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HomeMy WebLinkAbout81-052RESOLUTION NO. 8t-52 RESOLUTION OF THE CITY COUNCIL DECLARING ITS INTENTION TO ORDER THE CONSTRUCTION OF CERTAIN PUBLIC IMPROVEMENTS, TOGETHER WITH APPURTEN- ANCES AND APPURTENANT WORK IN CONNECTION THERE- WITH, IN AN ASSESSMENT DISTRICT; DECLARING THE WORK OR IMPROVEMENTS 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 TIME AND PLACE OF HEARING OBJECTIONS TO SAID WORK AND IMPROVEMENTS OH TO THE EXTENT OF THE DISTRICT, OR TO THE PROPOSED GRADES, AND GIVING THE NOTICE THEREOF. (ASSESSMENT DISTRICT NO. 244) 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 require, 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, including acquisition where necessary, in a special assessment district known and desig- nated as ASSESSMENT DISTRICT NO. 244 (ANAHURST PLACE) (hereinafter referred to as the "Assessment Dis- · rict") 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, DRAWINGS, AND SPECIFICATIONS SECTION 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 improvement on file in the Office of the City Engineer of this City, and except as otherwise provided on said plans, in further accord- ance with the specifications for the construction of said improvements, said specifications being on file in the Office of the Clerk of the Council of this City, and to which plans, profiles, drawings, 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. SECTION 3. SECTION 4. SECTION 5. DESCRIPTION OF ASSESSMENT DISTRICT That the said contemplated work of improvement, in the opinion of this 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 pro- portion 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 declared 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 pro- posed boundary map of said Assessment District heretofore approved by this City Council, indicating by said boundary line the extent of the territory included with- in the proposed Assessment District, and which map or plat is on file in the Office of the Clerk of the Council, 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 said Assessment District, and said map or plat so on file shall govern for all details as to the extent of said Assessment District. DESCRIPTION OF BONDS That Serial Bonds, bearing interest at the rate of TEN Percent ( 10 %) per annum, shall be issued to represent each assessment O~e Hundred Fifty Dollars ($150.00) or more, remaining unpaid for thirty (30) days after the date of mailing ~f Notices pursuant to Section 5390 of the Streets Hnd 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 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 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 spec- ifications, together with profiels. 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. SECTION 12. TIME AND PLACE OF HEARING NOTICE IS HEREBY GIVEN THAT MONDAY, THE 151TH DAY OF JUNE; 1981 , 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 OF IMPROVE- MENT, 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 DE DELIVERED TO THE CLERK OF THE COUNCIL PRIOR TO THE TIME SET FOR THE HEARING. PRIVATE CONTRAC.T That is 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 of improvement[ 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 ~anner provided by said Code. The Clerk of the Council 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 Clerk of the Council 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. The Clerk of the Council shall also immediately file in the Office of the County Recorder a certified copy of the proposed boundary map for the Assessment District in accordance with the provisions of Section 4.5 of the Streets and Highways Code of the State -3- of California, said filing to be within fifteen (15) days of the adoption of this Resolution of Intention. COST ESTIMATE' SECTION 13. The estimated cost of said work and improvements is as follows: Estimated Construction Cost: Estimated Incidental Expenses: Total Estimated Costs: Estimated Contribution: Balance to Assessment: $ 76,800.00 25,000.00 $ 101,800.00 50,000.00 $ 51,800.00 WORKS OF IMPROVEMENT SECTION 14. The works of improvement contemplated herein are described as follows: The construction of certain street improvements, including paving, curbs, gutters, sidewalks and drive approaches, including street trees, together with appurtenances and appurtenant work in ANAHURST PLACE BETWEEN FLOWER STREET AND SYCAMORE STREET in the CITY OF SANTA ANA. PUBLIC CONVENIENCE AND NECESSITY SECTION 15. 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 con- venience and necessity requires such.work and improvement. At said hearing, the Council will hear objections to the making of such findings cand determination. After such public hearing, if the Council, by no less than 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 respect to debt limitation or majority protest, and specifically the proceedings and limitations of the "Special Assessment Investi- gation and Majority Protest Act of 1931". BOND REDEMPTION SECTION 16. This 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 premium in order to pay and discharge such lien. -4- WORK ON PRIVATE PROPERTY SECTION 17. It is hereby further determined to be in the best public interest and convenience and more eco- nomical to do certain work on private property to eliminate any disparity in levelor 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 18. 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. FRANK YANG Associate Engineer CITY OF SANTA ANA 20 Civic Center Plaza Santa Ana, CA 92701 (714) 834-4151 CONTRIBUTION SECTION 18. The City Council does intend to contribute one- half (1/2) the estimated costs of the works of improvement and all incidental expenses for this Assessment District, and said funds.are to be appropriated from the COMMUNITY DEVELOPMENT BLOCK GRANT (HUD) FUNDS Of said City. APPROVED ana ADOPTED this 4th day of ~YOR / CITY OF SANTA ANA STATE OF CALIFORNIA May, 1981 ATTEST: -5- EX~[B[T "A" The construction of paving, curbs, gutters, sidewalks and drive approaches along with street trees on the north side of Anahurst Place extending from Flower Street eastward to Sycamore Street, all in the City of Santa Aha. ? A~£$$A~ttT ~$TRt~T BOUNDA,qlC& STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF SANTA ANA ) SS. I, JANICE C. GUY, Clerk of the Council of the City of Santa Ana, California, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 81-52 , was duly passed, approved and adopted by said City Council, approved and signed by the Mayor, and attested by the Clerk of the Council, all at a regular meeting of said City Council held on the 4th day of May , and that the same was passed and adopted by the following vote, to-wit: AYES: NOES: ABSENT: COUNCILMEN-. COUNCILMEN: COUNCILMEN: EXECUTED this Santa Ana, California. APPROVEb AS TO yORM: EDWARD ~. C~OPE~_~ CITY ATTORNEY Acosta, Bricken, Griset, Luxembourger,, Markel, McGuigan, Serrato None None 5th day of May, 1981 CZTY OF SANTA /: STATE OF CALIFORNIA , at [SEAL]