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HomeMy WebLinkAbout74-168RESOLUTION NO. 74-168 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING ITS INTENTION TO ORDER THE CONSTRUCTION OF CERTAIN PUBLIC IMPROVE- MENTS, TOGETHER WITH APPURTENANCES AND APPURTENANT WORK IN CONNECTION THEREWITH, IN AN ASSESSMENT DISTRICT; DECLARING THE WORK OR IMPROVEMENT TO BE OF MORE THANORDINARY 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 IMPROVEMENT OR TO THE EXTENT OF THE DISTRICT, .OR TO THE PROPOSED GRADES, AND GIVING NOTICE THEREOF ASSESSMENT DISTRICT NO. 237 (QUIGLEY LANE) THE CITY COUNCIL of the City of Santa Ana, California, pursuant to the provisions of the "Improvement Act of 1911", being Division 7 of the Streets and Highways Code of the State of California, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the public interest and convenience require, and it is the intention of this City Council to order the following work and improvement to be done, to wit: DESCRIPTION OF IMPROVEMENT The construction of a sanitary sewer line together with appurtenances and appurtenant work in a sewer easement to serve unsewered parcels and properties on the West side of QUIGLEY LANE (private street) from a point approximately 300 feet southerly of McFadden Avenue to its eul-de-sac, thence connecting into the existing sanitary sewer system in Toland Avenue. The descriptions 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. 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. 237 (QUIGLEY LANE) 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 specifications for the construction of said improvements, said specifications being on file in the Office of the City Clerk of said City, and to which plans, profiles, drawings and specifications heretofore approved by the City Council of said City, reference is hereby made for a further, full and more particular description of the said work, and they shall govern as to all details. RESOLUTION NO. 74-168 PAGE TWO DESCRIPTION OF ASSESSMENT DISTRICT SECTION 3. That the said contemplated work and improve- ment 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 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 proposed boundary map of said Assessment District heretofore approved by the City Council indicating by said boundary line the extent of the territory included 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 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 Assessment District. DESCRIPTION OF BONDS SECTION 4. That Serial Bonds, bearing interest at the rate of seven and one-half percent (7-1/2%) 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 pursuant 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. GRADES SECTION 5. NOTICE IS ~EREBY 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 specifi- cations, together 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. TIME AND PLACE OF HEARING SECTION 6. NOTICE IS HEREBY GIVEN THAT ON THE 16th DAY OF DECEMBER, 1974, 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 OR IMPROVEMENT, OR TO THE EXTENT RESOLUTION NO. 74-168 PAGE THREE 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 BE DELIVERED TO THE CITY CLERK PRIOR TO THE TIME SET FOR THE HEARING. PRIVATE CONTRACT SECTION 7. 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 8. That all of the work herein proposed shall be done and carried through in pursuance of an Act of the Legis- lature 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 SECTION 9. 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 10. 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 11. 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. SECTION 12. The City Clerk shall also immediatley file in the office of the County Recorder a certified copy of the proposed boundary map for said Assessment District in accordance with the provisions of Division 4.5 of the Streets and Highways Code of the State of California, said filing to be within fifteen (15) days of the adoption of this Resolution of Intention. COST ESTIMATE SECTION 13. The total estimated assessable cost of this improvement and these proceedings is $20,297.51. For particulars, reference is hereby made to the Cost Esimate as approved by this City Council and on file in the Office of the City Engineer. RESOLUTION NO. 74-168 PAGE FOUR PUBLIC CONVENIENCE AND NECESSITY SECTION 14. The Council proposed to find and determine at the hearing provided for herein as authorized pursuant to Section 17 of Article XIII of the California Constitution that the public convenience and necessity require such work, and im- provement. At said hearing the Council 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 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, Limitation and Majority Protest Act of 1931." BOND REDEMPTION SECTION 15. Legislative body hereby further elects to provide that said bonds upon redemption, shall provide a premium of five percent (5%) on the unmatured principle and said language shall be added to the redemption clause in the bond form to require the property owner to pay said redemption fund in order to pay and discharge such lien. PASSED AND ADOPTED by the City Council of the City of Santa Ana at its regular meeting held on the 18th day of November , 1974. ATTEST: CLERK OF THE ~OUNCIL STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF SANTA ANA ) Ss.: I, FLORENCE I. MALONE, do hereby certify that I am the Clerk of the Council of the City of Santa Aha; that the fore- going Resolution was introduced to said Council at its regular meeting held on the 18th day of November , 1974, and was at said meeting passed and adopted by the following vote, to wit: AYES, NOES, COUNCILMEN: Griset, Evans, Markel, Garthe, Yamamoto, Patterson, Ward COUNCILMEN: None AB~ILMEN: None / / WITHE , C TY ATTORNE ~./ MAC/K~NZ~/BROWN,~Counsel for AD 237,~