HomeMy WebLinkAbout78-068~ESOLUTION NO. 78-68
RESOLUTION OF THE CITY COUNCIL DECLARING ITS
INTENTION TO ORDER THE CONSTRUCTION OF CERTAIN
PUBLIC IMPROVEMENTS, TOGETHER WITH APPURTE-
NANCES AND APPURTENANT WORK IN CONNECTION THERE-
WITH, IN AN ASSESSMENT DISTRICT; DECLARING THE
WORK OR I~ROVEMENTS 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
TI}~ AND PLACE OF HEARING OBJECTIONS TO SAID
WORK AND IMPROVEMENTS OR TO THE EXTENT OF THE
DISTRICT, OR TO THE PROPOSED GRADES, AND GIVING
NOTICE THEREOF.
CITY OF SANTA ANA
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SANTA ANA
CALIFORNIA, AS FOLLOWS:
DESCRIPTIO~ OF IMPROVEMENT
SECTION 1.
In its opinion, the public interest, convenience
and necessity requires, and it is the intention
of this City Council to order the construction of
certain public works of improvement, together with
appurtenances and appurtenant work in connection
therewith, includinq acquisition where necessary,
in a special assessment district known and desig-
nated as
ASSESS}~NT DISTRICT NO. 242
[LA BONITA/ROSITA]
(hereinafter referred to as the "Assessment District")
under the provisions of the "Improvement Act of 1911",
being Division 7 of the Streets and Highways Code of
the State of California.
PLA~S, 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, be-
tween the points of the dimensions, at the places, and
in the manner shown on the plans, profiles and drawings
for said improvement, 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 specifi-
cations 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, draw-
ings and specifications heretofore approved by this Cit~
Council, 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. 78-68
PAGE TWO
DESCRIPTION OF ASSESS~LES]T 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 said City Council hereby makes the
expenses of said work and improvement chargeable
upon a district, which.said district is hereby de-
clared 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:
All that certain territory, exclusive
of streets and alleys, included within
the exterior boundary line shown upon
the proposed boundary map of said Assess-
ment 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 here-
by made to said map or plat for a further,
full and more particular description of
said Assessment District, and said map or
plat so on file shall govern for all de-
tails as to the extent of said Assessment
District.
DESCRIPTIO~] OF BONDS
SECTION 4.
That Serial Bonds', bearinq interest at the rate of
SIX & ONE-HALF Percent (6.5%) per annum, shall be
iss~ed'~o represent each assessment of Fifty
.Dollars ($50.00) or more, remaininq unpaid for
· thirty (30) days after the date of mailing of
Notices pursuant to Section 5390 of the Streets
and Highways Code of the State of California.
Said Serial Bonds shall extend over a period
ending NINE (9) years from the 2nd
day of January next succeeding the next SeptenfOer
1st following their date. Payments on the prin-
cipal 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 the ~rades 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.
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RESOLUTION NO. 78-68
PAGE THREE
SECTION 6.
SECTION 7.
SECTION 8.
SECTION 9.
SECTION 10.
SECTION 11.
TIME AND PLACE OF HEARING
NOTICE IS HE.~.BY GIVEN THAT ~NDAY , THE
17th DAY OF JULY~ 19~8 '' , AT THE
hOUR OF 7:30 O'CLOCK ' P2M. , 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 $~HY 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
That it is the opinion of this City 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.
IS~ROVEMENT ACT
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", being Division 7 of
the Streets and Highways Code of the State of
California.
NOTICE
The Superintendent of Streets of said City 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 pass-
-age of this Resolution of Intention in the time,
form and manner provided by said Code.
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 REGY~TE~ The
first publication shall be made not less than ten
(10) days prior to the date of the public hearing
stated herein.
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 equa-
lized 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.
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RESOLUTION NO. 78-68
PAGE FOUR
SECTION 12.
SECTION 13.
SECTION 14.
The City Clerk shall also immediately 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 Resolu-
tion of Intention.
COST ESTIMATE
The estimated cost of said work and improvements
is as follows:
Estimated Construction Cost:
Estimated Incidental Expenses:
Total Estimated Cost:
Estimated Contribution:
Balance to Assessment:
$ 250,000.00
$ 76,000.00
$ 326,000.00
$ 163,000.00
$ 163,000.00
WORKS OF IMPROVEMENT
The works of improvement contemplated herein are
described as follows:
The construction of certain street improve-
ments, including grading, paving, curbs and
gutters, driveway approaches,'sidewalks and
street trees, together with appurtenances
and appurtenant work in
SIXTEENTH STREET and PROGRESSO STREET (north
half only) between Euclid Street and La Bonita
Street, and in
LA BONITA STREET between Westminster Avenue
and Progresso Street, and in
SIXTH STREET and SEVENTH STREET between
Euclid Street and Rosita Street.
II.
The construction of certain sidewalk improve-
ments, together with appurtenances on the
southerly side of
FIFTH STREET between Euclid Street and Rosita
Street, including street trees on both side.
III. The installation of street trees in
ROSITA STREET between Hazard Avenue and Fifth
Street.
These improvements will exclude any acceptable improve-
ments in place and the word description above includes
any necessary and appurtenant intersection work neces-
sary to accomplish the above improvements.
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P~ESOLUTION NO. 78-68
PAGE FIVE
SECTION 15.
SECTION 16.
SECTION 17.
SECTION 18.
PUBLIC CONVENIENCE AND NECESSITY
The Cguncil proposes to find and determine on the
hearing provided for herein as authorized pursuant
to Section 17 of Article XIII of the California
Constitution that the public convenience and neces-
sity requires such work and improvement. At said
hearing, the Council will hear objections to the
making of such findings and determination. After
such public hearing, if the Council, by no less
than a four-fifths (4/5) 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 re-
spect to debt limitation or majority protest, and
specifically the proceedings and limitations of the
"Special Assessment Investigation, Limitation and
Majority Protest Act of 1931".
BOND REDEMPTION
This legislative body hereby further elects to pro-
vide that said bonds, upon redemption, shall provide
a premium of five percent (5%) on the unmatured prin-
cipal and said language shall be added to the redemp-
tion clause in the bond form to require the property
owner to pay said redemption premium in order to pay
and discharge such lien.
WORK ON PRIVATE PROPERTY
It is hereby further determined to be in the best pub-
lic interest and convenience and more economical to do
certain work on private property to eliminate any dis-
parity 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
For any and all information relating to these proceed-
ings, including information relating to protest proce-
dure and/or information of a procedural or technical
nautre, your attention is directed to the below listed
person at the local agency or department indicated:
MR. FRANK YANG
ASSOCIATE ENGINEER
CITY OF SANTA ANA
20 CIVIC CENTER PLAZA
SANTA ANA, CALIFORNIA 92701
TELEPHONE: (714) 834-4151
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RESOLUTION NO. 78-68
PAGE SIX
CONTRIBUTION
SECTION 19.
The City Council does intend to contribute one-half
(1/2) the estimated costs of the works of improve-
ment and all incidental expenses for this Assessment
District, and said funds are to be appropriated from
the COMMUNITY DEVELOPMENT BLOCK GRANT [HUD] FUNDS of
said City.
APPROVED and ADOPTED this
MAYOR
CITY OF SANTA ANA
STATE OF CALIFORNIA
ATTEST:
CITY CLERK
CITY OF SANTA ANA
STATE OF CALIFORNIA
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RESOLUTION NO. 78-68
PAGE SEVEN
wi
m ~O~F_D .~K-~SI~Iq~IJF DI_s'T2IK_T ~)~INDAI~¥
RESOLUTION NO. 78-68
PAGE EIGHT
RESOLUTION NO. 78-68
PAGE NINE
STATE OF CALIFORNIA )
COUNTY OF OP~GE ) ss.
CITY OF SA}~TAANA )
I, FLORENCE I. MALONE, City Clerk of the City of SANTA
ANA, California, DO HEREBY CERTIFY that the foregoing
Resolution, being Resolution No. 78-68 , was duly
passed, approved and adopted by s~id City Council, app-
roved and signed by the Mayor, and attested by the City
Clerk, all at a Regul.ar meeting of said City
Council held on the '~h ~ day of June~'1978 ,
and that the Same was passed and adopted by the following
vote, to-wit:
AYES:
Yamamoto, Brandt, Bricken,
COUNCIL~LEN: 0rtiz, Evans, Garthe, Ward
NOES: COUNCILMEN: None
ABSENT: COUNCIL~N: None
Executed this 5th day of June, 1978 , at Santa
Aha, California.
CITY CLERK
CITY OF SANTA ANA
STATE OF CALIFORNIA
[SEAL]