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HomeMy WebLinkAbout72-127RESOLUTION NO. 72-127 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE CONSTRUCTION OF CERTAIN IMPROVE- MENTS, TOGETHER WITH APPURTENANCES AND APPUR- TENANT WORK IN CONNECTION THEREWITH, IN ASSESS- MENT DISTRICT NO. 215 (MAPLE/COLUMBINE) ; DECLAR- ING THE WORK OR IMPROVEMENT 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 WOP~K AND IMPROVEMENT OR TO THE EXTENT OF THE DISTRICT, OR TO THE PROPOSED GRADES, AND GIVING NOTICE THEREOF THE CITY COUNCIL of the City of Santa Ana, California, pur- suant to the provisions of the "Improvement Act of 1911", being Division 7 of the Streets and Highways Code of the State of Calif- ornia, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the public interest and convenience require, and it is the intention of the City Council of the City of Santa Ana to order the following work and improvement to be done, to wit: DESCRIPTION OF WORK The construction of certain grading, paving, curbs and gutters in public streets; MAPLE STREET (60 feet wide) between ALTON AVENUE and COLUMBINE AVENUE; and in, COLUMBINE AVENUE (the northerly 30 feet) between MAIN STREET and a point approximately 725 feet easterly of the center line of MAPLE STREET, including all necessary inter- section work. PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS SECTION 2. All 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, known as ASSESSMENT DISTRICT NO. 215 (MAPLE/COLUMBINE), 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 specifica- tions for the construction of said improvements, said specifica- tions being on file in the Office of the City Clerk of said City, and to which plans, profiles, drawings and specifications hereto- fore approved by the City Council of said City, reference is here- by 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 the said City Council hereby makes the expenses of said work and improvement chargeable upon a district, which said district the said City Council hereby declares to be the district benefitted by said work and improvement to be assessed to pay the costs and expenses thereof, and which district is de- scribed as follows: All that certain territory of the City of Santa Ana, California, exclusive of streets and alleys, includ- ed within the exterior boundary line shown upon the map of said ASSESSMENT DISTRICT NO. 215 (MAPLE/COL- UMBINE) heretofore approved by the City Council of the City of Santa Ana, California, indicating by said boundary line the extent of the territory in- cluded 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 hereby made to said map or plat for a further, full -2- and more particular description of the said Assessment District, and the said map or plat so on file shall govern for all details as to the extent of said Assess- ment District. DESCRIPTION OF BONDS SECTION 4. That Serial Bonds, bearing interest at the rate of six percent (6%) 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 pur- suant to Section 5390 of the Streets and Highways Code. Said Serial Bonds shall extend over a period ending nine (9) years from the second day of January next succeeding the next September first 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. Said bonds shall include a redemption provision providing that a premium of five percent (5%) on the unmatured principal shall be paid in the event of redemption of a bond prior to maturity date thereof. 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 specifications, to- gether 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. -3- PUBLIC CONVENIENCE AND NECESSITY SECTION 6. The Council proposes to find and determine at the hearing provided for herein that the public convenience and neces- sity require such work and improvement. At said hearing the Council, pursuant to Ordinance No. NS-589 will hear objections to the making of such finding and determination. After such public hearing, if the Council, by no less than a four-fifths vote of all members thereof, finds and determines that the public convenience and necessity require such improvement, it may order such improve- ment without further proceedings in this respect to debt limitation or majority protest. TIME AND PLACE OF HEARING SECTION 7. NOTICE IS HEREBY GIVEN THAT ON THE 5th DAY OF February, 1973, AT THE HOUR OF 7:30 O'CLOCK P.M. IN THE COUNCIL CHAMBERS LOCATED IN THE CITY HALL ANNEX, CITY OF SANTA ANA, CALIFORNIA, AT 530 NORTH ROSS STREET, SANTA ANA, CALIFORNIA, ANY AND ALL PERSONS HAVING OBJECTIONS TO THE PROPOSED WORK OR IM- PROVEMENT, OR TO THE EXTENT OF THE ASSESSMENT DISTRICT OR TO THE PROPOSED GRADES, MAY APPEAR AND S~OW 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 BE DELIVERED TO THE CITY CLERK PRIOR TO THE TIME SET FOR THE HEARING. PRIVATE CONTRACT SECTION 8. That it is the opinion of the 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 SECTION 9. 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", -4- being Division 7 California. SECTION 10. of the Streets and Highways Code of the State of POSTING, MAILING, PUBLICATION The Superintendent of Streets of the City of Santa Ana, California, 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 passage of this Resolution of Intention in the time, form and manner provided by said Code. SECTION 11. 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. SECTION 12. 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 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. COST ESTIMATE SECTION 13. The total estimated assessable cost of this im- provement and these proceedings is $70,000.00. 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. APPROVED and ADOPTED this 18th day of December, 1972. MAYOR OF THE CITY OF A ANA, CALIFORNIA ATTEST: CITY CLERK OF T~{~ CI~TY OF SANTA CALIFORNIA ~ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF SANTA ANA, CALIFORNIA) SS I, Florence I. Malone, City Clerk of the City of Santa Ana, California, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. ?-~27 ' was duly passed, approved and adopted by said City Council, approved and signed by the Mayor, and at- tested by the City Clerk, all at a ~reaular meeting of said City Council held on the ]h~.h day of December , 19 72 , and that the same was passed and adopted by the following vote, to wit~ AYES: COUNCILMEN Herrin, Evans, Markel, Patterson, Villa, Yamamoto~ Griset NOES: COUNCILMEN None ABSENT: COUNCILMEN None DATED this ~h+.b day of December , 19 721. . (SEAL) CITY CLERK AND CLERK OF THE COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA