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HomeMy WebLinkAbout75-070RESOLUTION NO. 75-70 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, PASSING ON THE REPORT PRESENTED PURSUANT TO THE "MUNICIPAL IMPROVEMENT ACT OF 1913," GIVING PRELIMINARY APPROVAL AND SETTING TIME AND PLACE FOR HEARING ON THE MATTER OF THE CONSTRUCTION OF CERTAIN PUBLIC IMPROVEMENTS IN A SPECIAL ASSESSMENT DISTRICT ASSESSMENT DISTRICT NO. 239 WHEREAS, the City Council has instituted proceedings for this improvement for construction of certain work and water improve- ments together with appurtenances in said City in a special assessment district under the provisions of Division 12 of the Streets and Highways Code of the State of California ("Municipal Improvement Act of 1913"); and, WHEREAS, a report has been prepared and filed with the City Clerk as provided for in Section 10203 and 10204 of the Streets and Highways Code of the State of California, and the City Clerk has presented said report to the City Council for their consideration; and, WHEREAS, the report as now presented shall stand as the report for purpose of subsequent proceedings hereunder; and WHEREAS, Resolution of Intention No. 75-69 for this improvement was duly adopted by the City Council of the City of Santa Ana, California on the 2nd day of June, 1975. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That the report as now presented and referred to hereinabove is considered adopted, passed upon and preliminarily approved. NOW, THEREFORE, IT IS ORDERED AS FOLLOWS: ae That the plans and specifications for the proposed improvements to be made, contained in said report be, and they are hereby preliminarily approved. That the estimate of the itemized and total costs and expenses of said acquisitions, if any, and im- provements and of the incidental expenses in connec- tion therewith, contained in said report, be and each of them are hereby preliminarily approved. That the diagram showing the assessment district referred to and described in said Resolution of Intention and also 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 said Resolution of Intention each of which subdivisions have been given a separate number upon said diagram as contained in said report be, and it is hereby preliminarily approved. That the proposed assessments upon the several sub- divisions of land in said assessment district in proportion to the estimated benefits to be received by such subdivisions, respectively from said acquisi- tions, if any, and improvements, and of the incidental ~ESOEUTION NO. PAGE TWO 75-70 expenses thereof as contained in said report be, and they are hereby preliminarily approved. Ee That the description of the works and improvements be and the same is hereby preliminarily approved. SECTION 3. NOTICE IS GIVEN THAT ON THE 7TH DAY OF JULY, 1975, AT THE HOUR OF 7:30 O'CLOCK PM IN THE CITY HALL FOR THE CITY OF SANTA ANA, 20 CIVIC CENTER PLAZA, SANTA ANA, CALIFORNIA, ANY AND ALL PERSONS HAVING ANY OBJECTIONS TO THE PROPOSED WORK OR IMPROVEMENT, ACQUISITION, IF ANY, OR ASSESSMENT, OR EXTENT 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 RESOLUTION OF INTENTION NO. 75-69 AND THE "REPORT" OF THE SUPERINTENDENT OF STREETS. PROTESTS MUST BE IN WRITING AND MUST BE DELIVERED TO THE CITY CLERK OF THE CITY OF SANTA ANA AT OR BEFORE THE TIME SET FOR THE HEARING. SECTION 4. That the City Clerk is hereby directed to give notice of said hearing by causing to be conspicuously posted on all open streets within the district, not more than 300 feet apart on each street so posted, but not less than three in all, notice of the passage of the Resolution of Intention and of this Resolution, all in accordance with the provisions of said Division 12. SECTION 5. That the City Clerk is hereby directed to give notice of said hearing and of the passage of the Resolution of Intention and of this resolution by causing such notice to be published in accordance with Section 6066 of the Government Code, in the "The Register," a newspaper published and circulated in the City of Santa Ana, which is hereby designated by said City Council for that purpose, all in accordance with the provisions of Division 12. SECTION 6. That the City Clerk is hereby directed to mail notice of said hearing and the adoption of the Resolution of Intention and of the filing and consideration and preliminary action of the "Report" to all persons owning real property proposed to be assessed whose names and addresses appear on the last equalized assessment roll for City taxes prior thereto or as known to the City Clerk, and to all other persons as prescribed and in accordance with the provisions of said Division 12. SECTION 7. That, pursuant to the provisions of Section 17 of Article XIII of the Constitution of the State of California and Section 2804 of the Streets and Highways Code, notice is hereby given that a hearing will be held by the City Council to find and determine whether the public convenience and necessity require said work or improvement and whether the provisions of the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931" shall apply thereto. Said hearing is hereby set for the same time and place hereinabove fixed in Section 2 for the hearing of protests and objec- tions to the "Report" and the Resolution of Intention. The City Clerk is hereby further directed to give notice of the hearing provided by this Section by mailing notice of the adoption of this Resolution and causing notice to be published and posted again, as set forth in Sections 4, 5 and 6 of this Resolution. APPROVED and ADOPTED this 2nd day of June, 1975 ATTEST: ~. CLERI~ OF THE COUNCIL RESOLUTION NO. 75-70 PAGE THeE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS. CITY OF SANTA AIqA ) AYES: NOES: ABSENT: I, FLORENCE I. MALONE, do hereby certify that I am the Clerk of the Council of the City of Santa Ana; that the foregoing Resolution was introduced to said Council at its regular meeting held on the 2nd day of June , and was at said meeting passed and adopted by the following vote, to wit: COUNCILMEN: Ward, Bricken, 0rtiz, Yamamoto, Garthe, COUNCILMEN: Evans, Brandt None COUNCILMEN: None C .Em OF APPROVED AS TO FORM: APPROVED AS TO CONTENT AND FORM: F .a~ACKEN Z I E/BROWN Counsel fo~Assessment District No. 239 NOTICE OF SALE ON IMPROVEM]:NT BONDS CITY OF SANTA ANA, CALIFORNIA ASSESSMENT DISTRICT NO. 239 NOTICE IS HEREBY G1VEN that the City of Santa Ana, California, will receive s~al(,d bids at the Office of the City Clerk of said City in the City Hall, up to the hour of .4:00 o'clock P~M, on June 30, 1975 Said bids will be opened at said time an~ the results will thereafter be referred to the Council for considera- tion at their next regular meeting. Mailed bids should be addressed as follows: City Council c/o City Clerk 20 Civic Center Plaza Santa Ana, California 92701 Re: Assessment District ~o. 239 ~ONDS. The bonds to be sold will be secured by unpaid assessments levied upon private property within said assessment district, and are authorized by proceedings taken pursuant to the "Municlpal ImprovemeDt Act of 1913," being Division 12 of the Streets and ~ighways Code of the State of California, and are to be issued pursuant to the provisioD~ of the "Improvement Act of 1911," being Division 7 of said Cod~. Pro- ceeds from the sale of such bonds will be used to pay the costs improvement project as authorized by said proceedings. AMOUNT. The total number and aggregate of bonds to be sold can only be determined upon the expiration of the thirty (30) day cash collection payment period following the confirmation and recordation of the assess- ment and during said period, assessments may be paid ei-ther in whole or in part. The total estimated aggregate amount of assessments ~o be confirmed is $ 80,228.00 Said bonds shall be issued for all unpaid assessments or portions thereof which amount to Fifty Dollars ($50.00) or over and shall be in the respective amounts as set forth in the confirmed and recorded assessment for said district. Said bonds will be dated the 3rd day of September, 1975or the 31st day after the recording of the assessment, Whichever is later, and shall bear interest at a rate to be determined at the sale thereof, provided, however, that said rate shall be the same for all bonds, shall not exceed the maximum rate of eight peroe~t (8%) per annum. Said bonds and the coupons thereof shall b~ issued substantially in the form authorized for the issuance of bonds under Division 7 of the.. Streets and Highways Code of the State of California, and shall extend over a period ending nine ( 9 ) years from the second day of January next succeeding the next September first following their date, and an even annual proportion of the principal sum thereof shall be payable, by coupon, on the second day of January every year after the next September first following their date, until the whole is paid, and the interest shall be payable semi-annually, by coupon, on the second days of January and July, respectively, of each year following the date of the bonds. BID. Said bonds will be sold for cash only to the bidder whose bid in the opinion of the City Council will best serve the interest of owners of land included in the assessment district. Bids will be accepted on a flat basis, with no requirement of payment of accrued interest and bidders shall state separately the premium, if any, and the rate of interest offered for said bonds. Any premium offered will not be taken into consideration in determining the best bid excerpt for tile purpose of breakihg a tie between two bids stating tho samu net interest cost. ~. bi,~der may off~n~ ~ premium, but such premium will be payable only ;if s{~ch premium is used to break a tie between that bid and ucme o~hcr bid ~r Dids stating the same net interes~ cost. Each bid shall be for the entire amount of the bonds to be issued at a single rate of interest, and any bids for.less than the entire .. amount of said securities or for varying rates of interest will be re- jected. No bid will be considered for less than ninety six (96%).percent of par. Any discount will be based on and considered only as it ~elates to bonds actually issued. PAYMENT. Said bonds and the interest thereon are payable in lawful money of the United States of America at the office of the Ci~ LEGAL OPINION. The unqualified opinion of F, Mackenzie Brown, Attorney{ approving the validity of said bonds will be furnished to the success- ful bidder upon delivery of the securities at the expense of the City, The cost of printing securities will be'paid by the City and will be payable by the successful bidder. SECURITY DEPOSIT. A certified or cashier's check for a sum of ~5,000.00 payable to the order of said city must accompany every bid as a guaranty..,~' that the bidder, if successful, will accept and pay for the securities described in the accepted bid in accordance with the terms of his bid, and said check shall remain in the possession of the City Council until payment for said securities has been received, The City Council reserve~ the right to reject any and all bids The City Council also reseryes the right to disregard insubstantial irregularities and technical defects in bids. AWARD. The bonds will be sold for cash only. All bids must be for not less than all of the bonds hereby offered for sale. Each bidder should state in his bid the total net interest cost in dollars'and the average net interest rate determined thereby, which shall be considered informa- tive only and not a part of the bid, For purpose of this computation, bidders are to assume that the maximum aggregate amount of bonds shall be issued. The City will consider making an action on award on the bonds or rejecti~ all bids at the next regular.meeting of the City Council following the opening of the bids; however, the award may be made after the expiration of the specified time if the bidder shall not have given to said City Council notice in writing of the withdrawal of such proposal. DELIVERY OF SECURITIES. Delivery of said bonds shall be made to the successful bidder at the City Hall, or at any other place agreed upon by the City and the successful bidder. Payment shall be made in oash or Federal Reserve Bank funds. .' TAX EXEMPT STATUS. At any time before the bonds are tendered for de- li%cry, the successful bidder may disaffirm and withdraw the proposal if the interest received by private holders from bonds of the same type and character shall be declared to be taxable income under present federal income tax laws, either by a ruling of the Internal Revenue Service or by a decision of any federal court, or shall be declared tax- able by the terms of any federal income tax law enacted subsequent to the date of this notice. NO LITIGATION CERTIFICATE. At the time of payment for and delivery of said bonds the City will furnish the successful bidder a certifioate that there is no litigation pending affecting the validity of the bonds and certificates. ASSESSMENT DESCRIPTION AND AMOUNTS. Fo£ a description of the respective lots, pieces and parcels of land upon which the several assessments and bonds are issued, and for other information, reference is hereby made to the assessment presently on fi].e in the office of the City Clerk, and upon confirmation to be recorded in the office of. ~he SuperinteBden~ of Streets of said City. BOND REDEMPTION. The bonds further ~.ha[1 provid~ a redemption pre~iu~ of five perc¢]nt (5%) on th~ unmatured principal if the bonds are redeemed or discharged prior to their maturity, DATED:. June 3, 1975 /S/ FLOR~NC~ I. MALONE CITY c~ERK OF THE CITY OF SANTA ANA~ CALIFORNIA -3-