HomeMy WebLinkAboutResolution No. 3739 RESOLUTION NO. 3739
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DOWNEY, DECLARING ITS INTENTION TO IMPROVE LEEDS
STREET 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 (AD120)
WHEREAS, the City Council of the City of Downey, by Resolution No. 3738
adopted November 13, 1979, set a hearing, pursuant to Section 19 of Article XVI
of the Constitution of the State of California, for December 11, 1979, 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 Leeds Street between Paramount Boulevard and a point 765
feet easterly of centerline of Paramount Boulevard by relocation of utilities,
installation of a fire hydrant, installation of a storm drain and catch basins,
grading, paving, construction of concrete curb and gutter, concrete driveway aprons,
and all appurtenant work necessary for the proper completion of the contemplated
improvements.
That all of the foregoing work shall be done in accordance with the profile
and improvement plan No. AD 120, and any supplemental drawings mentioned thereon,
which said profile and improvement plan was adopted by Resolution No. 3737 of the
City Council on November 13, 1979, and is on file in the office of the City Engineer
of the City of Downey, and in accordance with specifications entitled "Assessment
District No. 120 - Specifications Leeds Street, Paramount Boulevard to 765 feet
easterly" which was adopted by Resolution No. 3737of the City Council on Nov. 13, 1979.
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, house - walks, and
sewers 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 written consent of the owners of property first being
obtained, such work may be done pursuant to such Section, and the cost thereof shall
be added to the assessment of the lot on which the work is done.
The work and improvement herein described shall be constructed to the grades,
subgrades, and elevations severally shown upon said profile and improvement plan
No. AD 120, and detailed drawings thereon, in the respective locations thereof.
Reference hereby is made to the profile and improvement plan No. AD 120, 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 these heretofore
established or existing, or may be, and in some cases are, different from existing
ground levels.
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SECTION 2. The estimated cost of this improvement is $107,400.00.
There shall be contributed to the cost of doing said work in an amount
equal to 85% of the cost of construction of all improvements on Leeds Street
within the limits hereinabove set forth. Any portion of the cost of said work
in excess of said amount shall be assessed upon the district. Contribution by
said City shall be paid out of the treasury of said City, from such funds as
the City Council shall direct.
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. AD 120, indicating
the exterior boundary thereof, and showing the lots, pieces and parcels of
land proposed to be assessed, approved by Resolution No. 3837 of the City
Council on November 13, 1979, 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 herein -
above described street, 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 $150.00 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 redemption provisions of said bond shall contain a provision providing
for a premium of 5% of the unmatured principal.
SECTION 4. Notice hereby is given that on December 11, 1979, at 7:30 p.m.,
in the Council Chamber of said City in the City Hall located at 8425 East
Second Street, Downey, California 90241, 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.
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 y y ow ey 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 Community Development Department of the City of Downey,
whose telephone number is 861 -0361, extension 275, hereby is designated by
the City Council to answer inquiries regarding the hearing procedures for the
Resolution of Intention and to answer inquiries relative to any hearings or
proceedings concerning this project where it is required by statute that such
agency and telephone number be so designated and provided.
SECTION 8. The City Clerk shall cause this Resolution of Intention 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 December 11, 1979 , 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 9. 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 13thday of November, 1979.
)1, C, /l , ; eC, ic�
Kenneth J. Miller, Mayor
ATTEST:
- /2 ( 4/}, /
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 13th day of November,
-" 1979, by the affirmative vote of at least 5 council members, to wit:
AYES: 5 Council Members: Mackaig, Jackman, Swearingen, Greene, Miller
NOES: 0 Council Members: None
ABSENT: 0 Council Members: None
72 1 9 7 4.. - - 7 /
Y City Clerk