Loading...
HomeMy WebLinkAboutResolution No. 3218 i RESOLUTION NO.3218 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, DECLARING ITS INTENTION TO IMPROVE TEXAS STREET, IOWA STREET AND DOLAN AVENUE 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. (Assessment District 109) WHEREAS, the City Council of the City of Downey by Resolution No. 3217 adopted December 8, 1975, set a hearing, pursuant to Section 17 of Article XIII of the Constitution of the State of California, for January 12, 1976, 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 Texas Street between Dolan Avenue and Downey Avenue, Iowa Street between Dolan Avenue and Downey Avenue, and the west side of Dolan Avenue between a point approximately 159 feet south of the centerline of Texas Street and Davis Street, all by clearing and grading, excavation, preparation of subgrade, construction of Portland cement concrete curbs, gutters, sidewalks and driveway aprons, construction of asphalt pavement, adjusting manhole frames and covers and appurtenant work thereto. That all of the foregoing work shall be done in accordance with the profile and improvement plan No. 3 -23 -266, and any supplemental drawings mentioned thereon, which said profile and improvement plan was adopted by Resolution No. 3215 of the City Council on December 8, 1975, and is on file in the office of the City Engineer of the City of Downey, and in accordance with specification entitled A.D. 109, which was adopted by Resolution No. 3215 of the City Council on December 8, 1975. 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 -266, and detailed drawings thereon, in the respective locations thereof. Reference hereby is made to the profile and improvement plan No. 3 -23 -266, 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 pur- suant to this Resolution of Intention. Notice hereby is given that said grades are or may be, in part, new and different from those heretofore es- tablished or existing, or may be, and in some cases, are different from existing ground levels. SECTION 2. The estimated cost of this improvement is $80,000.00 There shall be contributed by the City to the cost of doing said work the cost of reconstruction of existing roadway pavement, adjustment of sewer manhole frames and covers, construction of asphalt pavement on a matching fund basis and the cost of Engineering and Incidentals. The con - tribution by said City shall be paid out of the Treasury of said City and from the General Fund thereof, and it is estimated that the cost of doing said portion to be paid for by the City is $58,000.00. 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. A.D. 109 -B, indicating the exterior boundary thereof, and showing the lots, pieces and parcels of land proposed to be assessed, approved by Resolution No.3216 of the City Council on December 8, 1975, 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 8% per annum, shall be issued to represent each assessment of $50.00 or more re- maining 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 dis- bursed 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 five percent of the unmatured principal. SECTION 4. Notice hereby is given that on January 12, 1976, at 7:30 p.m., in the Council Chambers of said City in the City Hall located at 8425 East Second Street, Downey, California, any and all persons having any objection to the proposed work or improvement, to the extent of the assess- ment district, or both, may appear before the City Council and show cause why the 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 con- spicuously along the line of the contemplated work or improvement and along all the open streets within said district, in the manner and form described 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 im- provement 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 January 12, 1976, 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. -2- 1 I SECTION 8. The City Clerk shall certify to the adoption of this 1 Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED THIS 8th day of December, 1975. • i a t, r \-- G- C \--A ' ,-) ■._ V. \A-' '--- Donald H. Winton, Mayor Pro - Tempore ATTEST: — 7 j rr ; / Y f /7. City Clerk I HEREBY CERTIFY that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Downey 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 f L City Clerk -3-