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HomeMy WebLinkAboutResolution No. 1626 x'1,00 RESOLUTION NO./ u: L A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWN DECLARING ITS INTENTION TO IMPROVE POMERING ROAD AND OTHER STREETS AND THE CONSTRUCTION or CURBS, GUTTERS, SIDEWALKS, AND PAVEMENT 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 -41) WHEREAS, the City Council of the City of Downey, pursuant to the provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931, being Division 4 of the Streets and Highways Code of the State of California, has held a hearing and adopted a resolution declaring the feasibility of the proposed improvement hereinafter described; scribed, 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: First. The acquisition of the following described rights of way for street purposes: That portion of Lot 22 Tract No. 4236 in the County of Los Angeles, State of California, per map recorded in Book 71, Page 72 of Maps in the Office of the County Recorder of said County described as follows: Beginning at the most Northerly corner of said Lot 22; thence along the Northeasterly line of said Lot South 56 39 10 �� East 111.47 feet to the most Easterly corner of said lot; thence along the Southeasterly line of said Lot South 30° 29' 50" West 10.01 Feet to a line that is parallel with and distant 10.00 feet Southerly, measured at right angles from the Northeasterly line of said Lot; thence along said parallel line North 56° 39 10" West 90.70 feet to the beginning of a tangent curve concave to the South having a radius of 15.00 feet; thence Southwesterly along said curve 24.31 feet through a central angle of 92 51' 00" to a point of tangency with a line that is parallel with and distant 5.00 feet Easterly measured at right angles from the Northwesterly line of said Lot; thence along said parallel line South 30° 29' 50" West 103.07 feet to the Northeasterly line of the Southwesterly 60.00 feet of said Lot; thence along said Northeasterly line North 57° 49 00 �� West 5.00 feet to the Northwesterly line of said Lot; thence along said Northwesterly line North 30° 29' 50" East 128.95 feet to the point of beginning. To be known as Stewart and Gray Road and Pomering Road. 21U Second. The improvement of said right of way so acquired in said existing right of way as follows: Pomering Road between the centerline of Laura Street and the centerline of Stewart and Gra y by Road b clearing, grading, excavation and preparation of subgrade; construc- tion of cement concrete curbs, gutters, sidewalk, driveway aprons; asphaltic concrete pavement on aggregate base, and work appurtenant thereto. Laura Street (North Side) between 125 feet West of g the centerline of Pomerin Road and 180 feet t East of the centerline of Pomering Road by clearing and grading, excava- tion and preparation of subgrade; construction of cement concrete curbs, gutters, cross - gutter, driveway aprons; asphaltic concrete pavement on aggregate base, and appurte- nant work. Stewart and Gray Road (South Side) between 130 feet t West of the centerline of Pomering Road and 145 feet t East of the centerline of Pomering Road by the clearing and grading, excavating, preparation of subgrade, construction of cement concrete curbs, gutters, sidewalk, and asphaltic concrete pave- ment on aggregate base, and work appurtenant thereto. That all of the foregoing work shall be done in accordance with the profile and improvement plan, No. 1- 17 -41, and any supplemental drawings mentioned thereon, which said profile and improvement plan was adopted by Resolution No. of the City Council on September 28 , 1965, and is on file in the office of the City Engineer of the City of Downey, and in accordance with specification entitled "Pomering Road (AD -41)," which was adopted by Resolution No. /(7. of the City Council on September 28 , 1965. 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- 17 -41, and detailed drawings thereon, in the respective locations thereof. Reference hereby is made to the profile and improvement plan, No. 1- 17 -41, for a descrip- tion 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 exist- ing, or may be, and in some cases are, different from existing ground levels. -2- 2 SECTION 2. The estimated cost of this improvement is $27,817.40. There shall be contributed to the cost of doing said work r an amount not t no to exceed the cost of construction of curbs, gutters, sidewalks and paving on that portion of Stewart and Gray Road to be improved hereunder. It is estimated that the cost of such work will be $4,900.00. The cost of doing such work shall be a contribution by the City and shall be paid out of the Treasury of the City from the General Fund thereof. rof. That said ro osed work or improvement in the opinion P P A op o 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 -41, indicating the exterior boundary thereof, approved by Resolution No. ■, of the City Council on September 28 , 1965, 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 hereinabove 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 6 per cent 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 -3- 1433 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 , 1965, at C .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 its 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 Highways Code of the State of California. 24 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 "Southeast News and Downey Champion 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 z›;;T ‘ , 1965, 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 day of , 1965. syor ATTEST: City Clerk I HEREBY CERTIFY that the foregoing resolution was adopted at a ./L.4-4_) meeting of the City Council of the City of Downey held on the Y day of 4.1-V , 1965, by the affirm- ative vote of at least councilmen, to wi P I , 1/4 AYES: -Fr Councilmen: e : -7A G/ NOES: Councilmen: ABSENT: Councilmen: / ./QL." City Clerk -5-