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HomeMy WebLinkAboutResolution No. 5281RESOLUTIOIi it0. 5281 OF TH CITY OF AZUSA RESOLUTIOIi GRAidTIIIG COiI511iT AIiD JURISDICTIOii TO THE COUNTY OF LOS AIIGELES IIQ TIA's "ATTER OF WOODCROFT STREET SN.IER DISTRICT WHEREAS, the Board of Supervisors of the County of Los Angeles is about to commence proceedings under Division 12 of the Streets and Highways Code ('Municipal Improvement Act of 1913), for the acquisition of necessary rights of way, the construction of sanitary sewers, and the reimbursement for a portion of the cost of existing seaters in WOODCROFT STREET SE1rT'R DISTRIC^1: and WIFEREAS, the proposed improvement includes irork in portions of Arrow Highway and Cerritos Avenue in the City of Azusa; and WHERi3AS, a portion of the land proposed to be assessed for this iranrovement lies within the boundary of the City of Azusa. PI O's^J, TIFEREFO33) BE IT RESOLVED by the City Council of the City of Azusa as follows: SECTION 1. That the nublic interest and convenience require the acquisition of necessary rights of tray, the construction of sanitary sewers in Woodcroft Street and other rights of pray, and the reimbursement for a portion of the cost of existing sewers, all as set forth in the proposed Resolution of Intention of said Board for this ir.�provement, a copy of which resolution, incomplete as to dates and similar infor- mation which can only be inserted at the time of adoption, is attached hereto and made a Dart hereof. SECTION 2. That this City Council hereby consents to the use for said imnrovemsnt of those portions of Arrow Highway and Cerritos Avenue as described in said proposed Resolution of Intention, included within 0 the boundary of said assessment district aid lying within the boundary of the City of Azusa. SECTI011 1. That this City Council hereby finds and determines that the land included within the boundary of the proposed assessment district as referred to in said proposed Resolution o£ Intention, and lying within the boundary of the City of Azusa, will be benefited by said improvement, and hereby consents to the inclusion of said land within the proposed assessment district and to the assessment thereof. SECTIOii 4. That said proposed Resolution of Intention is hereby approved and that the consent of this City Council is hereby given to the commencement of proceedings for said proposed improvement by the Board of Supervisors of the County of Los Angeles, and to the exercise of exclusive jurisdiction by said Hoard of Supervisors over all pro- ceedings necessary U -n roto for the purpose of consummating the same, all in accordance with the provisions of Division 12 o£ the Streets and High,:rays Code. SECTI')I; 5. That the Clerk of the City Council shall certify to the adoption of this resolution and shall deliver two certified conies thereof to the Los Angeles County Engineer. I HEREBY CERTIFY that the foregoing resolution was adopted by the City Council of the City of Azusa at its meeting held August 7,_ 1967, by the following vote: AYE'S: Councilmen: Rubio, Solem, McLees, Cooney 140ES: Councilmen: None ABSE1'T: Councilmen: None - 2 - Signed and approved this 7th day of August , 19�. ,-'gzr�'t Mayor of'the City of sa PRO TEMP_ORF I hereby certify that the foregoing document is a full, true and correct copy of Resolution No. 5281 on file in the Office of the City Clerk of the City of Azusa, California. - 3 - WOODC; ;OFT ST'': _3T S3'ri32', DISTRICT 0 FOR THE ACQUISITION OP UMCESSMY RIGHTS OF WAY AID THE CUSTRUCTIOr OF SANITARY SEWERS RESOLUTION OF II:TAETIM: WHERRAS, it has been determined by the Board of Supervisors of the County of Los Angeles that proceedings be commenced and conducted under and in accordance with provisions of the Aun icioal Improvement Act of 1913 for the acquisition of necessary rights of way, the con- struction of sanitary sewers, and the reimbursement; for a portion of the costs of existing sewers within the ',;oodcroft Street Sewer District; and h1111_]REAS, it is the intention of the Board to undertake these proceedings pursuant to Article XIII, Section 17 of the Constitution of the State of California, as implemented by Ordinance Ko. 7647 of the County of Los Angeles, to determine whether the public convenience and necessity require the acquisitions and improvements hereinafter described.; and n7LRAAS3 if after proper notice and hearing, the Board determines by not less than a four-fifths vote of all its members that the public convenience and necessity require such acquisitions and improvements, it may order such improvements without compliance with the provisions of Division k of the Streets. ani: HighYa ;; s CoKe of the .hate of Cali- fornia; a&. !Hi RisA5, on. January 14, 1064, the City of Azusa entered into an agreement with Country Sanitation District i:o. 22 and Paul W. and Marie N. Ronald and Lee Arco and }:arti_,i Arce for the construction of a trunk ser;or and which agreement also provi-d.ed that the City be reimbursed for the amount of its obligation by imiposin a connection fee on future users of said trunk; scimr; and WIER}','LS, the ';loodcroft Street Sewer District will use the trtuiic sewer constructed under said agreement anrI should be assessed a reasonable charge for such use: and l:gI3REAS, it has been determined that T';!i;LVTS TI DUSVOM FOU! Ii[P!T)!'i;D NI'1NTY-FIVE DOLLARS ("1231+95) is the cost required b;/ the City of Azusa in accordance with the aforei:ientioned agreement; and WII1,REAS, the proposed ii:iprovement includes worl, in portions of Arrow IIighwary and Cerritos Avenue lying witl,..in the boundary of' the City of Azusa; and 'rMR?.15, a portion of the land proposed to be assessed for this improve..ent lies within the boundary of the City of Azusa; and VJU?R;•.AS, the City Council of the City of Azusa dial, on 1967, adopt a Resolution Granting Consent and Jurisdiction to the County of Los Angeles in this proceeding. Pt0':I, TII'sR?.FOI?s� TIAs BOARD R`JSOLt%'i5: SSCTIOI? ].. That it .is the intentio:, of' the oard to determine that the public convenience and necessity recuire acquisition of the necessar-, rights of war, to be done and i-iprovement made, all in the Count', K of Los Angeles, State of California, anti to order such acquisition, wore: and improvement made as follows, to -;•;.it: Y lrst: The acquisition of sanitary SBC:er 1'.lghts Of lJa;,r, b;; gift or purchase or cmi-ne.zt doimin proccedi.n�s, consisti-ng i.n general of the following: Parcel The northerly 1'% fejt; of Lot 57, Tract ''o. 1(122, as _A.. shown on map recoroe,d in 3ool: I�P:2, ?'ages 34, 3 and 36, of ?raps. Parcel B. The :,esterly 10 Feet of Lot 344, Tract ;;o. 19581, as shown on map recorded In Roo!; 1;01, Pages 8 to 111, inclusive, of 31aps. Parcel C. A stria of land 10 feet r:idc the southeaste-rly line of which is parallel with an.�. /2./0 Feet northwesterly, mcasu-rec at ri_olit angles, frorn the centerline of Rig Dalton '.!ash between the �,resterly line of Lot 3411, above-mentio! ed. Tract I:o. 19681, arid a line approximately 80 feet northerly of the most nortllerl;;7 line of Arrow Highway. Parcel D. A strip of land 10 feet gide the southerly line of which is approximately 100 feet northerly of the northerly line of Arrow Highway, 100 feet wide, between the easterly line of Azusa Avenue and the southwesterly terr?inus of above-described Parcel C. Second: The construction of sanitary sewers and appurtenances in THEJ3O'?E D_SCP1,3:'D PI,''" ti1 .:", -,.. �•-,�•,t -,`�; and in SIllII1iu,of .iP_Z LIGHTS -O-' �.II ' THE as sho%%7n on man of Tract i -.o. recDrded in Boo!L 621, pages j8 - and /9, of ;fans and as shown in Lots 263 and 251E on map of Tract I:o. 19681, recorded in )3o01. 105, Pages 8 to 1-11, inclusi.ve, of' I ans; and in )IR, ,1 -EY STR•llST between I;OC VAL-] s,1nd CITRUS AVENUE; and in PAYSOII STR:'�j"T AD; D KIR"s:t'!ALL ROAD between ROMKVALF AVFIME and VICIEROY AVETIU ; and in rlEIri'IG;. ROAD between the A:resterly ter�ii-nus of said RIJ; J _Cf ROt.D as slro�:'n on pan Of Tract IIo. 19896, recorded in Foo!; 621, Pages j8 ani j9, of i4�'ins and VIC OY" an,. in 0 i;_'`. BURGII STRMT between GL AFIKKAK 'iV HU_: and the southeasterly line of Lot 115, Tract P;o. 19225, as shosnl on rap recorded. in Boat 482, Pages 34, J5 and 36, of Pays; and in L YFO zD 1,',OAD between the westerly line of 0 KIMMY AV77UR and the easterly terminus of said LA]YIFORD ROAD as shown on man of Tract ITo. 19685, recorded in Book 505, Pages 8 to 14, inclusive, of Kays and between the westerly terminus of said LAT ORD ROAD as shown on slap of above-mentioned Tract: AIo. 19225 and GLENFINFAII AVEI?U1,; and in WOODCROFT STREET between DONNA BETE AVENUE and the easterly terminus of said MODCROi T STREET as shown on map of above-mentioned Tract Vo. 19685 and betucon CERRITOS AVENUE and the easterly terminus of said WOMROFT STRisE7.' as shown on may of above-mentioned Tract No. 19225; and in ; fILLB RK AVE M',' between DOHA BETE .'.:±'. I:U;, and the easterly terminus of said MLLB:;RGE AVi91UN as sho-.in on map of above-mentioned Tract No. 19685; and in ARI,O'.! HIGHWAY between the centerline of IIOi TERES T AVERUE and the centerl i.no of AZUSA AVENUE; ; and in AZUSA AVENUE between a line approximately 260 feet northerly of the northerly line of ARROW HIGHWAY and ARROW IIIGII?iAY; and in DONMA BETH AVENUE between the centerline of WOODCROi T STREET and the southerly terminus of said DONNA BETH AVENUE as shown on map of.' above-mentioned Tract Ivo. 19685; and in O Q1ALLEY AVM71 > ROAD 1 UT O 7i�1 T n bei.ireen LILX1'OI,D 13J: D a.n,'. .;OODCiO, 1 �T.i.: l; and. 1.. C:li!11TOS AVI':U:, between the northerly line of Lot 9, above--montio .ed :Tact To. 19396 and the northerly line of Lot 264, above-::nntloKwl `Pract. ;:o. 19685; and in 0 between NEWBURGH STREET and WOODCROTT ST'RART; and in CED;:RGLEL DRIVE between the northerly terminus of said. CEDARGLEN DRIVE ns shown on map of above-mentioned Tract No. 192.25 and WOODC30FT STREET; and in ROCKVAL3 AVENUE between GLADSTOI E STREET and WOODCROFT STREET; and in ORANGECR3ST AVEVU: ORAi GEGLEU AVENUE AND TWIMEE AVMJE between the northerly termini of said ORANGAGREST AV NUA, ORANG��,GLEN AVENUE and Tei UTREE AVEAU3 as shown on map of above-nehtioned 'Tract No. 19225, and ')RrT,,EY STREET; and in FEININOR , AV71'U between (}LA _?STO E STREET and ORKNEY STREET and in the intersection thereof with QRKW L?, ROAD; and EDEI'. IELD AVE:RP,� between the northerly terminus of said. EDsiTP.sLD AVrEI:Ui's as shown on map of Tract IIo. 20041, recorded in Boot: 529, Pages 3 and. 4, of Mnp s and PAYSON STREET; and in VICEROY AVENUE between the northerly terminus of said VICEROY AV?FUE. as shoi,n on mar) of Tract lig. 30346, recorded in Book 746, Pages 5 and 6, of haps and ORKNEY STP,,:,?T and between PAYSON STREET and Rv;:�.:ICc' LOAD. Third: The resurfacing of the trench,in streets or rights of way wherein aforementioned sanitary sewers are constructed. SECTION 2. That the sun of TWELVE i iTOUSAiD ]'OJFi HUMPAD -._,,r,`i - ("12,495) is a reasonable charge for the use of the trunk sewer Con - strutted under the Agreement between City of Azusa and Sanitation Division No. 22 and Paul W. and Iiarie H. Ronald and Lee Arce ani IIart.in Arne. and said amount small be Ancluacd. in assessi c0c 1 u'r for cii-strict nurnoses. - J - SECTIO;: 3. That when lmlprove!~ient Bonds for subject improvement: have been sold and assessments co11_ected, the Treasurer shall deduct the a:73u11t of "12,495 from the Im- ovement rUTli':_ fOr said1117pT'OVeiTi(:Ilt and CaU:;e it to be transmitted to the Cit;of Azusa. SECTlo ? 4. That the district to be benefited by said improvement and to be assessed to pay the cost and e.Tpense thereof, inci.udinC aforesaid costs .for acquisition of necessary r.i.-lits of way, and charges for the Use of existing Se1:er5, and t0 be hn0';;ill aS the aSSe.^>:iilC tlt dis- trict, shall be all that part of tlr. City of :zusa and unincorporated territory of the Count;;' of Los !mE-Ples, State of California, having e.:teri.or boundaries as shorn on a nap of the district approved by the 23oard on the ll.th day of July, 196`7, tirhich map i.s 02-1 file in the Office of the Board. Reference is hereb7, made to the map for a full and comnlete descrintion of the assessment district and the map shall. govern for al -1 details as to the extent of the assessment district. S;3CTIOii 5. That this proposed improvement is hereby referred to the Count;' Fngi.neer and said Count; ,ngineer is hereb-' directed. to ;n: l:e and file vith the Clcrl•: of this Board a report in writinE, nresenti.ng the follo�ri_ng: I. :Malls am! spcci-fications of the pr Oposed. improvement. 2. An estimate of the cost of the proposed inprovement, includi.l; the cost of acqu.irini; the necessary rights of •ray, the cost of the accui.sit.ion of the use of the above referred to sewCrs, and the cost of the incidental e}:r,cnses Mi connection therewith. 3. A c.]., .rar sho:ri-rg the assessment district abo•,e referred A �;hi.ch sl.al_l. also show the bou.i:darles and di.mensi.ons of the reS}"?eC"Li.Ve subdivisions of land vithin said d.is- trice, as the same existed at the time of the pas.ste - 6 - u of the resoluti-on of .intenti-on, each of which sub- divisions shall be, given a separate nurlber upon said diagram. IF. A proposed assess:-ent of the total amount of the cost and expenses of the proposed iripr.ove,.gent upon the several subdivisions of land .in said district in proportion to the estimated benefits to be received by such subdivisions, respectively, from said ir:,provements. Said assess,nent shall refer to such subdivisions upon said diagram by.the respective numbers thereof. S?CTIOIa 6. The Board of Supervisors proposes to find and determine that the public convenience and necessity require such .irapr.ovement. At the time and place fired for hearing protests to the proposed i.l�lprove- ment a public hearing will also be held, pursuant to Counter Ordinance No. 76417, to hear objections to the ma4:.ing of such finding and detcr- minat.ion by the Board. After such public hearing, if' the Board by not less than a four-fifths vote of all me:;ibers thereof, finds and determines that the public convenience adid necessity require said improvement, it r.1ay order such improver:,ent without further proceedings with respect to the debt limitati.on or rgajorit;i protest, prov-isions of Division 1t of the Streets and IIighways Code of the State of Califorr!.i.a. SSC'T10'? Z. That it is hereby dete=.Ilned and declared that serial bonds shall be issued in accordance with Division 7, Streets and i?ighways Code (Improvement Act of 1917.), to represent each assessment of fifty dollars ("?50.00') or more remaining, unnai.d for thirty (30) days after the date of the recording of the Diagram and Assessment for this improvement. The serial bonds shall extend over a period- endin.- nine (9) years from the second day of Jaiivary next succeefu-:ig the, next September 1st follm%,i_nz their date. 0 The Drinci-pal suis shall beco;'le dile a,id Datable to t;;v^^- Treasurer in equal annual pay;leTts on each October 15th succee(Iing the Se 'tem-- ber lst followirlg their date unt5_1 full.;; oa.id. The first interest payment shall_ be payable to the Treasurer on L, -,e Pnril 15th next succeeding the Ilarch lst or the October 15th next succeeding the Sentember 1st, as the case may be, ne;:t following the date of the bonds. The following interest na,,,nents shall each be for s.ix months interest and shall_ be payable to the Treasurer on each fifteenth day of April and October, the last interest nayment coning due the October 15th irgmediately preceding the last annual payt,ieit of the principal of the bonds issued to represent the unpaid assessment. The bonds shall bear interest at a rate to be determined on the sale thereof, provided, ho -v, -ever, that said rate shall not exceed_ t•he maximum rate of 6 per cent uer annum. SECTITi 0. That it is the oni.IiiDn of the Hoard that the public interest will not be served by allowing the property to ta4_e the contract for the worl: to be done under these proceed..ings. S'?=Oli o That after comnlet.ion of this .improvement and. the -oayr.Ient of all claims fro:a the i-1provei.icnt fund, the amount of the surplus, if an;-, remaining in the improvement fund by reason of the assessment and an -,r supplemental assessment levied for said improvement shall_ be used: (a) for transfer to the general fund of the County of Los k.Igeles. nrovi.ded that the amount of the surplus does not es_ceed Three iIundred Dollars (:$300.00) or 55 of the total anount expended frorl the imn:cove- ment fluid, wflichevcr is lesser; or, (b) if the amount of the surplus is greater than that allo:.-cd under (a), then as a credit upon the assess -lent and anV sAnj;l6'i gent al assessment, in the i�ianner provided in Section l.(�27.1 of thle :.�t:'eets and. iiia; hi'a ys Code. if any surn.l.us results for the rep sons stated. in Sectio2 10',27.5 of the Streets and lligiiz•Ia;fs Code, such surplus shall be disposed of a s provided in that - 8 - section. 11 there is no sut;ple !Bent:, I 8.sse ss":ent, the elit ire a.".iolUn of the surplus shall be applied as a credit to the assess[7era, The foregoing resolution tras on the iay of 1967, adopted by the Board of Supervisors of the County of Los AniLoles, and ex officio the governing body of all other special assesscent and taxing districts for which said Tjoardl so acts. James S. :4ize, Clerlt of the =,oard of Supervisors of the County of Los I..nZeles, ana ex officio clerl: of the governing bady of all other special assess�.ient and ta7.ing di_stri_cts for vhi.ch said Doard so acts. By - 9 - )enllt,