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HomeMy WebLinkAboutResolution No. 256 350 RESOLUTION NO. e6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA DECLARING ITS INTENTION TO. IMPROVE DEMPSTER AVENUE AND PRICHARD STREET WITHIN THE CITY OF DOWNEY AND DETERMINING THAT BONDS SHALL BE ISSUED TO REPRESENT THE COST THEREFOR, AND DECLARING THE WORK TO BE OF MORE THAN LOCAL OR ORDINARY PUBLIC BENEFIT AND THAT THE EXPENSE THEREOF SHALL BE ASSESSED UPON A .DISTRICT, AND RESCINDING RESOLUTION NO. 251. WHEREAS, the owners of more than 60% in area of the property subject to being assessed for the proposed improvement of Dempster Avenue between Golden Avenue and Down Avenue, and Prichard Street between Laureldale Avenue and a point 306 feet easterly of Laureldale Avenue in the City of Downey, as such proposed improvement is described hereinafter, have signed and filed with the Clerk of the legislative body of the City of Downey, a written petition for said proposed improvement and a waiver of the provisions of Division 4 of the Streets and Highways Code of the State of- California, which said division is known as "The Special Assessment Investigation, Limitation, and Majority Protest Act of 1931", all in accordance with the provisions of Section 2804 of said Code, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY 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 Downey to order the following work to be done, to wit: improve Dempster Avenue between Golden Avenue and Downey Avenue, and Prichard. Street between Laureldale Avenue and a point 306 feet - easterly of Laureldale Avenue by the grading, preparing of subgrade, and paving with asphaltic concrete, construction of concrete curbs, cross- gutters and gutters, construction of sewer laterals, and appurtenant work thereto, all •"." within the City of Downey. The estimated cost of the improvement is $30,000.00. All of the foregoing work shall be done in accordance with the profile and improvement plan No. 1-9 -10 and any supplemental drawings mentioned thereon, which said profile and improvement plan was adopted by the City Council on May 26, 1958, by. Resolution No. 249, on file in the office of the City Engineer of said City and in accordance with specifications entitled 'City of Downey, Cali- fornia, Specifications, Assessment District No. 3, Dempster Avenue Street Improve.. ment" as adopted by the City Council of said city on the 26th day of May, 1958, by Resolution No. 249. The work and improvement herein described shall be constructed to the grades, subgrades, and elevations severally shown upon said profile and improvement plan No. 1 -9 -10 and detailed drawings thereon in the respective locations thereof, to which profile and improvement plan reference hereby is made for description of the grades to which all the work and improvements under this Resolution of In- tention shall be done, which said grades are hereby adopted and established as the official grades therefor, for all purposes in connection with the proceedings pursuant to this Resolution of Intention; notice hereby is given that said grades are or may be, in part, new azd- different from those heretob established or existing, or may be, and in some cases are, different from existing ground levels. SECTION 2. That said proposed work or improvement in the opinion of the City Council of the City of Downey is of more than local or ordinary public benefit, and said Council hereby proposes that the district in the City of Downey, to be benefited by said work or improvement and to be assessed to pay the cost and ex- pense thereof, is shown upon a certain plan or map approved by the City Council on May 26, 1958 by Resolution No. 250, indicating the exterior boundary thereof, which said plan or map is on file in the office of the City Engineer and is marked No. 1- 11 -52. Said plan or map hereby is referred to and shall govern for all details as to the extent of said assessment district. Said assessment district includes, in general, the lots and parcels of land abutting upon or contiguous to said hereinabove described streets, but reference hereby is made to said plan or map for all details as to the ext nt of said assessment district and for any variation between the last mentioned general description and the extent of said assessment A 351 district as shown on said plan or map. All public streets or alleys, or portions thereof, hereby are excepted from said district. SECTION 3. That serial bonds bearing interest at the rate of 6% per annum shall be issued to represent each assessment of $50.00 or more remaining unpaid for 30 days after the date of the warrant. Said serial bonds shall ex- tend over a period ending 9 years from the second day of January next succeed- ing the next October 15th following their date. Payments on the principal of unpaid assessments and interest shall be made by property owners to the City ,.., Treasurer and the sums shall be disbursed by him or as provided in the " mprove- ment Act of 1911" hereinafter referred to. SECTION 4. Notice hereby is given that on July 14, 1958 at the hour of 8 : P.M., in the Council Chambers in the City Hall of said City of Downey, situated at 8425 Second Street in said City, any and all persons having any objections to the proposed work or improvement, to the extent of the assessment district or both, may appear before the City Council and show cause why the said proposed work or improvement, should not be carried out in accordance with said Resolution of Intention. Protests must be in writing, contain a descrip- tion of the property sufficient to identify the same, and must be delivered to the Clerk not later than the hour set for hearing. SECTION 5. The Superintendent of Streets immediately shall cause to be conspicuously posted along the line of said contemplated work or improvement and also along all the open streets within the said district, notice of the passage of this Resolution of Intention in the manner and form prescribed by law. F The City Clerk hereby is directed to mail notices, in the manner and form prescribed by law, of the adoption of this resolution to all persons owning real property in the hereinbefore described assessment district, whose names and addresses appear on the last equalized assessment roll for city taxes or as known to the City Clerk. r-� SECTION 6. The City Council of the City of Downey, in making the im- provement and in doing the work prescribed herein, elects to proceed under and in accordance with the provisions of the "Tmprovement Act of 1911 ", being Division 7 of the Streets and Highways. Code of the State of California. SECTION 7. The City Clerk shall certify to the adoption of this Resolution of Intention and shall cause the same to be published twice in the "Downey Livewire", a newspaper published and circulated in the City of Downey, the first of which publications shall be not less than 10 days prior to July 14, 1958 the date of said hearing, and which hearing shall not be less than 15, nor more than 60 days after the date of adoption of this resolution. SECTION 8. Resolution No. 251 is hereby rescinded. SECTION 9. The City Clerk shall certify to the adoption of this resolution and thenceforth and thereafter the same shall •e in full force and effect. APPROVED AND ADOPTED THIS 3 DAY. OF , 1958. 1 ate` - R5\046 Mayor ATTES V � � / /, City Cl rk I hereby certify that the foregoing resolution was adopted at a m- t'ng of the City. Council of the City of Downey held on the day of , 1958 by the following vote of Counci • \ AYES: Councilmen: / ID 0 NOES: Councilmen: / ABSENT: Councilmen: Woz.,--r,-(__ { -� City Cl rk