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HomeMy WebLinkAboutResolution No. 448 • 643 • RESOLUTION NO. &! . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO IMPROVE DEMPSTER AVENUE AND PRICHARD STREET IN THE CITY OF DOWNEY, DETERMINING THAT • BONDS SHALL BE ISSUED TO REPRESENT THE COST THEREFOR, DECLARING THE WORK TO BE OF MORE THAN LOCAL OR ORDINARY PUBLIC BENEFIT, AND THAT THE EXPENSE THIMEOF SHALL BE ASSESSED UPON A DISTRICT WHEREAS, the owners of more than 60% in area of the property subject to being assessed for the proposed improvement of Dempster Avenue between Downey Avenue and Golden Avenue, and Prichard Street between Laureldale Avenue and a point 115 feet i easterly of the easterly line of Dempster Avenue, all 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 writ- ten petition for said proposed improvement and a waiver of the pro- visions of Division 4 of the Streets and Highways Code of the State of California, which said division is known as the "Special Assess- ment 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: the improvement of: Dempster Avenue between Downey Avenue and Golden Avenue, and Prichard Street between Laureldale Avenue and a point 115 feet - easterly of the easterly line of Dempster Avenue in the City of Downey, by the construction of Portland cement con- , crete sidewalks and appurtenant work thereto. That all of the foregoing work shall be done in accordance with the profile and improvement plan, No. 1- 11 -77, and any supple - mental drawings mentioned thereon, which said profile and improvement plan was adopted by Resolution No. 4 of the City Council on July 14, 1959, and is on file in the office of the City Engineer of the City of Downey, and in accordance with specification entitled -1- 64 "Assessment District No. 42 - Dempster Avenue" which was adopted by Resolution No. 4 ' of the City Council on July 14, 1959. SECTION 2. The estimated cost of this improvement is $5,000.00. That said proposed work or improvement, in the opinion of 7 the City Council of the City of Downey, is of more than local or ordinary public benefit, and the Council hereby proposes that the district in the City of Downey to be benefited by said work or im- provement and to be assessed to pay the cost and expenses thereof is shown on that certain plan or map, No. 1 -6 -17, indicating the exteri- or boundary thereof, approved by Resolution No. 4447 of the City Council on July 14, 1959, and on file in the office of the City Engi- neer. Said plan or map hereby is referred to and shall govern for all details as to the extent of the assessment district. The assess- ment district includes, in general, the lots and parcels of land abutting upon or contiguous to the hereinabove described streets, but reference hereby is made to said plan or map for all details as P"'"1 to the extent of said assessment district and for any variation be- tween the last mentioned general description and the extent of the assessment district as shown on the plan or map. All public streets or alleys, or portions thereof, hereby are excepted from said dis- trict. 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 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 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 I be disbursed by him or as provided in the Improvement Act of 1911 hereinafter referred to. SECTION 4. Notice hereby is given that on August 25, -2- 845 1959, at 8 :00 otclock A.M., in the Council Chamber of said city in the City Hall located at 8425 Second Street, Downey, California, any and all persons having any objection to the proposed work or improve- ment, to the extent.of the assessment district, or both, may appear before the City Council and show cause why the proposed work or im- provement should not be carried out in accordance with this Resolu- tion of Intention. Protests must be in writing,,must contain a de -, scription of the property sufficient to identify it, and must be de- , livered to the City Clerk not later than the hour set for hearing. SECTION The Superintendent of Streets immediately shall 5 cause notice of the passage of this Resolution of Intention to be posted conspicuously along the line of the contemplated work or im- provement and along all the open streets within said district, in the manner and form prescribed by law. 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. SECTION 6. The City Council of the City of Downey, in making the improvement and in doing the work prescribed herein, elects to proceed under and in accordance with the provisions of the Improvement Act of 1911, being Division 7 of the Streets and High- ways 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 pub- lished twice in the "Downey Live Wire," a newspaper published and circulated in the City of Downey, the first of which publications shall be not less than ten (10) days prior to August 25, 1959, the date of said hearing, and which hearing shall be not less than fifteen (15) , nor more than sixty (60) days after the date of adop- tion of this resolution. -3- • SECTION 8. The City Clerk shall certify to the adoption of this resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this loth day of July, 1959. / /g( ` Mayor I AZT: Aif 1111 /9 Cit Clerk I HEREBY CERTIFY that the foregoing resolution was adopted at meeting of the City Council of the City of Downey held on e 14th day of July, 1959, by the affirmative vote of at least councilmen, to wit: AYES : Counc ilme� - 44"71- 0 NOES: Councilmen ABSENT: Councilmen r\ 4%('? 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