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HomeMy WebLinkAbout76-054RESOLUTION NO. 76-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING ITS INTENTION TO ORDER THE CONSTRUCTION OF CERTAIN PUBLIC IMPROVEMENTS, TO- GETHER WITH APPURTENANCES AND APPURTENANT WORK IN CONNECTION THEREWITH, IN AN ASSESSMENT DISTRICT; DECLARING 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; FIX- ING 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. 240 (SILVER ACRES) 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 require, and it is the intention of this City the following work and improvement to be done, and convenience Council to order to wit: DESCRIPTION OF IMPROVEMENT The construction of certain public works of improvements, includ- ing clearing and grubbing, grading, curbs and gutters, sidewalks driveway approaches, and certain street work improvements, to- gether with appurtenances and all appurtenant work, including intersection work in ROOSEVELT STREET Street and Euclid Street and between Taft in SILVER DRIVE between Euclid Street and its most westerly terminus and in FIFTH STREET between Euclid Street and its most westerly terminus and in FOURTH STREET between Euclid Street and a point approxi- mately 165 feet east of Cooper Street and in THIRD STREET between Euclid Street and its most westerly terminus and in SECOND STREET between Euclid Street and Maxine Street and in MAXINE STREET between First Street and Fifth Street and in COOPER STREET between Silver Drive and a point approxi- mately 484 feet south of Silver Drive The construction of a drainage improvement in PUBLIC EASEMENT being a westerly prolongation of Fifth Street connecting to Cooper Street RE~OLUTION NO. 76-54 PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS SECTION 2. Ail 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 im- provement, known as ASSESSMENT DISTRICT NO. 240 (hereinafter referred to as the "Assessment District") 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 speci- fications 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. 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 bene- fits 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 de- clares 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 indicat- ing by said boundary line and 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 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 Percent (7%) per annum, shall be issued to represent each assessment of Fifty Dollars ($50.00) or more, remaining un- paid 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 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 RESOLUTION NO. 76-54 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 descrip- tion 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 21st DAY OF JUNE, 1976, 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 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 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 Legisla- ture 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 shall cause to be conspicuously posted along the lines 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, a newspaper of general circulation in said City. The first publi- cation 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 immediately file in the Office of the County Recorder a certified copy of the pro- posed 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. SECTION 13. The total estimated assessable cost of this improvement and these proceedings is $ 192~700.00 For particu- lars, reference is hereby made to the Cost Estimate as approved by this City Council and on file in the Office of the City Engineer. RESOLUTION NO. 76-54 PUBLIC CONVENIENCE AND NECESSITY SECTION 13. The Council proposes 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 (4/5ths) vote of all members thereof, finds and determines that the pub- lic 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 pro- ceedings and limitations of the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931". BOND REDEMPTION SECTION 14. Legislative body hereby further elects to provide that said bonds upon redemption shall provide a premium of five percent (5%) on the unmatured principal and said language shall be added to the redemption clause in the bond form to re- quire the property owner to pay said redemption fund in order to pay and discharge such lien. WORK ON PRIVATE PROPERTY SECTION 15. It is hereby further determined to be in the best public interest and convenience and more economical to do certain work on private property to eliminate any disparity in level or size between the improvement and the private property. The actual cost of such work is to be added to the assessment on the lot on which the work is done and no work of this nature is to be performed until the written consent of the property owner is first obtained. PROCEEDINGS INQUIRIES SECTION 16. For any and all information relating to these proceedings, including information relating to protest procedure and/or information of a procedural or technical nature, your attention is directed to the below listed person at the local agency or department indicated: City of Santa Ana 20 Civic Center Drive Santa Ana, California Attention: John Stevens Director of Public Works Telephone: (714) 834-4931 ACQUISITION SECTION 17. It is hereby further declared and determined to be in the best public interest and convenience and this City Council hereby declares its intention to order the acquisition of all necessary easements and rights-of-way necessary to accomplish these proceedings and to order the works of improvements as covered in this Resolution of Intention for this Assessment District. APPROVED and ADOPTED this ATTEST: CITY CLERK CITY OF SANTA ANA STATE OF CALIFORNIA 17th day of May ~ 1976 STATE OF CALIFORNIA RESOLUTION NO. 76-54 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SANTA ANA ) I, FLORENCE I. MALONE, CITY CLERK and CLERK OF THE COUNCIL of the City of Santa Ana, California, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 76-54 was duly passed and approved and adopted by said City Council, approved and signed by the Mayor, and attested by the City Clerk and Clerk of the Council, all at a__ reKular meeting of said Council held on the l?th day of May , and that the same was passed and adopted by the following vote, to wit: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Yamamoto, Ward, Bricken, Garthe, Brandt None Evans Ortiz, DATED this 17th day of Mayx %976 CITY CLERK AND CLER/K OF THE COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA APPROVED AS TO FORM: KEITH L. GOW CITY ATTORNEY [SEAL]