HomeMy WebLinkAboutResolution No. 1257 9
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
Investigation, 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 (Brook-
shire 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
require, 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
filled 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,
4
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 man-
holes 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 concrete 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, con-
struction 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, con-
struction 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, excavation, preparation of subgrade, construction of
Portland cement concrete cross - gutter, construction of asphaltic con-
crete 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, crossgutter, 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 in the office of the
City Clerk. Reference hereby is made to the map for a full and com-
plete 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.
A. , J--
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 toward the cost and expense of the im-
provement herein described that portion of the cost and expense of
said work and improvement resulting from the acquisition of right
of way on Brookshire Avenue and the improvement of such right of way
and existing right of way on Brookshire Avenue between a point 22
feet ± north of the center line of Imperial Highway and a point 211
north of the center line of Everest Street. Said contribution shall not
exceed the sum of $114,388.98.
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, includ-
ing the cost of acquiring the necessary rights of way and of
the incidental expenses in connection therewith.
(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 sub-
- divisions 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 High-
ways 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 improve-
ment. 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.
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SECTION 5. After completion of the improvement and the payment
of all claims from the improvement fund, the legislative body shall
determine the amount of the surplus, if any, remaining in the improve-
ment fund by reason of the assessment and any supplemental assessment
levied for said improvement and shall use such funds as a credit upon
the assessment and any supplemental assessment in the manner provided
-- in Section 10427.1 of the Streets and Highways Code of the State of
California.
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 5th day of November, 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 5th
day of November, 1963, by the following vote:
AYES: Councilmen:
NOES: Councilmen:
ABSENT: Councilmen:
City Clerk