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HomeMy WebLinkAbout4346 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 -1- 4346 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 -2- 4346 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 -3- 4346 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 -4- 4346 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 -5- 4346 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 -6- 4346 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 -7- 4346 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 -8- 4346 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 -9- , 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