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HomeMy WebLinkAboutResolution No. 1040 1609 RESOLUTION NO. j G'/ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO IMPROVE EUCALYPTUS STREET AND BIRCHDALE AVENUE BY THE CONSTRUCTION OF CEMENT CON- CRETE CURBS, GUTTERS, CROSS- GUTTERS, AND ASPHALTIC CON - `zik. CRETE PAVING IN THE CITY OF DOWNEY, AND DETERMINING THAT BONDS SHALL BE ISSUED TO REPRESENT THE COST THEREOF, DECLARING THE WORK TO BE OF MORE THAN LOCAL OR ORDINARY PUBLIC BENEFIT, AND THAT THE EXPENSE THEREOF SHALL BE ASSESSED UPON A DISTRICT (AD 79) WHEREAS, the City Council of the City of Downey ordered the preparation of a Debt Limit Report; and WHEREAS, the same was submitted to the City Council and approved thereby and said Council has determined that the project is feasible and necessary; 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 clearing, grading, and excavation and construction of cement concrete curbs, gutters, cross - gutters, asphaltic concrete pavement on aggregate base, and all appurtenant work thereto, in and along: (1) Eucalyptus Street between the intersection of said .� Eucalyptus Street and Birchdale Avenue, and a point 670 + feet westerly of the centerline of Brookshire Avenue; (2) The westerly half of Birchdale Avenue between a point 184 + feet southerly of the centerline of Eucalyptus Street and a point 102 * feet northerly of the said centerline of Eucalyptus Street. That all of the foregoing work shall be done in accordance with the Profile and Improvement Plan No. 1 -15 -13 and any supplemental drawings mentioned thereon, which said profile and improvement p an was adopted by Resolution No. %`x,23 of the City Council on a if , 1962, and is on file in the office of the City Engineer f f the City of Downey, and in accordance with the specification entitled "Assessment District No. 79 - Specifications - For the Construction of Improvements on Eucalyptus Street & Birchdale Avenue," wl/Lch was adopted by Resolution No. ,iii, t f of the City Council on , 1962. 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 -15 -13 and the detailed drawings therein, in the respective locations therefor. Reference hereby is made to the Profile and Improvement Plan above described for a description of the grades ..... to which all work and improvements under this Resolution of Intention shall be done, which said grades hereby are adopted and established as the official grades therefor, and for all purposes in connection with the pro- ceedings pursuant to this Resolution of Intention. Notice hereby is given that said grades are or may be, in part, new and different from those heretofore established or existing, or may be, and in some cases are, different from the existing ground levels. 1610 SECTION 2. The estimatec cost of this improvement is ,62-6 7, %`5Y:i.� The City of Downey proposes to contribute an amount equal to the incidental costs of the improvement proposed as such costs are defined in Section 5024 of the State and Highways Code of the State of California. It is estimated that the amount to be contributed by the City, as above described, will be $5190.73. At such time as the precise amount of said proposed public aid is determined and as specified and provided in said Improvement Act 1911, the Treasurer of the City shall pay the same out of the treasury of the City out of the general fund thereof. That the 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 the 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 expenses thereof is as shown on that certain plan or map No. AD 79 indicating the exterior boundary thereof, as ap- proved by Resolution No. ,/ 2/ '-- of the City Council on l _,% %'✓ /6- , 1962, and on file in the office of the City Engineer. Said pk' or map hereby is referred to and shall govern for all details as to the extent of the assessment district. The assessment district includes, in general, the lots and parcels of land abutting upon or contiguous to the herein - above- described streets, but reference hereby is made to said plan or map for all details as to the extent of said assessment district, and for any variation between the last mentioned general description and the extent of the assessment 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 67 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 September 1st 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 Improvement Act of 1911 hereinafter referred to. = SECTION 4. Notice hereby is given that on , .:� " 1962, at J 2 /f . 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 improvement, to the extent of the assessment district, or both, may appear before the City Council and show cause why the proposed work or improvement should not be carried out in accordance with this Resolution of Intention. Protests must be in writing, must contain a description of the property sufficient to identify it, and must be delivered to the City Clerk not later than the hour set for hearing. SECTION 5. The Superintendent of Streets immediately shall cause notice of the passage of this Resolution of Intention to be posted con- spicuously along the line of the contemplated work or improvement 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 of Downey. 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, 1 611 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 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 ' , 1962, 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 adoption of this resolution. 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 llth day of September, 1962. Mayor ATTEST: J , i / '. 9 L // City Clerk I HEREBY CERTIFY that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Downey held on the llth day of September, 1962, by the affirmative vote of at least councilmen, to wit: AYES: ,23 Councilmen: % .,� , L�^Jf ✓���f��zs J�r�"''7L� /1 �� / +� NOES: Councilmen: ABSENT: Councilmen: i A A I / City C erk