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HomeMy WebLinkAbout58-129RESOLUTION NO. 58-129 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, DECLARING ITS INTENTION TO IMPROVE DAISY AVENUE AND OTHER STREETS WITHIN THE CITY OF SANTA ANA, AND DETERMINING THAT BONDS SHALL BE ISSUED TO REPRESENT THE COST THEREFOR, AND DECLARING THE WORK TO BE OF MORE THAN LOCAL OR ORDINARY PUBLIC BENEFIT, AND THAT THE EXPENSE THEREOF SHALL BE ASSESSED UPON A DISTRICT WHEREAS, the City Council of the City of Santa Ana, by Resolution No. 58-121 adopted May 5, 1958, set a hearing, pursuant to Section 17 of Article XIII of the Constitution of the State of Califor- nia, for May 19, 1958, to determine whether the public convenience and necessity require the improvement of Daisy Avenue between Myrtle Street and First Street; Myrtle Street between Artesia Street and Daisy Avenue; Pine Street between Daisy Avenue and Artesia Street; and Daisy Avenue between Fifth Street and a point 632 feet - norther- ly of Fifth Street, all within the City of Santa Aha, by the grading, preparing of subgrade, paving with plant mix surface, constructfon of concrete curbs and gutters, concrete sidewalks, and concrete driveway aprons, and appurtenant work thereto; and WHEREAS, on said date said hearing was held and said City Council, by Resolution No. ~8-12§, adopted by a five-fifths vote on May 19, 1958, determined that the public convenience and necessity re- quire the said improvement of said streets all in the City of Santa Ana by the doing of said work and appurtenant work thereto, all as set forth in said resolution. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES RESOLVEAS FOLLOWS: SECTION 1. That the public interest and convenience require and it is the intention of the City Council of the City of Santa Aha to order the following work to be done, to wit: the improvement of Daisy Avenue between Myrtle Street and First Street; Myrtle Street be- tween Artesia Street and Daisy Avenue~ Pine Street between Daisy -1- Avenue and Artesia Street; and Daisy Avenue between Fifth Street and a point 632 feet - northerly of Fifth Street~ all within the City of Santa Aha, by the grading, preparing of subgrade, paving with plant mix surface, construction of concrete curbs and gutters, concrete sidewalks, and concrete driveway aprons, and appurtenant work thereto. The estimated cost of the improvement is 92?,000.00. All of the foregoing work shall be done in accordance with the profile and improvement plan No. AD 198 and any supplemental drawings mentioned thereon, which said profile and improvement plan was adopted by the City Council on May 5, 1958, by Resolution No. 58-119 on file iu the office of the City Engineer of said City, and in accordance with specifications entitled "Specifications for Improvement in Assess- ment District No. 198" as adopted by the City Council of said City on the 5th day of May, 1958, by Resolution No. 58-119. The work and i~provement herein described shall be constructed to the grades, subgrades, and elevations severally shown upon said profile and improvement plan No. AD 198 and detailed drawings thereon in the respective locations thereof, to which profile and improvement plan reference hereby is made for a description of the grades to which all the work and improvements under this Resolution of Intention shall be done, which said grades are hereby adopted and established as the official grades therefor~ for all purposes in connection with the proceedings pursuant to this Resolution of Intention; notice hereby is given that said grades are or may be, in part~ new and different from those heretofore established or existing~ or may b~ and in some cases are~ different from existing ground levels. SECTION 2. That said proposed work or improvement in the opinion of the City Council of the City of Santa Aha is of more than local or ordinary public benefit, and said Council hereby proposes that the district in the City of Santa Aha to be benefited by said work or im- provemen~ and to be assessed to pay the cost and expense thereof~ is shown upon a certain plan or map approved by the City Council on May 5, 1958, by Resolution No. 58-120~ indicating the exterior boundary thereof, which said plan or map is on file in the office of the City Eaginesr and is marked No. AD 198, Sheet 1. Said plan or map hereby is referred to and sha~l govern for all details as to the extent of said assessment district. Said assessment district includes, in general, the lots and parcels of land abutting upon or contigmous to said hereinabeve described streets, but reference here~y is made to said plan or map for all details as to the extent of said assessment district and for any variation between the last mentioned general description and the extent of said assessment district as sho~n on said plan or map. Ail public streets or alleys, or portions thereof, hereby are excepted from said district~ In addition to any assessment upon any property owned by the City of Santa Aha, a portion of the cost and expense of doing the work described herein shall be paid out of the Treasury of the City of Santa Aha from the general fund of said city~ that portion which will be so paid by said city shall be the sum of $2,000.00. SECTION 3. That serial bonds bearing interest at the rate of 6% per ann~m shall be issued to represent each assessment of $50.00 or ~ore remaining unpaid for 30 days after the date of the warrant. Said serial bonds shall extend over a period ending 9 years from the second day of January next succeeding the next October 15th following their date. Payments on the principal of unpaid assessments and interest shall be made by property owners to the City Treasurer and the sums shall be disbursed by him or as provided in the "Improvement Act of 1911" herein- after referred to. SECTION &. Notice hereby is given that on June 16, 1958, at the hour of 7:30 P.M., in the Council Chambers in the City Hall of said City of Santa Ana, situated at Third and N~tn Street in said City, any and all persons having any objections to the proposed work or improvement, to the extent of the assessment district or both, may appear before the City Council and show cause why the said proposed work or improvement should not be carried out in accordance with said Resolution of Intention. Protests must be in writing~ contain a description of the property sufficient to identify the same, and must be delivered to the Clerk of the Council not later than the hour set for hearing. SECTION 5. The Superintendent of Streets immediately shall cause to be conspicuously posted along the line of said contemplated work or improvement and also along all the open streets withiu the said district, notice of the passage of this Resolution of Intention, in the manner and form prescribed by law. The Clerk of the Council hereby is directed to mail notices, in the manner and form prescribed by law, of the adoption of this reso- lution, to all persons owning real property iu the hereinbefore described assessment district, whose names and addresses appear on the last equalized assessment roll for city taxes or as known to the Clerk of the Council. SECTION 6. The City Council of the City of Santa Aha, in making the improvement and iu doing the work prescribed herein, elects to proceed under and in accordance with the provisions of the "Improvement Act of 1911", being Division 7 of the Streets and Highways Code of the State of California. SECTION 7. The Clerk of the Council shall certify to the adop- tion of this Resolution of Intention and shall cause the same to be published twice iu the "Santa Aha Register", a newspaper published and circulated iu the City of Santa Aha, the First of which publica- tions shall be not less than l0 days prior to June 16, 1958, the date of said hearing, and which hearing shall not be less than 15, nor more than 60 days after the date of adoption of this resolution.. SECTION 8. The Clerk of the Council shall certify to the adop- tion of this resolution and thenceforth and thereafter the same shall be in full force and effect. this 19t of May, 1958. APPROVED A~D ADOPTED ~he~i.t~ ~~ Mayor o C y o Sauta A~a ATTEST: Clerk of the Council AYES: NOES: ABSENT: Councilmen Councilmen Councilmen i HEREBY CERTI~ that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Santa Aha, held on the 19th day of May, 1958, by the following vote: Royal E. Hubbard, Stanley C. Gould, Jr., A. A. Hall, J.0gden Markel, Dele H. He~ly None None Clerk of the Council of the City of Santa Ana -5-