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HomeMy WebLinkAbout81-119RESOLUTION NO. 81-119 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA DECLARING ITS INTENTION TO ORDER THE CONSTRUCTION OF CERTAIN IMPROVEMENTS IN PROPOSED ASSESSMENT DISTRICT NO. 246 WHEREAS, in accordance with the provisions Section 33-43 et seq. of the Santa Ana Muncipal Code, Section 19 of Article XVI of the California Constitution and Section 2804 of the California Streets and Highways Code, the City Council preliminarily determined by Resolution No.81-117 that the public convenience and necessity require the construc- tion of parking facilities within proposed Assessment District No. 246 and that the Special Assessment Investiga- tion, Limitation and Majority Protest Act shall not apply to the proceedings to be taken by the City Council, pursuant to the Municipal Improvement Act of 1913 and the Improvement Bond Act of 1915; and WHEREAS, the City Council of the C i~ o~ Santa Ana by its Resolution No. 31-118 , adopted Y , 1981, appointed the Department of Public Works to act as Engineer of Work and directed it to do and perform all assessment engineering work necessary in and for the pro- ceedings, including the description of improvements to be constructed, estimate of costs, diagram and assessment; and WHEREAS, the public interest and convenience requires the construction of said improvements; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: Section 1. The foregoing recitals are true and correct and the City Council so finds and determines. Section 2. The public interest and convenience require the construction of the improvements hereinafter described. Section 3. It is the intention of the City Council of the City of Santa Ana to order the work, acquisitions and improvements to be made for an assessment district (herein- after provided for) designated Assessment District No. 246, the exterior boundaries of which are hereinafter specified and described in Paragraph 4 hereof, the work, acquisitions and improvements being as set forth on Exhibit A attached hereto. Except as in this resolution otherwise specifically provided, all the acquisitions shall be made and done pursuant to the Municipal Improvement Act of 1913. Section 4. The City Council hereby declares that the territory within the boundaries hereinafter specified and described is the district to be benefited by the work, RESOLUTION NO. 81-119 acquisitions and improvements to be made and to be assessed to pay the cost and expenses thereof; that the expense of the work, acquisitions and improvements is hereby made chargeable upon the district; and that the exterior bound- aries of the assessment district are hereby specified and described to be as shown on that certain map now on file in the office of the City Clerk of the City of Santa Ana entitled "Proposed Boundaries, Assessment District No. 246, City of Santa Ana," which map indicates by a boundary line the extent of the territory included in the proposed district and shall govern for all details as to the extent of the assessment district. On the original and copy of the map of such assessment district on file in the Clerk's office, the Clerk shall endorse the certificate evidencing the date and adoption of this Resolution. The Clerk shall file the original of such map in her office and, within fifteen days after the adoption of the Resolution fixing the time and place of hearing on the formation and extent of the assessment district, the Clerk shall file a copy of such map so endorsed in the records of the County Recorder, County of Orange, State of California. Section 5. Ail public streets, alleys, easements and ways and all publicly owned property in the assessment district in use in the performance of a public function shall be omitted from the assessment hereafter to be made to pay the cost and expenses of the acquisitions, provided, however, that all property owned by the Community Redevelop- ment Agency within the District shall be assessed. Section 6. Notice is hereby given that serial bonds to represent unpaid assessments, and which bear interest at the rate of not to exceed ten percent (10%) per annum, or the maximum interest rate then permitted by law, payable semiannually, will be issued hereunder in the manner pro- vided by Division 10 of the Streets and Highways Code (the Improvement Bond Act of 1915) and the last installment of such bonds shall mature in not to exceed 24 years from the second day of July next succeeding 10 months from their date. The alternate procedure for collecting assessments and advance retirement of bonds as set forth in Part 11.1 Division 10 of the Streets and Highways Code shall apply herein. Pursuant to Section 8650.1 of said Code, the City Council may determine to issue said bonds so that other than an equal annual proportion of the principal amount shall mature each year. Section 7. The City Council further hereby declares that it is its intention to covenant that, upon default of any assessment payment due and upon written demand of any bondholder affected thereby, it will cause foreclosure proceedings to be brought within 60 days of such demand, as permitted by Section 8830(b) of the Streets and Highways Code. Section 8. The City Council further hereby declares that '~t is its intention to create a special reserve fund to provide for the purchase of tax delinquent property by the City and for other advances contemplated to be made by the City under Part 13 of Division 10 of the Streets and Highways Code, as permitted by Sections 8880-8886 of the Streets and Highways Code. -2- RESOLUTION NO. 81-119 Section 9. The City Council hereby finds and deter- mines that if the assessment proposed herein results in a surplus in the improvement fund to be provided for in the proceedings hereafter taken pursuant to this resolution, after the improvements are acquired, the surplus shall be applied as a credit on the assessment, unless the City Council hereafter otherwise provides by resolution, all in accordance with the provisions of Sections 10427 to 10427.2, inclusive, of the Streets and Highways Code. Section 10. Whenever, in the Municipal Improvement Act of 1913 or in the Improvement Bond Act of 1915 a notice, resolution, order or other matter relative to said pro- ceedings for the work, acquisitions and improvements in said assessment district is required to be published, the City Clerk is hereby ordered to publish such notice, resolution or other matter in the Register, which is hereby selected by the City Council for that purpose. Section 11. The City Council hereby refers the pro- posed acquisitions to the Engineer of Work, and hereby directs the Engineer to make and file with the City Clerk a report in writing containing the matters specified in Section 10204 of the Streets and Highways Code. Section 12. Pursuant to Section 10502.4 of the Streets and Highways Code, the City Council hereby finds that in its opinion, the public interest will not be served by allowing property owners in said proposed assessment district to take a contract for the construction of the improvements and that said property owners may not elect to take such a contract pursuant to Section 10502.2 of said Code. Section 13. The City Council further hereby declares that it is its intention to contribute certain funds of the City to pay a portion of the costs and expenses of the work, acquisitions and improvements. For the particulars of said contribution, reference is made to the Engineer's Report to be filed under these proceedings. PASSED AND ADOPTED by this 20th day of July 1981, by the following vote: AYES: Acosta, Bricken, Griset, Luxembourger, McGuigan, Serrato NOES: Markel ABSENT OR NOT VOTING: None Mayor, City of Santa Ana ATTEST: -3-