HomeMy WebLinkAboutResolution No. 3217 RESOLUTION NO. 3217
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DOWNEY SETTING A HEARING FOR THE PURPOSE OF
DETERMINING WHETHER OR NOT THE PUBLIC CONVENIENCE
AND NECESSITY REQUIRE THE IMPROVEMENT OF TEXAS STREET,
IOWA STREET AND DOLAN AVENUE IN THE CITY OF DOWNEY.
(Assessment District 109)
WHEREAS, Section 17 of Article XIII of the Constitution of the State
of California provides that the debt limitation and majority protest
provisions of said section shall not apply if, after the giving of such
reasonable notice by publication and posting and the holding of such public
hearing as the City Council of the City of Downey shall have prescribed,
said Council by no less than a 4 /5ths vote of all members thereof, finds and
determines that the public convenience and necessity require the improve-
ment proposed to be made; and
WHEREAS, Section 2804 of the Streets and Highways Code of the State of
California provides that the `Special Assessment Investigation, Limitation
and Majority Protest Act of 1931" shall not apply to any proceeding other-
wise subject thereto when said improvement proceedings is by a charter city
and said city has complied with the provisions of Section 17 of Article
XIII of the Constitution of the State of California; and
WHEREAS, the City of Downey is a charter city of the State of California;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS
FOLLOWS:
SECTION 1. That the City Council proposes to initiate proceedings for
the improvement of Texas Street, Iowa Street and Dolan Avenue, all within the
City of Downey, by constructing concrete curbs, gutters, sidewalks, driveway
aprons and asphaltic pavement and appurtenant work thereto. The nature,
location, and extent of the proposed improvement and the district to be
assessed for the cost and expenses thereof are as shown, respectively, on
the plan and profile No. 3 -23 -266, adopted on December 8, 1975, by Resolution
No. 3215 of the City Council of the City of Downey; assessment district map
No.AD 109 -B, adopted on December 8, 1975, by Resolution No. 3216 of the
City Council; and in accordance with specification entitled Assessment
District No. 109 adopted on December 8, 1975, by Resolution No.3215 of the
City Council. Said plan and profile, assessment district map, and specifica-
tion now are on file in the offices of the City Engineer and the City Clerk
of the City of Downey, and reference is made to said documents for all
particulars relative thereto.
SECTION 2. That the total estimated cost of the proposed improvement is
$80,000.00.
SECTION 3. That this improvement shall be conducted under the Improvement
Act of 1911, which is Division 7 of the Streets and Highways Code of the State
of California.
SECTION 4. That notice hereby is given that there shall be a public
hearing before the City Council on the 12th day of January, 1976, at 7:30 p.m.
in the Council Chambers located in the City Hall of the City of Downey, for the
purpose of determining whether the public convenience and necessity require
the above described improvement.
SECTION 5. That the City Clerk shall give notice of the hearing by posting
a copy of this resolution in the manner prescribed by Section 5065 of the Streets
and Highways Code and by publication as hereinafter provided. At any time not
later than the hour set for the hearing, any interested person may file with
the City Clerk a written protest against the public convenience and necessity
of the proposed improvement, in the manner provided by Section 5220 of the
Streets and Highways Code.
SECTION 6. That the City Clerk hereby is directed to publish this
resolution in the "Southeast News" on two successive dates, the first
publication to be not less than ten (10) days prior to the date of the I
above public hearing.
SECTION 7. 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 December, 1975.
` ik„
Donald H. Winton, Mayor Pro - Tempore
ATTEST:
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city Clerk
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
December, 1975, by the affirmative vote of at least four Council Members
to wit:
AYES: 4 Council Members: Scotto, Jennings, Greene, Winton
NOES: 0 Council Members: None
ABSENT: 1 Council Members: DiLoreto
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City Clerk