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HomeMy WebLinkAboutResolution No. 1243 Ar- 1 RESOLUTION NO. A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY FOR THE ACQUISITION OF NECESSARY RIGHTS OF WAY AND IMPROVEMENT OF EXISTING STREETS AND SAID RIGHTS OF WAY IN ASSESSMENT DISTRICT NO. 69 (BROOKSHIRE AVENUE AND OTHER STREETS) WHEREAS, the report prepared pursuant to Division 4 of the Streets and Highways Code, said division being the Special Assessment Investiga- tion, Limitation, and Majority Protest Act of 1931, covering the proposed acquisition of necessary rights of way and construction of street improvements under Improvement District No. A.D. 69 (Brookshire Avenue and Other Streets), is on file in the office of the City Clerk of the City Council of the City of Downey, and may be examined at said office; and WHEREAS, said report has been submitted to, and approved by the City Council, and a hearing has been set thereon; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS: SECTION 1. That the public interest, convenience, and necessity re- quire, and it is the intention of the City Council, pursuant to the provisions of Division 12 of the Streets and Highways Code of the State of California, said division being the Municipal Improvement Act of 1913, to order the acquisition of the necessary rights of way and to order work to be done and improvement made all in the City of Downey, State of California, as follows, to wit: First: The acquisition of rights of way for opening, extending, and widen- -- ing Brookshire Avenue and Everest Street, by gift, purchase, or eminent domain proceedings, consisting in general of the following: PARCEL A That portion of land in the City of Downey within the lines of Brookshire Avenue, 80 feet wide, as shown on map filed in Book 4, pages 62 and 63 of Official Maps, in the office of the County Recorder of the County of Los Angeles, State of California. EXCEPTING therefrom, any portion thereof which has been dedicated to the public for street purpose. said parcel to be known as "Brookshire Avenue." PARCEL B That portion of land in the City of Downey within the lines of Everest Street, 45 feet wide, as shown on map filed in Book 4, pages 62 and 63 of Official Maps, in the office of the County Recorder of the County of Los Angeles, State of California. EXCEPTING therefrom, any portion thereof which has been dedicated to the public for street purposes. said parcel to be known as "Everest Street." Second: The improvement of Brookshire Avenue (including right of way to be acquired and existing right of way) between a point 22 feet plus or minus north of the centerline of Imperial Highway and a point 211 feet plus or minus north of the centerline of Everest Street, by clearing, 1G grading, preparation of subgrade, construction of Portland cement concrete curbs and gutters, driveway aprons, cross gutters, con- struction of asphaltic concrete paving with aggregate base, the construction and installation of sanitary sewer main, sewer manholes and sewer house laterals and appurtenant work thereto. The improvement of Everest Street (including right of way to be acquired and existing right of way) between a point 28 feet plus or minus east of the centerline of Downey Avenue and a point 16 feet plus or minus west of the centerline of Birchdale including its common intersection with Brookshire Avenue by clearing and grading, excavation, preparation of subgrade, construction of cement concrete curbs and gutters, cross - gutter, driveway aprons, construction of asphaltic con- crete paving with aggregate base, installation of sanitary sewer main and house laterals, construction of sanitary sewer manholes and work appurtenant thereto. The improvement of Birchdale Avenue between a point 194 feet plus or minus north of the centerline of Everest Street and a point 238 feet plus or minus south of the centerline of Everest Street by clearing and grading, excavation, preparation of subgrade, construction of Portland cement, concrete curb and gutter, cross - gutter, construction of asphaltic concrete paving with aggregate base and work appurtenant thereto. The improvement of Bellder Drive between Everest Street and a point 36 feet plus or minus south of the centerline of Everest Street by clearing and grading, excavation, preparation of subgrade, construction of Portland cement concrete curb and gutter.. construction of asphaltic concrete paving with aggregate base and all incidental and appurtenant work thereto. The improvement of Downey Avenue between a point 49 feet plus or minus north of the centerline of Everest Street and a point 37 feet plus or minus south of the centerline of Everest Street by clearing and grading, excava- tion, preparation of subgrade, construction of Portland cement concrete cross - gutter, construction of asphaltic concrete paving and work appurtenant thereto. The improvement of Imperial Highway between a point 254 feet plus or minus west of the centerline of Brookshire Avenue and a point 277 feet plus or minus east of the centerline of Brookshire Avenue by clearing and grading excavation, preparation of subgrade, construction of Portland cement concrete curbs and gutters, cross - gutter, driveway aprons, construction of asphaltic concrete pavement and cap, aggregate base and work appurtenant thereto. Third: The establishment of the grade of Brookshire Avenue and Everest Street. SECTION 2. That the district to be benefited by said improvement and to be assessed to pay the cost and expense thereof and to be known as the assessment district shall be that part of the City of Downey having exterior boundaries as shown on a map of the district, being map No. AD 69 approved by Resolution No. of said City Council adopted September 24, 1963, which map is on file in the office of the City Clerk. Reference hereby is made to the map for a full and complete description of the assessment district, and the map shall govern for all details as to the extent of the assessment district. The estimated cost of construction and acquisition for the project herein described is $218,132.37. There shall be contributed by the City of Downey from the treasury thereof, out of the general fund and other applicable and appropriate funds thereof, towards the cost and expense of the improvement herein described the sum of $114,388.98. 18 SECTION 3. This proposed improvement hereby is referred to the Director of Public Works of said City, and said Director of Public Works hereby is directed to make and file with the Clerk of the Council a report in writing presenting the following: (1) Plans and specifications of the proposed improvement. (2) An estimate of the cost of the proposed improvement, including the cost of acquiring the necessary rights of way and of the incidental expenses in connection there- with. (3) A diagram showing the assessment district above referred to, which diagram also shall show the boundaries and dimensions of the subdivisions of land within the district as the same existed at the time of the passage of the Resolution of Intention, each of which subdivisions shall be given a separate number upon said diagram. (4) A proposed assessment of the total amount of the cost and expenses of the proposed improvement upon the several subdivisions of land in said district in proportion to the estimated benefits to be received by such subdivisions, respectively, from said improvements. Said assessment shall refer to such subdivisions upon said diagram by the respective numbers thereof. SECTION 4. That it hereby is determined and declared that serial bonds shall be issued in accordance with Division 7, Streets and Highways Code, said division being the Improvement Act of 1911, to represent each assessment of $50.00 or more remaining unpaid for thirty days after the date of the recording of the diagram and assessment for this improvement. The serial bonds shall extend over a period ending nine years from the 2nd day of January next succeeding the next September 1st following their date. The principal sum shall become due and payable in equal annual pay- ments on the 15th day of each October succeeding the next September 1st following their date until fully paid. The first interest payment shall be payable on the 15th day of April next succeeding the March 1st or the 15th day of October next succeeding the September 1st, as the case may be, next following the date of the bonds. The following interest payments each shall be for six months interest and shall be payable on each 15th day of April and October, the last interest payment coming due the October 15th before the last annual payment of the principal. The bonds shall bear interest at a rate to be determined on the sale thereof provided, however, that said rate shall not exceed the maximum rate of six per cent per annum. SECTION 5. That if the assessment for this improvement results in a surplus in the improvement fund after the improvement is completed, the surplus shall be refunded or credited prorata to the parties assessed as follows: Where the assessment or any installment has been paid in cash, such credit shall be returned in cash to the owner of the land upon which the assessment was levied as such owner appears from the last equalized assessment roll at the time the refund is made; where the assessment or any installment is unpaid, the credit shall be applied upon such assess- ment for the earliest unpaid installment or installments of principal and interest. 1Ft88 SECTION 6. 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 24th day of September, 1963. ` / Mayor ATTEST: 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 24th day of September, 1963, by the following vote: AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: City Clerk