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HomeMy WebLinkAboutResolution No. 2097 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO IMPROVE -- PHLOX STREET IN THE CITY OF DOWNEY, DETERMIN- ING 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 105) WHEREAS, all of the owners of more than 60 percent in area of the property subject to assessment for the proposed improvements hereinafter set forth have signed and filed with the City Clerk a written petition for said improvements and waiver of the Special Assessment Investigation Limitation and Majority Protest Act of 1931; 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 Phlox Street between Paramount Boulevard and a point in Phlox Street 760 feet easterly of the centerline of Paramount Boulevard, Koopman Avenue at its intersection with Phlox Street and the first alley easterly of Paramount Boulevard and parallel thereto between Phlox Street and 191 feet northerly from the centerline of Phlox Street by the clearing, grading, excavating, paving with asphaltic concrete on aggregate base, constructing cement concrete rolled curbs, gutters, cross - gutter, driveway approaches, driveway transitions, alley pavement, adjusting manhole frames and covers and all appurtenant work thereto. That all of the foregoing work shall be done in accor- dance with the profile and improvement plan, No. 3- 23 -40, and any supplemental drawings mentioned thereon, which said profile and improvement plan was adopted by Resolution No. j of the City Council on July 8, 1968, and is on file in the office of the City Engineer of the City of Downey, and in accordance with specification entitled PHLOX STREET which was adopted by Resolution No. ;\ of the City Council on July 8, 1968. 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. 3- 23 -40, and detailed drawings thereon, in the respective locations thereof. Reference hereby is made to the profile and improvement plan, No. 3- 23 -40, for a description of the grades to which all the work and improve- ments 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 pro- ceedings 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 $30,199.31. There shall be contributed by the City to the cost of doing said work the cost of the incidentals (estimated to be $6,969.07) and construction costs in the amount of $3,600.00. - 2 - Contribution by said City shall be paid out of treasury of said City and from the General Fund thereof. 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 pro- poses 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 105, indicating the exterior boundary thereof and show- ing the lots, pieces and parcels of land proposed to be assessed approved by Resolution No. of the City Council on July 8, 1968 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 annum, shall be issued to represent each assess- ment 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 succeeding the next September 1st following their date. Payments on the principal of unpaid - 3 - 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 August 12, 1968 at 7 :30 P.M., in the Council Chamber of said City in the City Hall located at 8425 Second Street, Downey, California 90241 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 indentify 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 at the passage of this Resolution of Intention to be posted conspicuously along the line of the con- templated 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 herein - before 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, w 4 r 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. 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 & 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 August 12, 1968, 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 8th day of July 1968. Mayor ATTEST: y Cf 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 8th day of July, 1968 by the affirmative vote of at least 5 councilmen, to wit: AYES: 5 Council/ma: Corbin, Temple, Ferris, Winton, Morton NOES: 0 Councilmen None ABSENT: 0 Councilmen None C y e r 5