISTRICT NO. 240
(hereinafter referred to as the "Assessment District") on file
in the Office of the City Engineer of said City, and except
as otherwise provided on said plans, in further accordance with
the specifications for the construction of said improvements,
said specifications being on file in the Office of the City Clerk
of said City, and to which plans, profiles, drawings and speci-
fications heretofore approved by the City Council of said City,
reference is hereby made for a further, full and more particular
description of the said work, and they shall govern as to all
details.
DESCRIPTION OF ASSESSMENT DISTRICT
SECTION 3. That the said contemplated work and improve-
ment in the opinion of said City Council, is of more than local
or ordinary public benefit, and of such a nature that the costs
and expenses may be assessed in proportion to the estimated bene-
fits arising therefrom, and the said City Council hereby makes
the expenses of said work and improvement chargeable upon a
district, which said district the said City Council hereby de-
clares to be the district benefited by said work and improvement
to be assessed to pay the costs and expenses thereof, and which
district is described as follows:
Ail that certain territory, exclusive of streets and
alleys, included within the exterior boundary line
shown upon the proposed boundary map of said Assessment
District heretofore approved by the City Council indicat-
ing by said boundary line and extent of the territory in-
cluded within the proposed Assessment District, and which
map or plat is on file in the Office of the City Clerk
with copies thereof on file in the Office of the City
Engineer of said City. Reference is hereby made to said
map or plat for a further, full and more particular
description of the said Assessment District, and the
said map or plat so on file shall govern for all details
as to the extent of said Assessment District.
DESCRIPTION OF BONDS
SECTION 4. That Serial Bonds, bearing interest at the
rate of Seven Percent (7%) per annum, shall be issued to represent
each assessment of Fifty Dollars ($50.00) or more, remaining un-
paid for thirty (30) days after the date of mailing of Notices
pursuant to Section 5390 of the Streets and Highways Code. Said
Serial Bonds shall extend over a period ending Nine (9) years
from the second day of January next succeeding the next September~
First following their date. Payments on the principal of unpaid
assessments and interest thereon shall be made by property owners
to the City Treasurer, and the same shall be disbursed by said
City Treasurer, all as provided in the "Improvement Act of 1911",
hereinafter referred to.
GRADES
SECTION 5. NOTICE IS HEREBY GIVEN that the grade to
which the work shall be done is that as shown on the plans and
profiles therefor, above referred to, which grades may vary from
existing grades. The work herein contemplated shall be done to
RESOLUTION NO. 76-54
the grades as indicated on the aforementioned plans and specifi-
cations, together with profiles. Reference is hereby made to
the aforesaid plans, profiles and specifications for a descrip-
tion of the grades at which the work is to be done.
TIME AND PLACE OF HEARING
SECTION 6. NOTICE IS HEREBY GIVEN THAT ON THE 21st
DAY OF JUNE, 1976, AT THE HOUR OF 7:30 O'CLOCK P.M. IN THE
COUNCIL CHAMBERS LOCATED IN THE CITY HALL. ANY AND ALL PERSONS
HAVING OBJECTIONS TO THE PROPOSED WORK OR IMPROVEMENT, OR TO THE
EXTENT OF THE ASSESSMENT DISTRICT OR TO THE PROPOSED GRADES MAY
APPEAR AND SHOW CAUSE WHY SAID WORK SHOULD NOT BE DONE OR CARRIED
OUT IN ACCORDANCE WITH THIS RESOLUTION OF INTENTION. PROTESTS
MUST BE IN WRITING AND MUST BE DELIVERED TO THE CITY CLERK PRIOR
TO THE TIME SET FOR HEARING.
PRIVATE CONTRACT
SECTION 7. That it is the opinion of the Council that
the public interest will not be served by allowing the property
owners to take the contract for the work to be done under these
proceedings.
IMPROVEMENT ACT
SECTION 8. That all of the work herein proposed shall
be done and carried through in pursuance of an Act of the Legisla-
ture of the State of California, designated the "Improvement Act
of 1911", being Division 7 of the Streets and Highways Code of
the State of California.
NOTICE
SECTION 9. The Superintendent of Streets of the City
of Santa Ana shall cause to be conspicuously posted along the
lines of said contemplated work or improvement and along all
open streets within the district liable to be assessed for
said work, Notices of the passage of this Resolution of Intention
in the time, form and manner provided by said Code.
SECTION 10. The City Clerk shall certify to the passage
of this Resolution and shall cause the same to be published twice
by two (2) separate, consecutive insertions in the Register, a
newspaper of general circulation in said City. The first publi-
cation shall be made not less than ten (10) days prior to the
date of the public hearing stated herein.
SECTION 11. The City Clerk is directed to mail Notices
of the adoption of this Resolution of Intention to all persons
owning real property proposed to be assessed, whose names and
addresses appear on the last equalized assessment roll for City
taxes, all in the manner and form provided for under Sections
5070, 5194 and 5195 of the "Improvement Act of 1911", of the
Streets and Highways Code of the State of California.
SECTION 12. The City Clerk shall also immediately file
in the Office of the County Recorder a certified copy of the pro-
posed boundary map for said Assessment District in accordance
with the provisions of Division 4.5 of the Streets and Highways
Code of the State of California, said filing to be within Fifteen
(15) days of the adoption of this Resolution of Intention.
SECTION 13. The total estimated assessable cost of this
improvement and these proceedings is $ 192~700.00 For particu-
lars, reference is hereby made to the Cost Estimate as approved
by this City Council and on file in the Office of the City Engineer.
RESOLUTION NO. 76-54
PUBLIC CONVENIENCE AND NECESSITY
SECTION 13. 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 convenience and necessity require such work, and im-
provement. 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 (4/5ths)
vote of all members thereof, finds and determines that the pub-
lic 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 pro-
ceedings and limitations of the "Special Assessment Investigation,
Limitation and Majority Protest Act of 1931".
BOND REDEMPTION
SECTION 14. 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 re-
quire the property owner to pay said redemption fund in order to
pay and discharge such lien.
WORK ON PRIVATE PROPERTY
SECTION 15. It is hereby further determined to be in
the best public interest and convenience and more economical to
do certain work on private property to eliminate any disparity
in level or size between the improvement and the private property.
The actual cost of such work is to be added to the assessment on
the lot on which the work is done and no work of this nature is
to be performed until the written consent of the property owner
is first obtained.
PROCEEDINGS INQUIRIES
SECTION 16. For any and all information relating to
these proceedings, including information relating to protest
procedure and/or information of a procedural or technical nature,
your attention is directed to the below listed person at the
local agency or department indicated:
City of Santa Ana
20 Civic Center Drive
Santa Ana, California
Attention: John Stevens
Director of Public Works
Telephone: (714) 834-4931
ACQUISITION
SECTION 17. It is hereby further declared and determined
to be in the best public interest and convenience and this City
Council hereby declares its intention to order the acquisition of
all necessary easements and rights-of-way necessary to accomplish
these proceedings and to order the works of improvements as covered
in this Resolution of Intention for this Assessment District.
APPROVED and ADOPTED this
ATTEST:
CITY CLERK
CITY OF SANTA ANA
STATE OF CALIFORNIA
17th day of May ~ 1976
STATE OF CALIFORNIA
RESOLUTION NO. 76-54
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SANTA ANA )
I, FLORENCE I. MALONE, CITY CLERK and CLERK OF THE
COUNCIL of the City of Santa Ana, California, DO HEREBY CERTIFY
that the foregoing Resolution, being Resolution No. 76-54
was duly passed and approved and adopted by said City Council,
approved and signed by the Mayor, and attested by the City Clerk
and Clerk of the Council, all at a__ reKular meeting of
said Council held on the l?th day of May ,
and that the same was passed and adopted by the following vote,
to wit:
AYES:
NOES:
ABSENT:
COUNCILMEN:
COUNCILMEN:
COUNCILMEN:
Yamamoto, Ward, Bricken,
Garthe, Brandt
None
Evans
Ortiz,
DATED this 17th day of Mayx %976
CITY CLERK AND CLER/K OF THE COUNCIL
OF THE CITY OF SANTA ANA, CALIFORNIA
APPROVED AS TO FORM:
KEITH L. GOW
CITY ATTORNEY
[SEAL]