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HomeMy WebLinkAboutResolution No. 2914 RESOLUTION NO.2914 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, DECLARING ITS INTENTION TO IMPROVE ADOREE AVENUE AND OTHER STREETS AND ALLEYS IN THE CITY OF DOWNEY, DETERMINING THAT BONDS SHALL BE ISSUED TO REPRESENT THE COST THEREFOR, DECLAR- ING THE WORK TO BE OF MORE THAN LOCAL OR ORDINARY PUBLIC BENEFIT, AND THAT THE EXPENSE THEREOF SHALL BE ASSESSED UPON A DISTRICT (AD 117) WHEREAS, the City Council of the City of Downey, by Resolution No. 2913 , adopted March 11, 1974, set a hearing, pursuant to Section 17 of Article XIII of the Constitution of the State of California, for April 8, 1974, to determine whether the public convenience and necessity require the improvement; and 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 certain streets and alleys within the City as follows: Adoree Avenue between Paramount Boulevard and Downey Avenue including the intersection of Parrot Avenue with Adoree Avenue to a point 45 feet ±, north of the centerline of Adoree Avenue, by clearing and grading, excavation; construction of Portland cement concrete driveway aprons; preparation of subgrade; construction of asphaltic pavement and cap; adjusting manhole frames and covers. Comolette Avenue between Paramount Boulevard and Downey Avenue by clearing and grading; excavation; removal of Portland cement concrete improvements; construction of Portland cement concrete curbs and gutters, driveway aprons and slabs; preparation of subgrade; construction of asphaltic pavement and cap. Devenir Avenue between Paramount Boulevard and Downey Avenue by clearing and grading; excavation; removal of Portland cement concrete improvements; construction of Portland cement concrete curbs and gutters, cross gutter, driveway aprons and slabs; preparation of subgrade; construction of asphaltic pavement and cap. Puritan Avenue between Paramount Boulevard and Downey Avenue by clearing and grading; excavation; preparation of subgrade; construction of asphaltic pavement and cap. Priscilla Avenue between Paramount Boulevard and Downey Avenue by clearing and grading; excavation; removal of Portland cement concrete improvements; construction of Portland cement concrete curbs and gutters, gutter only, cross gutter, driveway aprons and slabs; construction of asphaltic pavement and cap. Brock Avenue between 45 feet ± north of the centerline of Adoree Avenue and Gardendale Street by clearing and grading; excavation; removal of Portland cement concrete improvements; construction of Portland cement concrete curbs and gutters, gutter only, driveway aprons and slabs; preparation of subgrade; construction of asphaltic pavement and cap. Gneiss Avenue between Adoree Avenue and Gardendale Street by clearing and grading; excavation; removal of Portland cement concrete improvements; construction of Portland cement concrete curbs and gutters, driveway aprons and slabs; preparation of subgrade; construction of asphaltic pavement and cap. West Side of Downey Avenue between Adoree Avenue and Gardendale Street by clearing and grading; excavation; removal of Portland cement concrete improvements; construction of Portland cement concrete curbs and gutters; and all work appurtenant thereto and necessary therefor for each of the above streets. The improvement of alleys within the area bounded by Adoree Avenue on the north; Downey Avenue on the east; Gardendale Street on the south; and Paramount Boulevard on the west, by: clearing and grading; excavation; removal of Portland cement concrete improvements; construction of Portland cement concrete alley gutters, alley intersections and slabs; placing redwood headers; preparation of subgrade; construction of asphaltic pavement and cap; adjusting manhole frames and covers, installation of safety devices, and all work appurtenant thereto and necessary therefor. That all of the foregoing work shall be done in accordance with the profile and improvement plan No. 3 -23 -202, and any supplemental drawings mentioned thereon, which said profile and improvement plan was adopted by Resolution No. 2911 of the City Council on March 11, 1974, 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. 117 which was adopted by Resolution No. 2911 of the City Council on March 11, 1974. The City Council of the City of Downey hereby determines that it is in the public interest and more economical to do work on private property to eliminate any disparity or level in size between the improvement and driveways and house - walks, than to adjust the work on public property to eliminate such disparity, all as provided in Section 5104 of the Streets and Highways Code of the State of California, and subject to the consent of the owners of property first being obtained, such work may be done pursuant to such Section. The work and improvement herein described shall be constructed to the grades, subgrades, and elevations severally shown upon said profile and improvement plan No. 3 -23 -202, and detailed drawings thereon, in the respective locations thereof. Reference hereby is made to the profile and improvement plan No. 3 -23 -202, 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. -2- SECTION 2. The estimated cost of this improvement is $410,000.00. There shall be contributed to the cost of doing said work out of the Treasury of the City of Downey and from the General and Gas Tax Funds thereof the cost of the following items of street construction: (no portion of the following described work done within any alley shall be paid for as a City contribution). Such work shall include the prorata share of incidentals and engineering for construction of, and construction of Portland cement concrete cross gutters, construction of Portland cement gutters, reconstruction of curb and gutter, reconstruction and resurfacing of existing roadway pavement, adjustment of sewer manhole covers and construction of asphaltic pavement except that for the construction of asphaltic pavement each owner will be assessed for the cost of a portion of such pavement on the basis of 25c a square foot for a maximum pavement width of 6 feet. The cost of all work not paid for by the City contribution shall be assessed against the properties as herein provided. 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 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. 117 -B, indicating the exterior boundary thereof, and showing the lots, pieces and parcels of land proposed to be assessed, approved by Resolution No. 2912 of the City Council on March 11, 1974, and on file in the office of the City Clerk. 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 7% 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 succeeding the next September 1st following their date. Payments on the 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. The bonds shall contain a redemption provision providing for a premium of 5% of the unmatured principal. SECTION 4. Notice hereby is given that on April 8, 1974, at 7:30 o'clock 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 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. -3- 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. That it is the opinion of said City Council that the public interest will not be served by allowing the property owners to take the contract for the work to be done under these proceedings. 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 ", 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 April 8, 1974, 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 llth day of March, 1974. / fr 7 Richard M. Jenni s, Mayor r ATTEST: 1;1'1 City Cle 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 llth day of March, 1974, by the Affirmative vote of at least five (5) councilmen, to wit: AYES: 5 Councilmen: Temple, DiLoreto, Winton, Morton, Jennings NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None City Clerk -4-