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HomeMy WebLinkAboutCC RESO 9238RESOLUTION NO. 9238 RESOLUTION IN RE MODIFICATION OF 1911 PROCEDURE RELATING TO C MPLETION OF PARTIALLY CONSTRUCTED STREETS, ETC. WHEREAS, California Streets and Highways Code, Sec. 5870, et seq., which relates to the construction of curbs, sidewalks, pavements, etc. provides in substance that when more than 50% of the front footage of a block has been con- structed (S&H Sec. 5871), or such construction has been guaranteed by the land owners (S&H Sec. 5876), the legis- lative body of the municipality may cause the remainder of said improvements to be installed and, if the costs of said construction is not paid within a prescribed period of time, such costs may be placed on the next regular tax bill (S&H Sec. 5983), or imposed as an assessment lien (S&H Sec. 5890, et seq); and WHEREAS, many municipalities recognize the fact that although a municipality may determine that the payment of such assessments raay be made on an installment basis (S&H Sec. 5895), quite often municipalities are not in the economic position to make such advancements to cover the full costs of such construction and collect such costs through installment payments from the property owners over a period of several years, and inn ny instances the property owners would have no objection to the installation of such improvements except that they are not in a position to pay such costs in one year; and WHEREAS, although it is a recognized fact that a municipality may force the installation of the remainder of such improvements if over 50% of said improvements are in- stalled or guaranteed to be installed, quite often a munici- pality is reluctant to do so because it recognizes the fact that such action would impose an economic hardship on the property owners affected; and WHEREAS, the legislature of the State of California has apparently attempted to remedy the situation by adopting Streets and Highways Code Sec. 6400 relating to the issuance of bonds; and WHEREAS, it has come to the attention of the City Council of the City of National City that although said Sec- tion 6400 of the Streets and Highways Code provides in sub- stance that the legislative body of any municipality may have serial bonds issued to represent assessments for the cost of the above mentioned construction when said construc- tion is installed pursuant to Streets and Highways Code Sec. 5870, et seq., bonding companies are reluctant to purchase or sell such bonds due to the fact that said sections do not appear to contain sufficient protestationproceedings, curative clauses, validating provisions, statutes of limita- tions and other safeguards to protect the property owners and the bond purchasers as well; and WHEREAS, the City Council of the City of National City believes that if the legislative body of the State of California would add the necessary provisions to Chapter 27, Part 3 of Division 7 of the Streets and Highways Code to protect the property owners affected and insure the validity of the bonds issued pursuant to S&H, Sec. 6400, property owners as well as the municipalities concerned would be in a much better position to complete the construction of side- walks, pavements, etc. on many partially improved streets which presently exist on the many streets throughout the State, thus, greatly reducing traffic hazards which cause numerous vehicular and pedestrian accidents; and WHEREAS, the City Council of the City of National City would like the League of California Cities to support the recommendation of said City Council of the City of National City. NOaW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City as follows: 1. That the said City Council requests the legis- lative body of the State of California to take the necessary legal steps to add the necessary provisions to Chapter 27, Part 3 of Division 7 of the Streets and Highways Code, to provide for sufficient protestation proceedings, curative clauses, validating provisions, statutes of limitations and other safeguards to protect property owners as well as pur- chasers of bonds under Section 6400 of the Streets and High- ways Code. 2. That the League of California Cities is requested to support the recommendation of said City Council. 3. That copies of this Resolution be sent to the local legislative representative of the City of National City and the League of California Cities. PASSED AND ADOPTED this ATTEST: 15th day of November, 1966.