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HomeMy WebLinkAboutCity Council - 4265 RESOLUTION NO. 4265 CITY OF HUNTINGTON BEACH RESOLUTION OF THE CITY COUNCIL DECLARING ITS INTENTION TO ORDER THE CONSTRUCTION OF CERTAIN PUBLIC IMPROVEMENTS , TOGETHER 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 REPRE- SENT SAID COSTS AND EXPENSES ; FIXING 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. 7501 (DUNBAR STREET SEWER AND WATER) THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, STATE OF CALIFORNIA, pursuant to the provisions of the "Improvement Act of 1.911" , being Division 7 of the Streets and Highways Code of the State of California, DOES HEREBY RESOLVE AS FOLLOWS : SECTIO14 1 . That the public interest and convenience re- quire, and .it is the intention of this City Council to order the following work and improvement to be done, to wit: DESCRIPTION OF IMPROVEMENT. The construction and installation of sanitary sewer lines , with house laterals, and domestic water facilities, with house laterals , together with all appurtenances and appurtenant work, including acquisition, where necessary, within that territory with the City of Huntington Beach, California to serve those properties fronting DUNBAR STREET (private street extending easterly from Bolsa Chica Street in the special assessment district in said City known and designated as ASSESSMENT DISTRICT NO. 7501 (DUNBAR STREET SEWER AND WATER) For further particulars , reference is hereby made to the map of the district on file in the Office of the City Clerk. PLANS, PROFILES , DRAWINGS AND SPECIFICATIONS SECTION 2 . All 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 improvements in the Assessment District on file in the Office of the City Engineer of ' said City , and except as otherwise provided on said plans , in fur- ther 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 heretofore approved by the City Coun- cil 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 declares 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 hereby made to said map or plat for a further, full and more particular description of the said Assessment District, and the said neap or plat 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 Six & One-Half_ percent ( 6-1/20 ) per annum, shall be issued to represent each assessment of Fifty Dollars ($50. 00) or more remaining unpaid for thirty (30) days after the date of 2 . 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 the grades as indicated on the aforementioned plans and speci- fications , 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 DAY OF AUGUST, 1976 , AT THE HOUR OF 7: 00 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 INTEN- TION. PROTESTS D1UST BE IN WRITING AND MUST BE DELIVERED TO THE CITY CLERK PRIOR TO THE TIME SET FOR THE 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 Legislature of the State of California, designated the "Improve- ment Act.` of 1911" , being Division 7 of the Streets and Highways Code of the State of .California. NOTICE SECTION 9_. i The Superintendent of Streets of said City shall cause to be conspicuously posted along the line of said 3 . contemplated work or improvement and along all open streets within the Assessment District liable to be assessed for said work, Notices of the passage of this Resolution of Inten- tion 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 HUNTINGTON BEACH NEWS a newspaper of general circulation in said City. The first publi- cation shall be made not less than ten (10) days prior to the elate 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" , being Division 7 of the Streets and Highways Coda 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 proposed boundary map for said Assessment District, in accord- ance 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 . COST ESTIMATE SECTION 13 . The total estimated assessable cost for this improvement and these proceedings is $ 58 ,758 .00 For particulars , reference is hereby rude to the Cost Estimate as approved by this City Council and on file in the Office of the City Engineer. PUBLIC CONVENIENCE AND NECESSITY SECTION 14 . 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 improvement. 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 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 respect to debt limitations of . the "Special Assessment Investigation , Limitation and Majority Protest Act of 1931" . 4 . BOND REDEMPTION SECTION 15 . 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 ownerito pay said redemption fund in order to pay and discharge such lien. PROCEEDINGS INQUIRIES SECTION 16 . For all information relating to the proceed- ings , the hearing procedure , protest procedure, and all matters set forth and contained in this resolution, or any other documents , be the information of a technical or procedural nature, your atten- tion is directed to the below named person and the local agency or department designated: H. E. Hartge Tele. : (714) 536-5431 Superintendent of Streets City of Huntington Beach 2000 Main Street Huntington Beach, California 92648 INVESTIGATION REPORT SECTION 17 . It is further hereby declared that a "Report" has been prepared and filed with the City Clerk, pursuant to the ' provisions of Division 4 of the Streets and Highways Code of the State of California, the "Special Assessment Investigation,Limita- tion and Majority Protest Act of 1931" . Said Report has been approved by this City Council in the manner and form as required by law and open for public inspection. APPROVED and ADOPTED this 28th day of June, 1976 MAYOR CITY OF HUNTINGTON BEACH STATE OF CALIFORNIA ATTEST: CITY CLERK CITY OF HUNTINGTON BEACH STATE OF CALIFORNIA 5 . STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss . CITY OF HUNTINGTON BEACH ) I , ALICIA M. WENTWORTti _ . City Clerk of the City of Huntington Beach, California, DO HEREBY CER`1'IFY that the foregoing Resolution, being Resolution No. 4265 , was duly passed, approved and adopted by said City Council, and signed by the Mayor , and attested by the City Clerk, all atan adjourned regular meeting of said City Council held on the 28th day of June 1976 and that the same was passed and adopted by the following vote, to wit: AYES : COUNCILMEN: Bartlett, Pattinson, Gibbs, Siebert, Shenkman, Wieder NOES : COUNCILMEN: None ABSENT: COUNCILMEN : Coen DATED this 29th day of June 19 76 . C11/ CITY CLERK OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA (SEAL)