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Home My WebLink AboutNS-2352 - Amending Section 33-49(e) of the Santa Ana Municipal Code to Authorize the City Manager of the City of Santa Ana to Accept Dedications of and Interests in Real Property...131 CL: 5/13/98 ORDINANCE NO. NS- 2352 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING SECTION 33-55 AND AMENDING SECTION 33-49(e) OF THE SANTA ANA MUNICIPAL CODE TO AUTHORIZE THE CITY MANAGER OF THE CITY OF SANTA ANA TO ACCEPT DEDICATIONS OF AND INTERESTS IN REAL PROPERTY, TO ACCEPT DEEDS AND GR3kNTS CONVEYING PROPERTY AND TO ACCEPT ROADS AND STREETS INTO THE CITY STREET SYSTEM. WHEREAS, the City routinely receives dedications of an interest in, or easement upon, real property for public purposes in conjunction with development projects, public works projects and right of way acquisitions which must currently be accepted by the City Council of the City of Santa Aha; and WHEREAS, granting authority to the City Manager to approve of such dedications would allow the process to proceed in a more efficient manner; and WHEREAS, the City Council of the City of Santa Ana desires to authorize the City Manager to accept dedications made pursuant to statutory obligation, in conjunction with public works improvement projects or city approved entitlements; and WHEREAS, Streets and Hiqhways Code section 1806 states that no public or private street or road shall become part of a city street or road until it has been accepted into the city street system by the governing body and authorizes the governing body of a city to designate a city officer to accept streets and roads into the city street system and record conveyances of real property; and WHEREAS, the City Council of the City of Santa Ana desires to authorize the City Manager to accept dedicated streets and roads into the city street system; and WHEREAS, Government Code section 27281 states that deeds or grants conveying an interest in or easement upon real property to a political corporation or governmental agency for public purposes shall not be accepted for recordation without the consent of the grantee evidenced by a certificate or resolution of acceptance attached to or printed on the deed or grant and permits a political corporation or governmental agency, by resolution, to authorize one of its officers to accept and consent to such deeds or grants; and WHEREAS, on October 20, 1969 the City Council of the City of Santa ~Lna adopted Resolution 69-156 granting such authority to the city manager; and WHEREAS, it is the intention of the City Council of the City of Santa Aha that this ordinance supersede Resolution 69-15¢. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA DNA DOES ORDAIN AS FOLLOWS: SECTION l:Streets, Sidewalks and Public Works Sec. 33-55 of the Santa Ana Municipal Code is hereby adopted to read as follows: Sec. 33-55 Authority of the City Manager (a) Acceptance of Dedications (1) The city manager is authorized to accept the following dedications: (a) statutory dedications of an interest in, or easement upon, real property made in accordance with the provisions of this Code; and (b) dedications of an interest in, or easement upon, real property made in conjunction with public works improvement projects; and (c) dedications of an interest in, or easement upon, real property made pursuant to city approved entitlements, such as but not limited to: building or other related permits, conditional use permits, variances or as a condition of a development agreement. (2) Ail other dedications shall be accepted by the city council. (b) Acceptance of roads or streets into the city street system. (1) The City of Santa Ana shall not incur any liability or responsibility for maintenance of a dedicated road or street unless such road or 133 street has been accepted into the city street system. (2) The city manager is authorized to accept streets and roads, or portions thereof, into the city street system. (3) The city manager is further authorized to record conveyances to the City of Santa Aha of real property interests for street and road uses and purposes. The city manager shall, prior to recording any conveyance under this section, affix a certificate to the instrument stating the acceptance into the city street system and designating the name or number, or both, of the city street or road. (c) Acceptance of deeds or grants conveying an interest in real property for public purposes. (1) The city manager is authorized to accept and consent to all deeds or grants conveying an interest in or easement upon real property to the City of Santa Aha for public purposes. (2) The city manager, or his designee, shall attach to or print on the deed or grant a certificate of acceptance in substantial compliance with the provisions of Government Code section 27281. SECTION 2:Streets, Sidewalks and Public Works Sec. 33-49(e) of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 33-49 Saune - Dedications. (e) In the event the executive director of public works determines that immediate dedication would not be in the interests of the City of Santa Aha, the city manager may accept either an irrevocable offer of dedication pursuant to Government Code Section 7050, or an agreement between the city and the owner to dedicate in the future, in lieu of present dedication. SECTION 3:The City Council of the City of Santa Ama hereby ratifies all prior acceptances by the City Manager of the City of Santa Ama of all conveyances or interests in real property to the city for public purposes and hereby accepts and ratifies all prior acceptances by the City Manager of the City of Santa Aha of roads or streets into the city street system. SECTION 4:If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Aha hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 5:Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. ADOPTED this ATTEST: 1st day of Clerk of the Councilw June , 1998. ~el A.~ul~d' ~ ' 'o ~ - gD~ayor COUNCILMEMBERS: Pulido Richardson Ave Espinoza Absent Franklin Aye Lutz Aye McGuigan Aye Moreno Aye APPROVED AS ~ FORM: Cristine Lee~ Deputy City Attorney .t3S Ordinance No. NS-2352 CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange 1, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Ordinance No. A/o<' - .~ .~_q-"~_~ to be the original ordinance adopted by the City Council of the City of Santa Ana on ~/,, lq ~c ; and that said ordinance was published in accordance with the Charter of the City ~f S'anta Ana. Clerk of the~oun~-~~- City of Santa Ana