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HomeMy WebLinkAbout78-016RESOLUTION NO. 78-16 RESOLUTION OF THE CITY COUNCIL DECLARING ITS INTENTION TO ORDER THE CONSTRUCTION OF CERTAIN PUBLIC IMPROI~MENTS, TOGETHER WITH APPURTE- NANCES AND APPURTENANT WORK IN CO~]NECTION THERE- WITH, IN AN ASSESSMENT DISTRICT; DECLARING THE WORK OR I}~ROVE[~ENTS 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; FIXING A TI}~ AND PLACE OF HEARING OBJECTIONS TO SAID WORK AND IMPROVEMENTS OR TO THE EXTENT OF THE DISTRICT, OR TO THE PROPOSED GRADES, AND GIVING NOTICE THEREOF. CITY OF SANTA ANA NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA CALIFORNIA, AS FOLLOWS: ' DESCRIPTION OF ~IMPROVEMENT SECTION 1. In its opinion, the public interest, convenience and necessity requires, and it is the intention of this City Council to order the construction of certain public works of improvement, together with appurtenances and appurtenant work in connection therewith,,includinq acquisition where necessary, in a special assessment district known and desig- nated as ASSESS~ENT DISTRICT NO. 241 SECTION 2. (hereinafter referred to as.the "Assessment District") under the provisions of the "Improvement Act of 1911", being Division 7 of the Streets and Highways Code of the State of California. 'PLANS, PROFILES', DRAWINGSAND SPECIFICATIONS Ail of the said work and improvements to be done shall be constructed upon the grades, along the lines, be- tween the points of the dimensions, at the places, and in the manner shown on the plans, profiles and drawings for said improvement, 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 specifi- cations for the construction of said improvements, said specifications being on file in the OffLce of the City Clerk of said City, and to which plans, profiles, draw- ings and specifications heretofore approved by this City Council, 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 improvement, 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 benefits arising therefrom, and said City Council hereby makes the expenses of said work and improvement chargeable upon a district, which.said district is hereby de- clared 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 Assess- ment District heretofore approved by the City Council, indicating by said boundary line the extent of the territory included 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 here- by made to said map or plat for a further, full and more particular description of said Assessment District, and said map or plat so on file shall govern for all de- tails as to the extent of said Assessment District. DESCRIPTIO~I OF BONDS SECTION 4. That Serial Bonds', bearing interest at the rate of SIX-AND ONE-HALF (6.5%) /per annum, shall be issued to represent each assessment of Fifty Dollars ($50.00) or more, remaining unpaid for thirty (30) days after the date of mailing of Notices pursuant to Section 5390 of the Streets and Highways Code of the State of California. Said Serial Bonds shall extend over a period ending NINE (9) years from the 2nd day of January next succeeding the next September 1st following their date. Payments on the prin- cipal 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 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 description of the grades at which the work is to be done. -2- SECTION 6. SECTION 7. SECTION 8. SECTION 9. SECTION 10. SECTION 11. TIME AND PLACE OF HEARING NOTICE IS HEREBY GIVEN THAT MONDAY , THE ]Sth DAY OF MARCH/ 1978 , 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 ~-DPEARAND SHOW CAUSE ~HY SAID WORK SHOULD NOT BE DONE OR CARRIED OUT IN ACCORDANCE WITH THIS RESOLUTION OF INTENTION. PROTESTS MUST BE IN WRITING AND MUST BE DELIVEP~D TO THE CITY CLERK PRIOR TO THE TIME. SET FOR THE HEARING. PRIVATE CONTRACT That it is the opinion of this City 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 That all of the work herein proposed shall be done and carried through in pursuance of an Act of the Legislature 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 The Superintendent of Streets of said City shall cause to be conspicuously posted along the line of said contemplated work or improvement, and along all open streets within the District liable to be assessed for said work, Notices of the pass- .age of this Resolution of Intention in the time, form and manner provided by Said Code. 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 ...... The first publication shall be made not less than ten (10) days prior to the date of the public hearing stated herein. 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 equa- lized 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. -3- SECTION 12. SECTION 13. SECTION 14. The City Clerk shall also immediately file in the Office of the County Recorder a certified copy of the proposed 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 Resolu- tion of Intention. COST ESTIMATE The total estimated assessable cost of this im- provement and these proceedings is $ 297,650.00 For particulars, reference is hereby made to the Cost Estimate as approved by this City Council and on file in the Office of the City Engineer. WORKS OF IMPROVEMENT The works of improvement cpntemplated herein are described as follows: The construction of certain public im- provements, including clearing and grubbing, grading, curbs and gutters, sidewalks, paving, driveway approaches, street~trees and certain street work improvements, together with appurtenances and all appurtenant work, including drain- age structureS and inlets and intersection work, in THE SOUTH HALF OF WASHINGTON AVENUE between Harbor Boulevard and a point app- roximately 150 feet west of the centerline of Jackson Street and in ELEVENTH STREET between Harbor Boulevard to a point approxi+ mately 150 feet east of the centerline of Jackson Street and in HAZARD AVENUE between Harbor Boulevard and Jackson Street and in THE NORTH HALF OF SEVENTH STREET between Jackson Street and a point approxi- mately 595 feet east of the centerline of Jackson Street and in THE NORTH HALF OF FIFTH STREET between a point approximately 200 feet east of the centerline of Harbor Boulevard to Harper Street and in -4- FIGUEROA STREET between Fifth Street and Hazard Avenue and in BEWLEY STREET between Fifth Street and Washington Avenue and in GUNTHER STREET between Fifth Street and Hazard Avenue and in JACKSON STREET between Fifth Street and Eleventh Street. SECTION 15. SECTION 16. SECTION 17. PUBLIC CONVENIENCE AND NECESSITY The Council proposes to find and determine on the hearing provided for herein as authorized pursuant to Section 17 of Article XIII of the California Constitution that the public convenience and neces- sity require such work and improvement. At said hearing, the Council will hear objections to the making of such findings and determination. After such public hearing, if the Council, by no less than a four-fifths (4/5) 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 re- spect 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 This legislative body hereby further elects to provide that said bonds, upon redemption, shall provide a pre- mium 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 premium in order to pay and discharge such lien. WORK ON PRIVATE PROPERTY It is hereby further determined to be in the best pub- lic interest and convenience and more economical to do certain work on private property to eliminate any dis- parity 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 his nature is to be performed until the written consent of the property owner is first obtained. -5- RES#78-16 i SECTION 18. SECTION 19. PROCEEDINGS INQUIRIES For any and all information relating to these pro- ceedings, 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 depart- men~ indicated: MR. FRANK YANG ASSOCIATE ENGINEER CITY OF SANTA ANA 20 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 92701 TELEPHONE: (714) 834-4151 ACQUISITION 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 improvement as covered in this Resolution of Intention for this Assessment District. CONTRIBUT ION SECTION 20. The City Council does intend to contribute the esti- mated sum of $297,650.00 to pay one-half (1/2) of the costs of the improvements, including incidental expenses, to be constructed in the Assessment District. Said funds shall be appropriated from the CO~IUNITY DEVELOPmeNT FUND of said City. APPROVED and ADOPTED this 6th /~ay of ~ .? February, CITY OF SANTA ANA STATE OF CALIFORNIA 1978 ATTEST: CITY CLERK CITY OF SANTA ANA STATE OF CALIFORNIA -6- i RES#78-16 STATE OF CALIFORNIA ) COUNTY OF OR32qGE ) ss. CITY OF SANCTA AI~A ) I, FLORENCE I. FL%LONE, City Clerk of the City of S~2qTA ANA, California, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 78-16 , was duly passed, approved and adopted by said City council, app- roved and signed by the Mayor, and attested by the City Clerk, all at a regular meeting of said City Coualcil held on the ' 6th day of'' Febru~r¥~ 1978 · and that the same was passed and adopted by the following vote, to-wit: AYES: Garthe, Yamamoto, Bricken, COUNCILMEN: 0rtiz, Evans, Brandt, Ward NOES: COUNCILFiE~]: None ABSENT: COUNCIL}~N: None Executed this 6th Aha, California. day of Februaryi 1978 , at Santa CITY CLERK CITY OF SANTA ANA STATE OF CALIFORNIA [SEAL]