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HomeMy WebLinkAbout82-013RESOLUTION NO. 82-13 RESOLUTION OF THE CITY COUNCIL DECLARING INTENTION TO ORDER THE CONSTRUCTION OF CERTAIN IMPROVEMENTS TOGETHER WITH APPURTENANCES IN A PROPOSED ASSESSMENT DISTRICT PURSUANT TO THE PROVISIONS OF THE "MUNICIPAL IMPROVEMENT ACT OF 1913"; DECLARING THE WORK TO BE OF MORE THAN LOCAL OR ORDINARY BENEFIT; DESCRIBING THE DIST- RICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF; AND PROVIDING FOR THE ISSUANCE OF BONDS. THE CITY COUNCIL OF THE CITY OE SANTA ANA, CALIFORNIA (hereinafter referred to as "Agency") DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The public interest and convenience require, and it is the intention of this body, pursuant to the provisions of Division 12 of the Streets and Highways Code of the State of California (the "Municipal Improvement Act of 1913"), to order the construction of certain public improvements, together with appurtenances and appurtenant work, in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 245 (hereinafter referred to as the "Assessment District"). DESCRIPTION OF IMPROVEMENTS The construction of certain improvements, together with appurtenances and appurtenant work and acquisition, if necessary, in certain public streets and rights-of-way in the Assessment District, as set forth in Exhibit "A" attached hereto, incorporated and so referenced. For further particulars, reference is hereby made to a map of said Assessment District previously adopted. Bo Said streets, rights-of-way and easements shall be shown upon the plans herein referred to and to be filed with these proceedings. Co All 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 description 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 Engineer's "Report" shall be controlling as to the correct and detailed description thereof. RESOLUTION NO. 82-13 PAGE TWO SECTION 2. Fo Fo 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. 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 said work will be done to said changed grades. DESCRIPTION OF ASSESSMENT DISTRICT That said improvements and work are of direct benefit to the properties and land within the Assessment District, and Agency hereby makes the expenses of said work and improvement chargeable upon a district, which said Assessment District is hereby declared to be the Assessment District benefited by said work and improvements and to be assessed to pay the costs and expenses thereof, including incidental expenses and costs and which is described as follows: All that certain territory in the District 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 work and improvements in the Assessment District, said map titled and identified as "PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 245" and which said map was heretofore approved and which said map or diagram is on file with the transcript of these proceedings, 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 boundary map heretofore previously approved, and for a complete description of said Assessment District, the said plat and proposed boundary on file shall govern. SECTION 3. REPORT OF ENGINEER That this proposed improvement is hereby referred to the appointed SUPERINTENDENT OF STREETS, SAMUEL S. JOHNSON, who is hereby directed to make and file the report in writing containing the following: RESOLUTION NO. 82-13 PAGE THREE SECTION 4. A. Plans and specifications of the proposed improvements; Be An estimate of the cost of the proposed works of improvement, including the cost of the incidental expenses in connection therewith. 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 Assessment District, 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~ A proposed assessment of the total amount of the assessable costs and expenses of the proposed improvement upon the several divisions of land 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; The description of the works of improvement to be constructed under these proceedings, and acquisition, where necessary. When any portion or percentage of the cost and expenses of the improvements is to be paid from sources other than assessments, the amount of such portion or percentage shall first be deducted from the total estimated costs and expenses of said work and 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 Subsection D. of this Section. BONDS That it is hereby determined and declared that serial bonds be issued in accordance with Division 7 of the Streets and Highways Code ("Improvement Act of 1911") to represent each assessment of One Hundred Fifty Dollars ($150.00) or more, remaining unpaid for thirty (30) days after the date of recordation of the diagram and assessment for this improvement. The serial bond shall extend over a period not to exceed NINE (9) YEARS from the second day of January next succeeding the next September 1st following their date. The interest rate on said bonds shall not exceed the current legal maximum rate of 12% per annum. 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 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 months interest and shall be payable on each 15th day of April RESOLUTION NO. 82-13 PAGE FOUR SECTION 5. SECTION 6. SECTION 7. and October, the last interest payment coming due on the October 15th immediately preceding the last annual payment of the principal of the bonds issued to represent the unpaid assessments. Pursuant to the provisions of the Streets and Highways Code of the State of California, specifically Section 10603, the Agency Treasurer is hereby designated as the officer to collect and receive the assessments during the cash collection period. Said bonds further shall be serviced and collected by the Agency Treasurer. "MUNICIPAL IMPROVEMENT ACT OF 1913" That except as herein otherwise provided for the issuance of bonds, all of said improvements 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 of the State of California. SURPLUS FUNDS That if any excess shall be realized from the assessment, it shall be used, in such amounts as the Agency may determine, in accordance with the provisions of law for one or more of the following purposes: Transfer to the general fund of the Agency; 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 from the Improvement Fund~ B. As a credit upon the assessment and any supplemental assessment; or C. For the maintenance of the improvement. SPECIAL FUND That the legislative body of Agency hereby establishes a special fund designated IMPROVEMENT FUND FOR ASSESSMENT DISTRICT NO. 245 into which funds may be transferred at any time 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 assessments as authorized by law. RESOLUTION NO. 82-13 PAGE FIVE SECTION 8. PRIVATE CONTRACT Notice is hereby given that 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 of the State of California, no notice of award of contract shall be published. SECTION 9. GRADES That notice is hereby given that the grade to which the work shall be done is to be shown on the plans and profiles therefor, which grade may vary from the existing grades. The work herein contemplated shall be done to the grades as indicated on the plans and specifications, to which reference is made for a description of the grade at which the work is to be done. Any objections or protests to the proposed grade shall be made at the public hearing to be conducted under these proceedings. SECTION 10. PROCEEDINGS INQUIRIES For any and all information relating to these proceedings, including information relating to protest procedure, your attention is directed to the below designated person at the department indicated: FRANK YANG ENGINEERING DEPARTMENT CITY OF SANTA ANA 20 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 92701 TELEPHONE: (714) 834-4151 SECTION ll. PUBLIC PROPERTY All public property in the use and performance of a public function shall be omitted from assessment in these proceedings unless expressly provided and listed herein. SECTION 12. BOND REDEMPTION The legislative body 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 premium in order to discharge the obligation of the lien. RESOLUTION NO. 82-13 PAGE SIX PUBLIC CONVENIENCE AND NECESSITY SECTION 13. That Agency proposes to find and determine on the hearing provided for herein as authorized pursuant to the provisions of Section 17 of Article XIII of the Constitution of the State of California that the public convenience and necessity requires such work and improvement. At said hearing, the Agency will hear objections to the making of such findings and determination. After such public hearing, if the legislative body of Agency, 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 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" WORK ON PRIVATE PROPERTY SECTION 14. 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 improvements 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 perofmred until the written consent of the property owner is first obtained. CONTRIBUTION SECTION 15. That this Agency does intend to make a contribution toward certain of the costs and expenses of the proceedings, and for particulars reference is made to the Engineer's "Report", a copy of which is on file with the transcript of these proceedings and open for public inspection. APPROVED and ADOPTED this 1st day of February, 1982 STATE OF CALIFORNIA y~JAq¥I~"C.] GUY,. CLERK OF/THE/~O1]~CIL C,/ITY OF SANTA ANA ~ ~. / STATE OF CALIFORNIA ' J EDWARD City Attorney CITY OF SANTA ANA ASSESSMENT DISTRICT NO. 245 EXHIBIT "A" The works of improvement are described as follows: The construction of certain street improvements, including paving, curbs, gutters, sidewalks, driveway approaches and street trees, together with appurtenances and appurtenant work, in public streets within the boundaries of what is designated as ASSESSMENT DISTRICT NO. 245. STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SANTA ANA 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. ~2-13 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 the regular meeting of said City Council held on the 1st day of Febrqar¥ , 1982, and that the same was passed and adopte--~-~-~-G-y the following vote: AYES: NOES: ABSENT: COUNCILMEN: Bricken, Griset, Luxembourger, McGuigan COUNCILMEN: Markel COUNCILMEN: Acosta, Serrato EXECUTED this 1st day of February, 1982, at Santa Ana, California. OF T,E CO,,C / OF SANTA ANA ~'~" STATE OF CALIFORNIA APPROVED AS TO FORM: ATTORNE/ [SEAL]