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HomeMy WebLinkAboutResolution No. 1104 1706 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO IMPROVE DONOVAN STREET AND BIRCHDALE AVENUE 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 THEREOF SHALL BE ASSESSED UPON A DISTRICT (AD 71) WHEREAS, the City Council of the City of Downey by Resolution No. adopted r, 1963, ordered the preparation of a Debt Limit Report relative to the doing of the work and the assessment of the costs as set forth herein; and WHEREAS, said Debt Limit Report thereafter was submitted to the City Council and by Resolution No. adopted 1963, was approved. 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 Donovan Street between the center line of Brookshire Avenue and the center line of Birchdale Avenue by the excavation, grading, construc- tion of cement concrete curbs, gutters, cross gutters, asphaltic concrete pavement, and asphaltic concrete on aggregate base and the construction of a concrete cross - gutter on the westerly side of Birchdale Avenue between 44.49 feet 4 northerly of the center line of Donovan Street and x'5.52 feet t southerly of the center line of Donovan Street, and all appurtenant work thereto. That all of the foregoing work shall be done in accordance with the profile and improvement plan, No. 1- 14 -38, and any supple- mental drawings mentioned thereon, which said profile and improve- ment plan was adopted by Resolution No. of the City Council on ;' , 1963, and is on file in the office of the City Engineer of the City of Downey, and in accordance with specification entitled "Assessment District No. 71" (Donovan Street and Birchdale Avenue) which was adopted by Resolution No. of the City Council on %vy. , 1963. 110/ The work and improvement herein described shall be con- structed to the grades, subgrades, and elevations severally shown upon said profile and improvement plan, No. 1- 14 -38, and detailed drawings thereon, in the respective locations thereof. Reference hereby is made to the profile and improvement plan, No. 1- 14 -38, for a description of the grades to which all the work and improvements under this Resolution of Intention shall be done, which said grades hereby are adopted and established as the official grades therefor, for all purposes in connection with the roceedins pursuant t p g p 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 existing ground levels. SECTION 2. The estimated cost of this improvement is $11,632.27. There shall be contributed to the cost of doing said work and making the improvement her einabove described by the City of Downey, and the Treasurer shall pay out of the general fund of said City, the sum of $4,000.00. 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 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 shown on that certain plan or map, No. AD 71, indicating the exterior boundary thereof, approved by Resolution No. of the City Council on r , 1963, and on file in the office of the City Engineer. Said plan or map hereby is referred to and shall govern for all details as to the extent of the assess- ment 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 -2- 17 and for any variation between the last mentioned general descrip- tion 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 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 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 May 13, 1963, at 7:30 p. 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 conspicuously 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 of the City of Downey 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 -3- 1709 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 Highwasy 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 May 13, 1963, the date of said hearing, and which hearing shall be not less than fifteen (15) , nor more than sixty (50) 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 47' day of , 1963. / Mayor ATTEST: City Clerk I HEREBY CERTIDY 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 March, 1963, by the following vote: AYES: 5 COUNCILMEN: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 ABSENT: 0 City Clerk -4-