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58R-4514 -- - RESOLU'rIOI NO. 4514 f"....... A RESOLUTION OF THE CITY conCIL OF '!'HE CITY OF ANABEl!: DECLARIliG ITS IlItDTION TO MAKE CERTAIli IlIPROVEMElfi'S URDER _ AUTHORI'l'Y OF THE IMPROlEMD'f ACT OF 1911, DECLARING THE IMPROVEMEITS TO BE HADE, NAlUIG THE STREETS UPON WICK '!'IE IHPROVEMElfl'S..ARE TO BE MADE, CREATIliG Alf J.8SESSMElfT DIS'l'lIC'1' , DECLARING ITS ELECTION TO PliJRCHASE m TOTAL AMOliJNT OF THE ASSESSMENTS, AND DECLARI'HG 'fRAT THE PUBLIC II'fEREST WILL BEST BE SERVEl> BY IOT ALLOWING THE PROPERTY OWNERS TO TAKE '!'HE CONTRACT. WHEREAS, the owners of over 60 per cent of the property oomprising Tract No. 2575, being the owners of Lots 1 through 144, both inclusive, except Lots 24, 31, 34, and 46, of Tract No. 2$75, in the City of Anaheim, have petitioned for improvements, to wit, ornamental .treet lighting, to be installed within said traot; and have requested that the cost of suoh improvements be assessed against an improvement distriot, described as Lots 1 through 144, both inclusive, of Tract No. 2575, said improvements to be installed under the authority of the Improvement Aot of 1911; and ~S, in their petition to the City Counoil of the City of Anaheim, said owners have expressly waived all prooeed- ings under the Special Assessment, In~estigation, Limitation and Majority Protest .lot of 1931; and WHEREAS, after due oonsideration the City Counoil of the City of Anaheim ia of the opinion that the public interest or oonvenience does require that ornamental street lighting be iastalled upon certain streets in the City of Anaheim, as herein- after set forth, and that the contemplated work is of more than local or ordinary benefit to the abutting property owners and is ot benefit to a district, and the public interest will not be served by allowing the property owners to take the contract for the improvement; NOW, THEREFORE, BE 1'1' RESOLVED by the City Council of the City of Anaheim, as follows: 1. Public interest or convenience does require that improvements be made to oertain property in the City of Anaheim, and the City Council of the City of Anaheim does hereby declare its intention to make the following described improvements under the authority of the Improvament Act ot 1911. --- 2. The improvements to be made are the installation of poles, posts, wires, pipes, conduits, tunnels, lamps, and other suitable or necessary appliances tor the purpose of lighting streets; and such im- provements shall be of the ornamental type, from City of Anaheim design No. 730, Standard G31 - B2-6, with Modification No. 14 and L78, or equal, using Pacific Union Metal incandescent fixtures. The lighting project shall oonsist of approximately 26 lighta. Speoific plans and specifioations tor the improvements, Which have been heretofore -1- - -- - ~ approved by the City C~uncil of the City of Anaheim, are on file in the office of the City Clerk of the City of Anaheim, designated "Lighting Assessment District 19$8-1,. and reterenee is hereby made to such plans and specifications as though set forth in full herein. The total esti- mated cost of such imp~ovements, including all incidental expenses, is $12,500.00. The improvements shall be installed within or along the boundaries of Tract No. 2575 in the City of Anaheim upon the following streets within or along the boundaries of such subdivision, to wit: (a) Ninth street (b) Wakefield Avenue (c) Orangewood Avenue ( d) Gail Lane (e) Plargie Lane (f) Tonia Lane (g) Iorma Lane (h) Ja..tte Lane (i) Ricky Avenue 4. It is hereby declared that the improvements are of more than local or ordinary public benerit to the abutting property owners, and the City Council of the City of Anaheim does hereby declare that the district to be benefited by the work is described as follows: 3. All of the lots within Tract No. 2575, being Lots 1 through 144, both inclusive, of Tract No. 2575, in the City of Anaheim, as per map thereof recorded in Book 77, Pages 4 and 5 of Miscellaneous Maps, Records of Orange County, California, the boundaries of such district being contiguous with and tae same as the boundaries of Tract No. 2575; and such district is declared to be the district benefited by the work and to be assessed to pay the cost and expense of the improvements. .'-'- AND BE IT FURTHER RESOLVED that the City Council of the City of Anaheim does hereby declare its election to agree to purchase, out of the General Funds ot the City of Anaheim, an assignment of the warrant assessment and diagram upon delivery thereot to the contractor in accordance with Section 5135 of the streets and Highways Code of the state of California. BE IT FUR'l'HER RESOLVED that the City Council of the City of Anaheim does hereby declare that the public interest will not be served by allowing the property owners to take the contract. BE IT FURTHER RESOLVED that the )rd day of June, 1958, at the hour of 7:00 Of clock P.M., in the Council Chamber of the City Hall in the City of Anaheim, is hereby declared as the day, hour and place, when and where any and all persons having any objections to the proposed work, or to the assessment district, may appear before the legislative body and show cause why the proposed work should not be carried out in accordance with this Resolution of Intention. Protests must be in writing and must -2- - - /""'" oontain a description of the propert~ in which each signer thereof is Interested6 and be deliv.~ed to the City Clerk not later than the time set for the hearing. BE I'f FUR!HBR RESOLVED that the Superintendent of Streets of the Cit~ of Anahei. shall cause notice of the i~rove- _nts and of the pauage of this ResQlution of Intention to be .01Ulpicuousl~ posted along the lines. of the cont6mplated vo~k and along all open streets within the district to be a8sessed, at Dot more than 300 feet apa~t, but not less than three (3) in all, and such posting shall be fully completed at least teD (10) 4a~s before the date set for hearing of protests or objections. !he contents of such notice shall be in conformity with the ~equ1re..nts of the I~rovement Act of 1911. .AID BE 11' F'URTHER RESOLVED that the C1 ty Clerk of the City of Anaheim be, and she is herebY6 directed to give notioe, by mail, of the adoption of this Resolution of Intention to all persons owning real property, which is proposed to be assessed to pay any cost of the part of the work, whose names and addresses appear on the last equalized assessD4nt roll, or as known to the Clerk, such notices to be mailed at least fifteen (15) days prio~ to the date set for hearing of protests; and the City Clerk is further directed to publish a cop~ of this Resolution of In- tention6 at least twice, in the AnAheim Bulletin, a daily news- paper of general circulation, printed, published and circulated in the City of Anaheim, the first of which publications shall be made not less than ten (10) days prior to the date of public hearing as set forth in this Resolution. '!'HE FOREGOING RESOLU'fION is approved and signed by me this 13th day of MaY6 1958. ~~1\idt- '~ A'fBS1': ~J..~iI~ll< ,-... { -3- -- - STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) " jt I, D:ENE M. WILLIAMS, City Clerk of. the City of Anaheim, do hereby certify th~t the. foregoing resoluticn was introduced and adopted at a regUlar, meeting of the City ~ouncil of the ~ity of Anaheim, hel!i on the 13th day of May, 1958, by the following vote of the memPers thereof: AYES: COUNCILMEN:' Pearson. Borden, Fry, ~~hutte and Coons NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FWtTHER CER'rIFY that the Mayor of the City of Anaheim appr3ved and signedc said resolution on the13tli day Of May, 1958. I~ WITNESS WHEREOF, I have hereunto set my hB,Ild and affixed the official seal of the City of Anaheim this 13th day of MV, 1958. . If)~ )rr - )J~ CITY CLERK OF. THE CITY OF ANAHEIM .. (SEAL) .~