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HomeMy WebLinkAboutResolution No. 1304 1C80 RESOLUTION NO. / ( o A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO CONSTRUCT STREET IMPROVEMENTS ON RUTGERS 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 17) WHEREAS, the City Council of the City of Downey has ordered a Debt Limit Report for the improvements and acquisition hereinafter described; and WHEREAS, said report has been submitted to the City Council of the City of Downey and approved by said City Council; and WHEREAS, the City Council is desirous of having said work done; 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: (a) The acquisition of right of way for the opening and improvement of Rutgers Avenue as shown on that certain drawing designated AD 17R approved and adopted by Resolution No. / / - -1,/ of the City Council of the City of Downey on December 24, 1963. (b) The improvement of Rutgers Avenue as so acquired between the centerline of Foster Road and 130 feet • south of the centerline of Adoree Street by excavation and preparation of subgrade; construction of Portland cement concrete curbs, gutters, driveway aprons, and cross gutter; construction of asphaltic concrete pavement on aggregate base; construction of sanitary sewer main line, house laterals, and manholes, and work appurtenant thereto. (c) The improvement of the north side of Foster Road between 45 feet • west of the centerline of Rutgers Avenue and the centerline of Stanbridge Avenue by the construction of sanitary sewer main line and manhole; excavation, backfilling and paving with asphaltic concrete pavement on aggregate base and construction of Portland cement concrete cross- gutter with work appurtenant thereto. -2- 82 That all of the foregoing work shall be done in accordance with the profile - 6- and improvement plan,No. 1 16 20, and any supplemental drawings mentioned thereon, which said profile and improvement plan was adopted by Resolution No. / ,. c / of the City Council on December 24, 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. 17 (Rutgers Avenue)" which was adopted by Resolution No. / a/ of the City Council on December 24, 1963. 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- 16 -20, and detailed drawings thereon, in the respective locations thereof. Reference hereby is made to the profile and improvement plan, No. /3z2/ , 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 proceedings 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 existing ground levels. SECTION 2. The estimated cost of this improvement is $51,220.99. There shall be contributed to the cost of doing of said work in an amount not to exceed $2,300.00 the cost of two inches of excavation and the cost of installation of two inches of aggregate base. Any portion of the cost of said work in excess of $2,300.00 shall be assessed upon the district. 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 -3_ 1c 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 17B, indicating the exterior boundary thereof, approved by Resolution No. of the City Council on December 24, 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 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 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 5% per annum, shall be issued to represent each assessment of $50.00 or more remaining unpaid for thirty days after the mailing of the notice by the contractor as provided in Section 5390 of the Streets and Highways Code. Said serial bonds shall extend over a period ending nine years from the second day of January next succeed- ing the next September 1st following their date. Payments on the principal of unpaid assessments and interest shall be made by prop- erty 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 February 10, 1964, at 8:00 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 - 4 - s 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 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 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 days prior to February 10, 1964, the date of said hearing, and which hearing shall be not less than fifteen, nor more than sixty 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. -5_ -, . k5 APPROVED AND ADOPTED this 24th day of December, 1963. 4 Mayor ATTEST: City Cleft I HEREBY CERTIFY that the foregoing resolution was adopted at a , meeting of the City Council of the City of Downey held Ori the 24th day of December, 1963, by the affirmative vote of at least \.� " councilmen, to wit: r _ - ( t2 -tom AYES: Councilmen :j‘ rw �'- ''`�'� c,, NOES: Councilmen: ABSENT: Councilmen: r \ City Clerk -6-