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RESOLUTION NO.
4346
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE CON-
STRUCTION OF CERTAIN STREET IMPROVEMENTS, TOGETHER
WITH NECESSARY ACQUISITION AND APPURTENANCES AND AP-
PURTENANT WORK IN CONNECTION THEREWITH IN SAID CITY;
DESCRIBING THE DISTRICT TO BE BENEFITED BY SAID IM-
PROVEMENT AND TO BE ASSESSED TO PAY THE COST AND
EXPENSE THEREOF AND DETERMINING LIQUIDATED DAMAGES.
ASSESSMENT DISTRICT NO. 72-1
(ARCADIA INDUSTRIAL PARK)
RESOLVED, BY THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIF-
ORNIA, as follows:
DESCRIPTION OF WORK AND ACQUISITION
SECTION 1. In its opinion, the public interest, convenience
and necessity require, and it is the intention of said City
Council to order the following work, improvements and acquisition,
to wit:
FIRST:
The construction of certain grading, ; paving,
curbs and gutters, street lights, sanitary
sewer improvements, cross gutters and appur-
tenances in
CLARK STREET
(44 foot width)
between PECK ROAD and MYRTLE AVENUE.
SECOND:
The construction of, certain grading, paving,
curbs and gutters, sanitary sewer improve-
ments, gas line improvements, water line im-
provements, street light conduits together
with appurtenances in,
LA SALLE STREET
(44 foot width)
between PECK ROAD and its easterly cu1-de-
sac approximately 1300 feet easterly from
MYRTLE AVENUE; and in
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MYRTLE AVENUE
(44 foot width)
between CLARK STREET and its southerly
cul-de-sac, excluding gas line improve-
ments northerly of LA SALLE STREET; and in
UNAMED STREET A
(44 foot width)
between LA SALLE STREET and CLARK STREET
at a point approximately 900 feet easterly
of MYRTLE AVENUE excluding gas line improve-
ments.
THIRD:
The construction of certain grading and
paving together with appurtenances in
CLARK STREET
(28 foot width)
between MYRTLE AVENUE and COGSWELL ROAD
"
including sewer and water facilities,
and in
RANDOLPH STREET
(25 foot width)
between PECK ROAD.'and MYRTLE ,AVENUE in-
cluding drainage facilities, and curbs
and gutters.
"
,
;1,_
DESCRIPTION OF ACQUISITION
That the public convenience and necessity require the acquisi-
tion of all necessary street right-of-way in order to accomplish
the work and improvements as set forth above, and to open all streets
to widths as shown on plat showing proposed improvements and acquis;.'
ition.
Reference is hereby further made to the plat showing the general
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nature and location of the proposed acquisition and improvements
, in ASSESSMENT DISTRICT NO. 72-1 (ARCADIA INDUSTRIAL PARK), said
plat previously approved and on file in the Office of the City
Clerk of said City.
A. Said streets and highways are more particularly
shown in the records in the Office of the County
\
Recorder of Los Angeles County, California, and
. I
shall be shown upon the plans herein referred to
and to be filed with the Clerk of said City.
B. All of said work and improvements are to be con-
structed at the places and in the particular
locations, of the forms, sizes, dimensions and
materials, and at the lines, grades and e1eva-
tions, as shown and delineated upon the plans,
profiles and specifications to be made therefor,
as hereinafter provided.
C. The descriptions of the improvements and the
termini of the work contained in this resolution
are general in nature. All items of work do not
necessarily extend for the full length of the
description thereof. The plans and profiles of
the work as contained in the Engineer's Report,
shall be controlling as to the correct and de-
tailed description thereof.
D. 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 be shown on the plans to be done therein.
E. Notice is hereby given of the fact that in many
cases said work and improvement will bring the
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finished work to a grade different from that
formerly existing, and that to said extent said
grades are hereby changed and that said work
will be done to said changed grades.
DESCRIPTION OF ASSESSMENT DISTRICT
SECTION 2. That the said work and improvement and acquisition
of rights' of way necessary for the said contemplated work and im-
provement, as aforesaid, are of more than local or ordinary public
benefit and the City Council of the City of Arcadia hereby makes
the expenses of said acquisition, work and improvement chargeable
upon a district, which said assessment district said City Council
hereby declares to be the district benefited'b~:said :acquisition:
work and improvement and to be assessed to pay the costs and ex-
penses 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 acquisition, work and improvement in said ASSESS-
MENT DISTRICT NO. 72-1 (ARCADIA INDUSTRIAL PARK) in said City,
which said plat is titled and identified as "Revised Boundary Map/
Proposed Boundaries of ASSESSMENT DISTRICT NO. 72-1 (ARCADIA IN-
DUSTRIAL PARK)", City of Arcadia, County of Los Angeles, State of
California, and which said Map was heretofore approved by the City
Council of said City, 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
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easements and rights of way therein contained belonging to the
public. For all particulars as to the boundaries of the assess-
ment district, reference is hereby made to said Map entitled
"Revised Boundary Map/Proposed Boundaries of ASSESSMENT DISTRICT
NO. 72-1 (ARCADIA INDUSTRIAL PARK)".
REPORT OF ENGINEER
SECTION 3. That this proposed improvement is hereby referred
to the Engineer of Work, Lampman & Associates, and said Engineer
of Work is hereby directed to make and file with the City Clerk a
"report" in writing containing the following:
1. Plans and specifications of the proposed improve-
ments.
2. An estimate of the cost of the proposed improve-
ment and acquisition, including the cost of the
incidental expenses in connection therewith.
3. A Diagram showing the assessment district above
referred to, which shall also show the boundaries
and dimensions of the respective subdivisions of
land within said City, 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.
4, A proposed assessment of the total amount of the
cost and expenses of the proposed improvement and
acquisition. upon the several divisions of land in
said City in proportion to the estimated benefits
to be received by such subdivisions, respectively,
from said improvement. Said assessment shall refer
to such subdivisions upon said Diagram by the re-
spective numbers thereof.
5. Maps and descriptions of lands, easements, and
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rights of way to be acquired.
When any portion or percentage of the cost and
expenses of the acquisitions and 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
cost and expenses of said acquisitions and im-
provements, and said assessment shall include
only the remainder of the estimated cost and
expenses. Said assessment shall refer to said
subdivisions by their respective numbers as
assigned pursuant to subdivision (4) of this
section.
BONDS
SECTION 4. Notice is hereby given that serial bonds to rep-
resent the unpaid assessments, and bear interest at the rate of
not to exceed seven (7%) percent per annum, will be issued here-
under in the manner provided in the "Improvement Bond Act of
19:1.5", Division 10 of the Streets and Highways Code, the last in-
stallment of which bonds shall mature a maximum of and not to
exceed twenty-four (24) years from the second day of July next
succeeding ten (10) months from their date. The provisions of
Part 11.1 of said Act, providing an alternative procedure ~or 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 ag-
gregate principal of the bonds.
"MUNICIPAL IMPROVEMENT ACT OF 1913"
SECTION 5. Except as herein otherwise provided for the is-
suanc,e of bonds, all of said improvement and acquisition shall
be made and ordered pursuant to the provisions of the "Municipal
Improvement Act of 1913", Division 12 of the Streets and Highways
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Code. Bonds are to be issued pursuant to the provisions of the
"Improvement Bond Act of 1915", Division 10 of said Code.
SURPLUS FUNDS
SECTION 6. If any excess shall be realized from the assess-
ment.' it shall be used for the maintenance of the improvement.
.
SPECIAL FUND
SECTION 7. The legislative body hereby establishes a special
fund designated "ASSESSMENT DISTRICT NO. 72-1 (ARCADIA INDUSTRIAL
PARK) Advance Account" into which the City Council may at any time
transfer funds to expedite the making of the acquisition or im-
provement herein authorized and said funds are a loan and shall
be repaid out of the proceeds of the sale of assessment bonds 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 a110w-
ing the property owners to take the contract for the construction
of the improvements and that, pursuant to Section 10502.4 of the
Streets and Highways Code, no notice of award of contract need be
published.
DAMAGES FOR DELAY
SECTION 9. In the event the work is not completed within
the time limit specified in the contract or within such further
time as may be extended, the City shall charge the contractor
liquidated damages in the net amount of one hundred dollars
($100.00) for each day of delay until the work is completed.
PUBLIC CONVENIENCE AND NECESSITY
SECTION 10. The Council proposes to find and determine at the
hearing provided for herein that the public convenience and
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necessity require such work, improvement and acquisition. At
said hearing the Council, pursuant to Resolution No. 4266 will
hear objections to the making of such finding and determination.
After such public hearing, if the Council, by no less than four-
fifths vote of all members thereof, finds and determines that
the public convenience and necessity require such improvement,
v
it may order such improvement without further proceedings in this
respect to debt limitation or majority protest.
GRADES
SECTION 11. NOTICE IS HEREBY GIVEN that the grade to which
the work shall be done shall be as shown on the plans and profiles
to be approved, which grades may vary from existing grades. The
work herein contemplated shall be done to the grades as indicated
on the aforementioned plans and specifications, together with
profiles. Reference will be made to the plans, profiles and
specifications for a description of the grades at which the work
is to be done. The City Council determines that the public in-
terest requires and it will be more economical to do certain
limited corrective work on private property to the extent author-
ized by Section 5104 of the Streets and Highways Code. Any ob-
jections to the proposed grades are to be presented at the public
hearing to be conducted under these proceedings.
UTILITY AGREEMENT
SECTION 12. NOTICE IS FURTHER HEREBY GIVEN that the work or
improvement, as above described, includes the installation of work
for the supplying of industrial gas, and the territory in which the
work or improvement is contemplated is within the service area of
the public utility supplying such utility service.
That pursuant to Section 10109 of Division 12 of the Streets
and Highways Code, a contract between the City of Arcadia and the
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Southern California Gas Company for the supplying of gas service,
as shown on the Map previously approved, will become effective
upon the effective date of the Resolution Ordering the Work in
these proceedings, and funds are available upon sale of bonds.
That this Council further finds and determines that the im-
provement in reference to the utility installation is useful and
necessary for the rendition of services to the City of Arcadia.
That the aforesaid contract with the said Southern California
Gas company will prescribe the period of time that the same shall
be effective and the conditions under which the said service shall
be furnished, copies of the contract will be available in the
Office of the City Clerk of said City.
APPROVED and ADOPTED this ~rd
day of
Julv. 19n
(2'/r0J'~
MAYOR OF THE CITY OF ARCADIA,
CALIFORNIA
ATTEST:
mdh~~nA~~
CITY CLERK 0 HE ITY OF ARCAD A,
CALIFORNIA
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4346
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ARCADIA
)
) SS
)
I,
CHRISTINE VAN MAANEN
City Clerk of the City of
Arcadia
-'
California, DO HEREBY CERTIFY that the foregoing
Resolution, being Resolution No.
4'346
I was
duly p~ssed, approved and adopted by said City Council,
approved and signed by the Mayor, and attested by the
City Clerk, all at a
regular
meeting of
said City Council held on the 3rd day of
Julv
1973
, and that the same was passed and adopted by
the following vote, to wit:
AYES:
COUNCILMEN Butterworth, Hage, Helms
Scott and Arth
NOES:
~~MMlXXME>> None
ABSENT:
~~I'.JlE!1 None
DATED this
3rd
day of
JuJy
1973
(SEAL)
~J~)a0~~
CITY CLERK OF THE CITY OF
ARCADIA, CALIFORNIA
4346