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HomeMy WebLinkAbout71-65 - Intention to Order Work and Setting Hearing - Improvement District 20RESOLUTION NO. 71-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE CLEARING AND GRUBBING, REMOVAL OF OBSTRUCTIONS, EXCAVATION, CONSTRUCTION OF ASPHALT CONCRETE PAVEMENT AND CONCRETE GUTTER, ADJUSTING SEWER MANHOLES, RELOCATING WOOD FENCE, REMOVING AND REPLACING CONCRETE DRIVEWAYS, TOGETHER WITH APPURTENANCES AND APPURTENANT WORK IN L AN ALLEY BETWEEN MAGNOLIA STREET AND BROADWAY FROM TUSTIN AVENUE TO RAYMOND AVENUE, DECLARING THE WORK TO BE OF MORE THAN LOCAL OR ORDINARY PUBLIC BENEFIT, AND DESCRIBING THE DISTRICT TO BE BENEFITED BY SAID WORK AND TO PAY THE COSTS AND EXPENSES, AND FIXING THE TIME AND PLACE FOR HEARING OBJECTIONS TO SAID WORK. The City Council of the City of Costa Mesa, 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 resolve as follows: SECTION 1. That the public interest and convenience require, and it is the intention of the City Council of the City of Costa Mesa, California, to order the following work to be done, to wit: DESCRIPTION OF WORK The clearing and grubbing, removal of obstructions, excavation, construction of asphalt concrete pavement and concrete gutter, adjusting sewer manholes, relocating wood fence, removing and replacing concrete driveways, together with appurtenances and appurtenant work in an alley between Magnolia Street and Broadway from Tustin Avenue to Raymond Avenue. PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS SECTION 2. All of the said work and improvement 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 the construction of said improvements in an alley between Magnolia Street and Broadway from Tustin Avenue to Raymond Avenue, consisting of 2 sheets, 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 Specifications hereinbefore approved by the City Council of said City, reference is hereby made for a further, full and more particular description of said work. DESCRIPTION OF ASSESSMENT DISTRICT SECTION 3. That the said contemplated work and improvement, in the opinion of the said City Council, is of more than local or ordinary public benefit, and the said City Council hereby makes the expense of the said work and improvement chargeable upon a district, which said district the said City Council hereby declares to be the district benefited by said work and improvement and to be assessed to pay the costs and expenses thereof, and which district is described as follows: All of that certain territory in the City of Costa Mesa, California, exclusive of streets, alleys and easements, included within the exterior boundary line shown upon that certain plat, Exhibit "A", consisting of one page, attached to and forming a part of the Investigation Report prepared and filed under the provisions of the "Special Assessment, Investigation, Limitation and Majority Protest Act of 1931", Division 4 of the Streets and Highways Code of the State of California, heretofore, approved by the City Council of the City of Costa Mesa on the 2nd day of August, 1971, 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 of the City of Costa Mesa. 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 the said assess- ment district. CHANGE IN WORK SECTION 4. The Superintendent of Streets is hereby authorized to make change orders in work without the necessity of hearing and said change orders shall be in writing and shall not exceed the limitations as set forth in Section 5236 of the Streets and Highways Code. DESCRIPTION OF BONDS SECTION 5. That serial bonds bearing interest at the rate of seven (7) percent per annum shall be issued to represent each assessment of Fifty ($50.00) Dollars or more, remaining unpaid for thirty (30) days after the date of the recordation of the warrant. 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, all as provided in the "Improvement Act of 1911," hereinafter referred to. The redemption provisions of said bonds shall require the payment of a premium of 5 percent of the unpaid principal and the words "together with a premium of 5 percent of said unpaid principal" shall be added after the redemption clause in the bond form of the bonds issued. The Treasurer of the City of Costa Mesa shall retain the first 1 percent penalty as cost of servicing any delinquency and the bonds shall provide for said 1 percent in accordance with Section 6442 of the Streets and Highways Code. TIME AND PLACE OF HEARING SECTION 6. NOTICE IS HEREBY GIVEN that on the 4th day of October, 1971 at the hour of Six -thirty (6:30) o'clock p.m., in the Council Chamber of the City Council, in the Costa Mesa City Hall, located at 77 Fair Drive, in said City of Costa Mesa, any and all persons having any 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 required, 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. IMPROVEMENT ACT SECTION 7. That all of the work herein proposed shall be made and done and carried through in pursuance of an act of the Legislature of the State of California, designated "Improvement Act of 1911," being Division of the Streets and Highways Code of the State of California. PUBLICATION OF RESOLUTION OF INTENTION SECTION 8. The Orange Coast Daily Pilot, a daily newspaper, printed, 1 published and of general circulation in the City of Costa Mesa, California, J is hereby designated as the newspaper in which this Resolution of Intention shall be published by the City Clerk, in the manner and form provided by law, and for making all other publications in the proceedings under this Resolution of Intention. 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 assess- ment roll for County taxes, all in the manner and form provided for under Section 5070, 5193.1, 5194 and 5195 of the said "Improvement Act of 1911" of said Streets and Highways Code. L POSTING OF NOTICE OF IMPROVEMENT SECTION 9. The Superintendent of Streets of the City of Costa Mesa shall cause to be conspicuously posted 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. INVESTIGATION REPORT SECTION 10. That the written report of the Assessment Engineer on the proposed improvements herein described and prepared pursuant to the provisions of the "Special Assessment, Investigation, Limitation and Majority Protest Act of 1931," being Division 4 of the Streets and Highways Code of the State of California, is on file in the office of the City Clerk of the said City and is open to public inspection. ESTIMATE OF THE TOTAL COST OF THE PROPOSED WORK SECTION 11. The estimated total cost of the proposed work is $10,613.35. The amount to be contributed to the said work by the City of Costa Mesa is the sum of $1,061.33. The City Council further finds and declares that the public interest and convenience require, that certain grade adjustments and improvements be made upon private property, pursuant to Section 5104 Streets and Highways Code to eliminate disparity in level between the improvements provided for herein and driveways upon private property, all of which the plans and drawings for Assessment District No. 20 and the City Council of the City of Costa Mesa declares its intention upon written consent of the owners of the properties in question to perform works of improvement in accordance with the authorizations of said section. PASSED AND ADOPTED by the City Council of the City of Costa Mesa, California, at a regular meeting thereof held on the 7th day of September, 1971, by the following roll call vote, to wit: AYES: Councilmen: Wilson, Jordan, St. Clair, Hinkley NOES: Councilmen: None ABSENT: Councilmen: Hammett JGB�� Mayor of the City of Costa Mesa ATTEST: City Clerk of the of Costa r a 1,30 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF COSTA MESA ) I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Resolution No. 71-65 was duly and regularly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting thereof held on the 7th day of September, 1971. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa, this 8th day of September, 1971. City Clerk and ex -officio Clerk the City Council of the City of Cos Mesa i J