HomeMy WebLinkAboutResolution No. 3267 RESOLUTION NO. 3267
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 ORANGE STREET IN THE
CITY OF DOWNEY.
(A.D. No. 119)
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 pre-
scribed, 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 improvement 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 pro-
ceeding otherwise subject thereto when said improvement proceeding 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 Orange Street all within the City of Downey, by the
construction of concrete curbs, gutters, driveway aprons, asphalt concrete
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. 1- 14 -31, adopted on April 12, 1976, by Resolution No. 3265 of
the City Council of the City of Downey; assessment district map No.
A.D. 119 -B, adopted on April 12, 1976, by Resolution No. 3266 of
the City Council; and in accordance with specification entitled A.D. 119
adopted on April 12, 1976, by Resolution No. 3265 of the City
Council. Said plan and profile, assessment district map, and specifications
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 parti-
culars relative thereto.
SECTION 2. That the total estimated cost of the proposed improvement
is $33,000.00.
SECTION 3. That this improvement shall be conducted under the Im-
provement 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 10th day of May, 1976, at 7 :30 p.m.,
-- in the City 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 and Downey Champion on two
successive dates, the first publication to be not less than ten (10)
days prior to the date of the 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 12th day of April , 1976.
/
H. el N. Scotto, Mayor
ATTEST:
7 l, } ' � Z
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
12th day of April , 1976, by the affirmative vote of at
least four Council Members, to wit:
AYES: 4 Council Members: Greene, Jennings, DiLoreto, Scotto
NOES: 0 Council Members: None
ABSENT: 1 Council Members: Winton
City Clerk