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HomeMy WebLinkAboutResolution No. 2187 RESOLUTION NO. 2187 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT OF THE STATE OF CALIFORNIA TO ACCEPT ON BEHALF OF SAID DISTRICT A TRANSFER AND CONVEYANCE OF STORM DRAIN IMPROVEMENTS AND DRAINAGE SYSTEM KNOWN AS STORM DRAIN IN TRACT NO. 20115, CASH CONTRACT NO. S.S. 162, PHASE 1 AND PHASE 2, MISCELLANEOUS TRANSFER DRAIN NO. 203, IN THE CITY OF DOWNEY FOR FUTURE OPERATION, MAINTENANCE, REPAIR AND IMPROVEMENT, AND AUTHORIZING THE TRANSFER AND CONVEYANCE THEREOF THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS: WHEREAS, there have been dedicated unto, or the City of Downey has otherwise acquired, the storm drain improvements and drainage system known as Storm Drain in Tract No. 20115, Cash Contract No. S.S. 162, Phase 1 and Phase 2, Miscellaneous Transfer Drain No. 203, described in Exhibit A, attached hereto; and WHEREAS, the City of Downey is authorized and empowered to transfer and convey unto the Los Angeles County Flood Control District any storm drain improvements and drainage systems for future operation, maintenance, repair and improvement; and WHEREAS, the Board of Supervisors of the Los Angeles County Flood Control District is authorized and empowered under Section 13 -3/4 of the Los Angeles County Flood Control Act, as amended, to accept on behalf of said District a transfer and conveyance of storm drain improvements and drainage systems lying within the territorial boundaries of said District whenever the governing body of any public agency owning or having juris- diction over such storm drain improvements and drainage systems by resolu- tion requests said Flood Control District to accept such improvements and systems, except that such Flood Control District shall not assume or be liable for any bonded indebtedness that may be against such storm drains or drainage systems; and WHEREAS, the best public interest will be served by transfer and con - veyance of the storm drain improvements and drainage system described in Exhibit A, attached hereto, from the City of Downey to the Los Angeles County Flood Control District for future operation, maintenance, repair and improvement. NOW, THEREFORE, BE IT RESOLVED that the City of Downey by and through its City Council does hereby request that the Los Angeles County Flood Cou- trol District accept the transfer and conveyance to said Los Angeles County Flood Control District of the storm drain improvements and drainage system described in said Exhibit A. BE IT FURTHER RESOLVED that, subject to the acceptance thereof by resolution of the Board of Supervisors of the County of Los Angeles, the ex- officio governing body of said Los Angeles County Flood Control District, the City Engineer of the City of Downey is directed and ordered to prepare all necessary instruments and documents, including deed, to effectuate said transfer and conveyance and to obtain the approval thereof of the Chief Engineer of said District, and that the Mayor, acting on behalf of the City of Downey, is authorized and instructed to execute said deed and other instruments and documents. District shall have no obligation or responsibility to maintain said storm drain, improvements and drainage until all rights -of- way for said drain now vested in the City of Downey and all other necessary rights -of -way therefor have been conveyed to and accepted by District. Not - withstanding the foregoing, District may at its sole discretion maintain said improvements and drainage system upon written request by city prior to conveyance of said right -of -way. Said transfer is limited to the drainage structure proper and does not include transfer of responsibility for the repair of paving resulting from backfill failure in public streets. Any liabilities created by construction of the facility remain the responsibility of the property owner of the City of Downey. Reference is hereby made to District Drawings Nos. 275 - 428 -F46.1 to 46.3, the plan and profile of said storm drain improvements and drainage system on file in the office of the City Engineer and on file in the office of the Chief Engineer of said District for further data as to the exact location, extent and description of said storm drain improvements and drainage system. The City Clerk shall certify to the adoption of this resolution. APPROVED AND ADOPTED this 28th day of January , 1969. A LIreA41.4. )1,1,e2 Mayor ATTEST: a G r City Clerk, I HEREBY CERTIFY that the above and foregoing resolution was adopted at a regular meeting of the City Council of the City of Downey held on the 28th day of January , 1969, by the affirmative vote of at least four.fifths of the Councilmen, to wit: AYES: 5 Councilmen: Corbin, Temple, Ferris, Winton, Morton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None City C1 rk