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HomeMy WebLinkAbout4661 .., CITY OF ARCADIA RESOLUTION NO. 4661 RESOLUTION DECLARING INTENTION TO ORDER THE CONSTRUCTION OF CERTAIN IMPROVEMENTS TOGETHER WITH APPURTENANCES AND APPURTENANT WORK IN CONNECTION THEREWITH IN A PROPOSED ASSESSMENT DISTRICT PURSUANT TO THE TERMS AND PROVISIONS OF THE "MUNICIPAL IMPROVEMENT ACT OF 1913"; DECLARING THE WORK TO BE OF MORE THAN LOCAL OR ORDINARY BENEFIT AND DESCRIBING THE DISTRICT TO ~E ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF; DETERMINING LIQUIDATED Dk~GES; AND PROVIDING FOR THE ISSUANCE OF BONDS. ASSESSMENT DISTRICT NO. 76-1 (CENTRAL AREA STREET AND PARKING UiPROVEHENTS) THE CITY COUNCIL OF THE CITY OF ARCADIA STATE OF CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The public interest and convenience require, and it is the intention of this body, pursuant to the provisions of Div~sion 12 of the Streets and Highways Code of the State of California (the "Municipal Improvement Act of 1913~) to order the construction of certain improvements, together with.appurtenances and appurtenant work, in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 76-1 (CENTRAL AREA STREET AND PARKING HiPROVEMENTS) (hereinafter referred to as the "Assessment District"). DESCRIPTION OF I~~ROvEMENT A. The construction .of certain public works of improvement, together with appurtenances.and appur- tenant work in connection therewith in certain public streets and rights-of-way in. the Assessment District and for further particulars reference is hereby made to Exhibit "A" attached hereto, incorporated and so referenced. FOr further particulars, reference is hereby made to a map of said Assessment District pre- viously adopted by this body and on file in the Off~ce of the City Clerk. B. Said streets and highways are more particu- larly shown .in the records of the Office of the County Recorder and shall be shown upon the plans herein re- ferred to and to be filed with these proceedings. C. All of said work and improvements are to be constructed at the places and in the particular loca- tions, of the forms, sizes, dimensions and materials and at the lines, grades and elevations as shown and delineated upon the plans,' profiles and specifica- tions to be made therefor, as hereinafter provided. -1- 4661 D. The description of the improvements and the termini of the work contained in this Resolution are general in nature. All items of work do not neces- sarily extend for the full length of the description thereof. The plans and profiles of the work as con- tained in the Engineer's Report shall be controlling as to the correct and detailed description thereof. E. Whenever any public way is herein referred to as running between two public ways, or from or to any public way, the intersections of the public ways referred to are included to the extent that work shall b~. shown on the plans to be done therein. F. Notice is hereby given of the fact that in many cases said work and improvement will bring the finished work to a grade different from that for- merly existing, and that to said extent said grades are hereby changed and said work will be done to said changed grades. DESCRIPTION OF ASSESSMENT DISTRICT SECTION 2. That said improvement and work is of direct benefit to the properties and land within the Assessment District and the City Council of this City hereby makes the expenses of said work and improvement chargeable upon .a'district, which said Assessment District is hereby declared to be the District bene- fited by said work and improvement and to be assessed to pay the cOsts and expenses thereof, including incidental expenses and costs, and which is described as follows: All that certain territory situated in the City of ARCADIA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, included within the exterior boundary lines shown on the plat exhibiting the property affected or benefited by or to be assessed to pay the costs and expenses of said work and improvement in the Assessment District, .said map titled and identified as .PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 76-1" and which' said map was heretofore approved and which said map or diagram is on file in the Office of the City Clerk, EXCEPTING from the area shown within and delineated upon said map or plat hereinabove referred to, the area of all public streets, public avenues, public lanes, public roads, public'drives, public courts, public alleys and all easements and rights-of-way therein con- tained belonging to the public. For all particulars as to the boundaries of the Assessment District, reference is hereby made to said boundary map of the said Assessment District, the said plat and proposed boundary map on file shall govern. REPORT OF ENGINEER SECTION 3. This proposed improvement is hereby referred to CHESTER N. HOI'TARD .the appointed Superintendent of Streets and said Superintendent of Streets is hereby directed to make and file the report in writing containing.the following: -2- 4661 " .' A. Plans and specifications of the proposed improvemen ts; B. An estimate of the cost of the proposed works and improvement, including the cost of the incidental expenses in connection therewith; C. A diagram showing the Assessment District above referred to, which shall also show the boun- daries and dimensions of the respective subdivisions of land within said Assessment District, as the same existed at the time of the passage of the Resolution of Intention, each of which subdivisions shall be given a separate number upon said Diagram; D. A proposed assessment of the total amount of the assessable costs and expenses of the proposed improvement upon the several divisions of land in proportion to the estimated benefits to be received by such subdivisions, respectively, from said improve- ment. Said assessment shall refer to such subdivi- sions upon said Diagram by the respective numbers thereof; E. The description of works of improvement to be constructed under these proceedings. When any portion or percentage of the costs and expenses of the improvements is to be paid from sources other than assess- ments, the amount of such portion or percentage shall first be deducted from the total estimated costs and expenses of said work and improvements, and said assessment shall include only the re- mainer of the estimated costs and expenses. Said assessment shall refer to said subdivisions by their respective numbers as assigned pursuant to Subdivision D of this Section. BONDS SECTION 4. Notice is hereby given that serial bonds to represent the unpaid assessments, and bear interest at the rate of not to exceed Eight Percent (8\1 per annum, will be issued here- under in the manner provided in the "Improvement Bond Act of 1915", being Division 10 of the Streets and Highways Code of the State of California, the last installment of which bonds shall mature a maximum of and not to exceed TWENTY-FOUR years from the second day of July next succeeding ten (101 months from their date. The provisions of Part 11.1 of said Act, providing an alternative pro- cedure for the advance payment of assessments and the calling of bonds shall apply. The principal amount of the bonds maturing each year shall be other than an amount equal to an even annual proportion of the aggregate principal of the bonds, and the amount of prin- cipal maturing in each year, plus the amount of interest payable in that year, will be generally an aggregate amount that is equal each year, except for the first year's adjustment. -3- 4661. "MUNICIPAL IMPROVEMENT ACT OF 1913" - - -SECTION 5. Except as herein otherwise provided for the issuance of bonds, all of said improvement and acquisition, if necessary, shall be made and ordered pursuant to the provi- sions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California. SURPLUS FUNDS SECTION 6. If any excess shall be realized from the assessment, it shall be used, in such amounts as the City Council may determin~, in accordance with the provisions of law, for one or more of the following purposes: A. Transfer to the general fund of the City, provided that the amount of any such transfer shall not exceed the lesser of One Thousand Dollars ($l,OOO) or five percent (5%) of the total amount expended from the improvement fund; B. As a credit upon the assessment and any supplemental assessment; or C. For the maintenance of the improvement. SPECIAL FUND SECTION 7. The legislative body hereby establishes a special fund designated "If.IPROVE~mNT FUND FOR ASSESSMENT DISTRICT NO. 76-1 (CENTRAL AREA STREET AND PARKING IMPROVEMENTS)' into which funds may be transferred at any time to expedite the making of the improvement herein authorized and said-funds are a loan and shall be repaid out of the proceeds of the sale of assessments as authorized by law. PRIVATE CONTRACT SECTION 8. Notice is hereby given that; in the opinion of the City Council, the pUblic interest will not be served by allowing the property owners to take the contract for_the con- struction of the improvements and that, pursuant to Section 10502.4 of the Streets and Highways Code, no notice of award-of contract shall be published. GRADES SECTION 9. Notice is her-eby given that the grade to which the work shall be done is to be shown on the plans and pro- files therefor, which-grades may vary from-the existing grades. The work herein contemplated shall be done_ to-the grades as indi- cated on the plans and specifications for a description of the grade at which the work is to be done. Any objections or pro- tests to the proposed grade shall be made at the public hearing to be conducted under these proceedings. D~~GES FOR DELAY SECTION 10. In the event the work is not completed within the time limit specified in the contract or ~ithin such further time as may be extended, the City shall charge the con- tractor liqu~dated damages in the net amount of Two Hundred Pifty Dollars {$250J for each day ~f delay until the work is completed. -4- 4661 PROCEEDINGS INQUIRIES SECTION 11. For any and all information relating to these proceedings, including information relating to protest procedure, all notices, resolutions, affidavits and/or certi- ficates, your attention is directed to the below designated person at the agency or department indicated: MR. LEWIS C. POLLARD ASSISTANT CITY MANAGER for Economic Coordination CITY OF ARCADIA 240 WEST HUNTINGTON DRIVE ARCADIA, CALIFORNIA 91006 TELEPHONE: (213) 681-2076 PUBLIC CONVENIENCE AND NECESSITY SECTION 12. That this City Council proposes to find and determine at the Public Hearing, provided for herein, that the public convenience and necessity require the work and improvement. At said Public Hearing, the City Council will hear objections to the making of such finding and determination. After said Public Hearing, if the City Council, by no less than a four-fifths (4/5) vote of the full legislative body, finds and determines that the public convenience and necessity require the work and improvements for the Assessment District, it may order such improvements to be made without further proceedings in this respect to any debt limi- tation or majority protest. This action and determination is pur- suant to the provisions of Section 2804 of the Streets and Highways Code of the State of California, being the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931", and in accordance with the provisions of Section 17, Article XIII of the Constitution of the State of California, and by said finding this City Council intends to fully meet the intent and requirements of said law. MAYOR CITY STAT tember 1977 . APPROVED and ADOPTED this ~~~~, C I CLERK CITY OF ARCADIA STATE OF CALIFORNIA ,~ 4661 -5- EXHIBIT "A" CITY OF ARCADIA ASSESSMENT DISTRICT NO. 76-1 (CENTRAL AREA STREET AND PARKING IMPROVEMENTS) The work to be performed under these proceedings for this Assessment District consists of the renovation and construction of public parking areas and public access ways at the points and places gen- erally as shown on the proposed boundary map as previously adopted by this City Council. For a general description and location of the works of improvement, reference is hereby made to a reduced map attached hereto. The renovation and construction more specifically consists of re- movals, relocation, construction, and installation as shown in detail on the plans to be presented for the works of improvement in this Assessment District. A general description is as follows: 1. Removal of curbs, gutters, concrete sidewalk, asphaltic concrete paving, landscaping, concrete paving and a catch basin; 2. Relocation of fire hydrants, utility boxes, gas vents, meters, manholes and vaults, light standards and trees; 3, Construction of concrete curb, concrete gutter, concrete sidewalk, concrete driveway aprons, landscape planter areas, treewells, electrical conduit, irrigation systems, wall and asphaltic concrete including base; 4. Installation of lighting standards and fixtures, landscape irrigation and paving striping. The city Council further declares its intention to acquire certain property necessary in order to accomplish the works of improvement as proposed under this Assessment District, and for further parti- culars, reference is made to the area as shown on the proposed boundary map and the descriptions as to be included in the Engineer's Report for these proceedings. .-' / i' / .7 " ::-< '- ~ '-,-l=_ ,," .fi I I ~ --. , f T-' , r~""'_ / -.. " L' / , .' " ..... I . , , . > . 0: "-. . , ',' , . , , . . 110' ;' "..,./ '-('-'I"f' , I ,. 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Q --..--. 0-1--.' ~ =~=f,=':==-_" Q .....--..-- e ==-..-- e _8><'..::::::...:..-.:=..._'" 0_"__'_1>0 --.-- : ---""....=:::....-..--.." <it =,,:-----..--... ---n- ~ -_..::,,,;..:.- -' =::.v:t.l:::="- C':.-r;;rr..:,,~~ i, Jl ~ - ~~~f~~:~~a ~-.:-"'...~...;.:-.==." ~ lot;"'!: ~ ~~='=-I --'" .,.""..- -.. =::-"':"::"'" ~ff-- ~=~~~~~!=~ . , ,,'I I '1 I ~ ~ ~ ~ '!""~. m ......... '-'IV~ - ._~' ", ,- .' ':, I ..::;l5-. , , , , , , .:-~ ,4 t 1.:.:- , . . , .--- ....... r -~ ~~- T'--- ....1-.. . ", ~ ~L.1f _,IrE RECONSTRUCnON ~A~or _ -..d r.ow,..,...,r :l V :l 0: .... ;J (3 ,) I / / / / / / / / / Jr I / I, ' , ... IY' J I . <I tt:W?T": " '" I ~. 'r <I P' -". ;? , " jl , , , ',- ' n_ l., l . . I : k ~ ... , .',' ::l j," ._:. f' ~ 1~1) ;- ~ ;~;-;; ; 'j ~~I ' ~ ,~~"_" . '== ~ __~ ~:~ -~;. I .; 1l1~,' '~\"I " ': ~"..:_ _~_ r--~ ',,- I , I I 'I <' _ ,~~---- ___ ~ _~ I -i----. .." / ,. '" " / . 0 d.v" Tl1 ~'1"'-1 ~l~ $-- " "1 In , . . , '- '- I .~ ~ q ~ ,. ~ < " , , , , . ---.... (lI _...__....__ ftJ _.__..... ....... ~_....~- ~-_..... ~--,-- G}..,......- ~..""--.... ~--_. ~..".._,_T.." ~.- ~,----- 0--- ~ -..--- -.-- - -'-,-. L__~f'l.AII ...._~~A~r!l:r_:rr..:;. :~.. .... ...........". -....... STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF ARCADIA ) I, CHRISTINE VAN J.lAANEN I City Clerk of the City of ARCADIA I CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 4661 was duly passed, approved and adopted by said City Council, app- roved and signed by the ~\ayor, and at tested by the City Clerk, all at a ~regular meeting of said City Council held on the 20th day of September. r9tt ' and that the same was passed and adopted by the 0 owing vote, to-wit: AYES: COUNCILMEMBERS Lauber, Margett, Parry & Saelid COUNCILMEN: None NOES: ABSENT: COUNCILMAN: Gilb DATED this 20th day of September. 1977. ~tJ~) CITY CLERK CITY OF ARCADIA STATE OF CALIFORNIA (SEAL) -7- 4661 1',P.Y'i 0 p.(.i :\Y' \~1o<1 w ... o -ii-A ." ~ i'" T\ p.. 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I'III:JI'IIClIC --.mIl' ..... ~ .-..cNlI ICIClll ..-. ---- ---. _ _--------">1' ..... -=c. ___ .; \..- 'D . .-..-D ...,"":" ..-'>::1 _ ., _ .lIKn -.,. ...... ~~ '" ..._CX.TI""O "~...I:'" ../,... .ocguoe.T'Ol'l ... ...h ~~. -rv~ ~-r... -.oc. CC'TAiL -.. _ 1tC&1...1 !\ <-oJ . o ~..~. L I It :ii.~~ \'~J.. ,..:;. j -::.. ~ L :M. .ill I > I I'i 101 . _.~. Sl.fIElIWifl'tNXNT 01 STIUtT1 ~lf~t:1'~. HO._'..:r~ ;.''"1. 'CAOlA.:Al.,,"OII11.' ~, ..a. . '" . :.uw.. AISU'WCNT DISTRICT HI."-I ASSESSMENT OWiRAM CITY OF 1IACADlA. ctl.MTY 0' lDS 4NG[LD STAre: 0' CALI'OANI.l ;_.....co