Loading...
HomeMy WebLinkAbout79-109RESOLUTION NO. 79-109 RESOLUTION OF THE CITY COUNCIL DECLARING ITS INTENTION TO ORDER THE CONSTRUCTION OF CERTAIN PUBLIC IMPROVEMENTS, TOGETHER WITH APPURTEN- ANCES AND APPURTENANT WORK IN CONNECTION THERE- WITH, IN AN ASSESSMENT DISTRICT; DECLARING THE WORK OR IMPROVEMENTS TO BE OF MORE THAN ORDI- NARY 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 IMPROVEMENTS OR TO THE EXTENT OF THE DISTRICT, OR TO THE PROPOSED GRADES, ~/qD GIVING THE NOTICE THEREOF. (A.D. 243 - SANTA ANITA SOUTH) NOW, THEREFORE, IT IS.HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA CALIFORNIA, AS FOLLOWS: DESCRIPTION OF IMPROVEMENT SECTION 1. In its'opinion, the public interest, convenience, and necessity require, and it is the intention of this City Council to order the construction of cer- tain public works of improvement, together with appurtenances and appurtenant work in connection therewith, including acquisition where necessary, in a special assessment district known and designa- ted as ASSESSMENT DISTRICT NO. 243 SECTION 2. (hereinafter referred to as the "Assessment Dis- trict'') under the provisions of the "Improvement Act of 1911," being Division 7 of the Streets and High- ways Code of the State of California. PLANS, PROFILES, DRAWINGS, AND SPECIFICATIONS 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 improvement on file in the Office of the City Engineer of this City, and except as otherwise provided on said plans, in further accord- ance with the specifications for the construction of said improvements, said specifications being on file in the Office of the City Clerk of this City, and to which plans, profiles, drawings, and specifications heretofore approved by this City Council, reference is hereby made for a further, full, and more particu- lar description of the said work, and they shall govern as to all details. RESOLUTION NO. 79-109 SECTION 3. SECTION 4. SECTION 5. DESCRIPTION OF ASSESSMENT DISTRICT That the said contemplated work of improvement, in the opinion of this City Council, is of more than loc- al or ordinary public benefit, and of such a nature that the costs and expenses may be assessed in pro- portion 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 declared 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 pro- posed boundary map of said Assessment District heretofore approved by this City Council, indicating by said boundary line the extent of the territory included with- in 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 said Assessment District, and said map or plat so on file shall govern for all details as to the extent of said Assessment Dis- trict. pESCRIPTION OF BONDS That Serial Bonds, bearing interest at the rate of SEVEN Percent ( 7 %) per an- num, shall be issued to represent each assessment 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 of the State of California. Said Serial Bonds shall extend over a period ending NINE ( 9 ) years from the 2nd day of January next succeed- ing the next September 1st 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 "Im- provement Act of 1911," hereinafter referred to. GRADES 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 con- templated 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. -2- RESOLUTION NO. 79-109 SECTION 6. SECTION SECTION 8. SECTION 9. SECTION 10. SECTION 11. SECTION 12. TIME AND PLACE OF HEARING NOTICE IS HEREBY GIVEN THAT MONDAY , THE _~ DAY OF . AUGUST 1979 , AT THE HOUR OF 7:30 O'CLOCK P.M. , IN THE COUNCIL CHAM- ~ERS LOCATED IN THE CITY HALL, ANY AND ALL PERSONS HAVING OBJECTIONS TO THE PROPOSED WORK OF IMPROVE- MENT, OR TO THE EXTENT OF THE ASSESSb~NT 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. PRO- TESTS MUST BE IN WRITING AND MUST BE DELIVERED TO .THE CITY CLERK PRIOR TO THE TIME SET FOR THE HEARING. P_RIVATE 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. IMPROVEMENT 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 of improvement, and along all open streets within the District liable to be ass- essed for said work, Notices of the passage of this Resolution of Intention, in the time, form, and man- ner 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 REGISTER The first publica%i~n shall be made not less than ten (10) days prior to the date of the public hearing stated here- in. The City Clerk is directed to mail Notices of the adoption of this Resolution of Intention to all per- sons owning real property proposed to be assessed, whose names and addresses appear on the last equal- ized 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 Cal- ifornia. The City Clerk shall also immediately file in the Office of the County Recorder a certified copy of the proposed boundary map for the Assessment Dis- trict, in accordance with the provisions of Section 4.5 of the Streets and Highways Code of the State -3- RESOLUTION NO. 79-109 SECTION 13. SECTION 14. SECTION 15. SECTION 16. SECTION 17. of California, said filing to be within fifteen (15) days of the adoption of this Resolution of Inten- tion. COST ESTIMATE The total estimated assessable cost of this improve- ment and these proceedings is $359,280.00 For particulars, reference is hereb~ made to th~ Cost estimate as approved by this City Council and on file in the office of the City Engineer. WORKS QF IMPROVEMENT The works of improvement contemplated herein are described as follows: The construction of certain street im- provements, including grading, paving, curbs and gutters, street trees, side- walks, and drainage improvements, to- gether with appurtenances and appurtenant work, in a special assessment district in the CITY OF SANTA ANA, said special assessment district being hereinafter designated as ASSESSMENT DISTRICT NO. 243, and for particulars as to the exact .location and extent of the works of im- provement, reference is made to the plans as previously adopted by this City council. PUBLIC CONVENIENCE AND NECESSITY The Council 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 nec- essity require 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 there- of, finds and determines that the public convenience and necessity require such improvement, it may or- der such improvement without further proceedings in this respect to debt limitation or majority pro- test, and specifically the proceedings and limi- tations of the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931." BOND REDEMPTION This 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 require the property owner to pay said redemp- tion premium in order to pay and discharge such lien. WORK ON PRIVATE PROPERTY It is hereby further determined to be in the best -4- RESOLUTION NO. 79-109 public interest and convenience and more economica~ to do certain work on private property to eliminate any disparity in level or size between the improve- ment 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 18. For any and all information relating to these pro- ceedings, including information relating to protest procedure and/or information o~ a procedural or tech- nical nature, 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 CONTRIBUTION SECTION 19. The C~ty Council does intend to contribute one-half (1/2) of the estimated costs of the works of improve- ment and all incidental expenses for this Assess- ment District, and said funds are to be appropriated from the COMMUNITY DEVELOPMENT BLOCK GRANT [HUD] of said City. APPROVED and ADOPTED this 16th day of .. July, 1979 ATTEST: STATE OF CALIFORNIA -5- RESOLUTION NO. 79-109 STATE OF C~LIFORNIA ) COUNTY OF ORANGE ) Ss. CITY OF S~/qTA ;INA ) I, B. J. THOMPSON, Acting City Clerk of the City of Santa Ana, California, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 79-109, was duly passed, approved, and adopted by said City Council, approved and signed by the Mayor, and attested by the Acting City Clerk, all at a regular meeting of said City Council held on the 16th' d~y of July , 1979, and that the same was passed and adopted by the"f611owing v~-~e, to-wit: AYES: NOES: ~SENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Griset, Luxembourger, Markel, Serrato, Ward, Yamamoto None Bricken EXECUTED this 16th Santa Aha, California.~ "' day of July , 1979, at CITY Or S TA ANA STATE OF CALIFORNIA APPROVED AS TO FORM: CITY ATTORNEY [SEAL]