Loading...
HomeMy WebLinkAboutResolution No. 5795• 0 RESOLUTION NO. 5795 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA GRANTING CONSENT AND JURISDICTION TO THE COUNTY OF LOS ANGELES IN THE MATTER OF COUNTY IMPROVEMENT NO. 2511 ENID AVENUE AND OTHER RIGHTS OF WAY. WHEREAS, the Board of Supervisors of the County of Los Angeles is about to commence proceedings under Division 7 of the Streets and Highways Code, for the con- struction. of sanitary sewers in Enid Avenue and other rights of way under County Improvement No. 2511; and WHEREAS, a portion of the land proposed to be assessed for this improvement lies within the boundary of the City of Azusa. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Azusa as follows: SECTION 1. That the public interest and con- venience require the construction of sanitary sewers in Enid Avenue and other rights of way as set forth in the proposed Resolution of Intention of said Board for this Improvement, a copy of which resolution, incomplete as to dates and similar information which can only be inserted at the time of adoption, is attached hereto and made a part hereof. SECTION 2. 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 of 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. SECTION 3. That said proposed Resolution of Intention is hereby approved and that the consent of this City Council is hereby given to the commencement of proceed- ings for said proposed improvement by the Board of Supervisors of the County of Los Angeles, and to the exercise of exclusive jurisdiction by said Board of Supervisors over all proceedings necessary thereto for the purpose of consummating the same, all in accordance with the provisions of Division 7 of the Streets and Highways Code. SECTION 4. That the Clerk of the City Council shall certify to the adoption of this resolution and shall deliver two certified copies thereof to the Los Angeles County, Engineer.. ADOPTED AND APPROVED this 2nd day of November, 1970. yor I hereby certify that the foregoing resolution was duly adopted by the City Council of the City of Azusa at a regular meeting thereof held on the 2nd day of November, 1970, by the following vote of the Council: AYES: Councilmen: Rubio, Decker, Snyder, Clark, Solem NOES: Councilmen: None ABSENT: Councilmen: None COUNTY IMPROVEMENT NO. 2511 FOR THE CONSTRUCTION OF SANITARY SEWERS IN ENID AVENUE AND OTHER RIGHTS OF WAY RESOLUTION OF INTENTION WHEREAS, it is.the intention of the Board of Supervisors of the County of Los Angeles to undertake proceedings pursuant to Article %III, Section 17 of the Constitution of the State of California, as implemented by Ordinance No. 7647 of the County of Los Angeles, to determine whether the public convenience and necessity require the improvements hereinafter described; and .WHEREAS, if after proper notice and hearing, this Board determines by not less than a four-fifths vote of all its members that the public convenience and necessity require such improvement, it may order such improvement without compliance with the provisions of Division y of the Streets and Highways Code -of the State of - California; and f•California;'and ` � 1 • WHEREAS, the City Council of the City of Azusa has, by resolution adopted on the 2nd day of November , 1970; approved. this resolution and given its consent to the work pro- posed herein, and to the inclusion within the assessment district i for said.improvement of that portion of said City lying within the boundaries of said assessment district, and to the assessment thereof, and to the exercise of exclusive jurisdiction in this proceeding by said Board of Supervisors. NOW, THEREFORE, THE BOARD RESOLVES: SECTION 1. That it is the intention of the Board to determine that the public convenience and necessity require the following work to be done and improvement made and to order such work or improvement made, as follows, to -wit: First: The construction of sanitary sewers and appurtenances in RENWICK ROAD MILLBURGH ROAD between HOMEREST AVENUE and,the easterly line of Lot 76, Tract No. 18745, as shown on map recorded in Book 502, Pages 20 to 22 inclusive, of Maps; and in ARROW.HIGHWAY in the intersection thereof with ENID AVENUE and with BANEWELL AVENUE; and in ENID AVENUE between ORKNEY STREET and ARROW HIGHWAY; and in BANEWELL AVENUE between the northerly terminusof said BANEWELL AVENUE as shown on map of above-mentioned Tract No. 19381 and RENWICK ROAD and between NEWBURGH STREET and ARROW HIGHWAY; and in HOMEREST AVENUE in the intersection thereof with MILLBURGH ROAD. _3`_ .Second: The resurfacing of the trench in the streets and rights .of way wherein aforementioned sanitary sewers are constructed. All of said work shall be performed in the streets and rights of way and between the limits hereinbefore designated except where the plans indicate that said work shall be omitted. THAT SUCH WORK OR IMPROVEMENT, IT IS ESTIMATED WILL COST THE. SUM OF SIXTY-TWO THOUSAND TWO HUNDRED DOLLARS ($622200.00). . SECTION 2. That all the work and improvements aforesaid shall be done and performed as, shown on and in accordance with and to the grades shown on the plans, profiles and specifications therefor, filed in the office of the Board of -Supervisors in Room 3$3, Hall of Administration, ! 500 West Temple Street, Los Angeles, California 90012. Reference is hereby made to said plans, profiles and specifications for a full and detailed description of said proposed work or improvement, and said I plans, profiles and specifications shall govern for all details of j the proposed work or improvement and for the description of the grade i to which this work is to be done. SECTION 3. That.the Board hereby makes the expense of the work or improve- i ,went chargeable upon a district, which district the Board hereby declares to be the district benefited by the work or improvement and to be assessed to pay the cost and expense thereof. A map of the district, indicating by a boundary line the extent of the territory included in the proposed district, approved.by the Board and endorsed with the certificate of the Executive Officer= Clerk of the Board of Supervisors, is on file in the above-mentioned office of the Board. Reference is hereby made to the map for a full and complete description of the assessment,district and the map shall govern for all details as to the extent of the assessment district. -4- SECTION 4. That serial bonds shall be issued in accordance with Division 7, Streets and Highways Code, to represent each assess- ment of fifty dollars ($50.00) or more remaining unpaid for thirty (30) days after the date of the recording of the warrant. The serial bonds shall extend over a period ending nine (9) years from the second day of January next succeeding the next September lst following their date, and shall bear interest at the rate of seven (7) per cent per annum on all sums unpaid, until the whole of the principal and interest is paid. The redemption provisions of said bonds shall provide a premium of 5 -per cent of unmatured principal. The principal sum'shall become due,,and payable to the Treasurer in equal annual payments on each October 15th succeeding the September lst following their date until fully paid. The first interest payment shall be payable to the Treasurer on the April 15th next succeeding the March lst or the October 15th next succeeding the September lst, as the case may be, next follow- ing the date of the bonds. The following interest payments shall each be for six months interest and shall be payable to the Treasurer on each fifteenth day of April•and October, the last interest payment.coming due the October 15th immediately preceding the last annual payment of the principal of the bonds issued to represent the unpaid assessment. SECTION 5. That the proceedings for the aforesaid work or improvement shall be under and in accordance with Division 7, Streets and Highways Code, and County Ordinance No. 4348, as amended by Ordinance No. 8471, providing that all payments upon the assess- ment within 30 days from the recordation therof shall be made to the County.Engineer. -5- I I SECTION 6: The streets hereinbefore referred to are public streets in the County of Los Angeles,.and are located in unincorporated territory in the vicinity of. the City of Azusa. SECTION 7. That it is the opinion of the Board 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 8. That it is hereby determined that because damages would be very difficult to ascertain, in the event the contractor does not complete the work within the time specified in the contract or within such further time as this Board .shall have authorized, the contractor shall pay to the County of Los Angeles liquidated damages. The liquidated damages for'this improvement are fixed in the amount of fifty dollars ($50.00) per day. Money received by the County of Los Angeles on account of such liquidated damages shall be disbursed as'provided in Section 5254.5 of the Streets and Highways Code.' f i i u -6- r u 1-4-W SECTION 9. That the day of , 19 , at the hour of , ,T a.m. of said.day,'is the day and the hour and the Hearing Room of the Board of Supervisors,.Room 381 Hall of Administration,. 500 West Temple Street (corner of Temple Street and Grand Avenue), Los.Angeles, California 90012, is the place fixed by the Board when and where any and all persons having any objections to the proposed work or to the extent of the district to be assessed, or to the proposed grades to which the work is to be done, or to any' or all of the foregoing, may appear beforethe. Board and show cause.' why the proposed work should..not be carried out iin.accordance with , this Resolution. SECTION 10. The Board.of Supervisors proposes to find and determine. that the public ccnvenience.and necessity require such -improvement. At the time and place herein -fixed for hearing protests to the proposed work a public hearing will also be held, pursuant to Los Angeles County Ordinance No. 7647, to hear protests to the making of such finding and determination by_ the Board. After such public hearing, if the Board by not less than a four-fifths vote of all members thereof, finds.and determines that the public convenience and neces- sity require such improvement, it may order.such improvement without• . further proceedings with respect to the debt limitation or majority . protest provisions of Division 4 of the Streets and Highways.Code of „ the State of California. SECTION 11. That the County Erigineer shall cause to be conspicuously posted along the line of the contemplated work or -improvement and along all open streets within .the district liable to.be assessed, notices of the adoption of this Resolution in the manner and in the form required by law. -7- SECTION 12, The Executive Officer -Clerk of the Board of Supervisors shall certify to the adoption of this Resolution and shall cause the same to be published for two days in the , a newspaper published and circulated in the. County of Los Angeles, which is hereby designated for that purpose by the Board. The Board does hereby direct the Executive Officer -Clerk of the Board of Supervisors thereof to mail notices of the adoption of this Resolution of Intention to all persons owning real property proposed to be assessed for the work herein described whose names and addresses appear on the last equalized assessment roll of the. County of Los Angeles or as known to the Executive Officer -Clerk of the Board of Supervisors, the contents of said notices to be as required by law.. The foregoing resolution was on the day of , 19. adopted by the Board of Supervisors of the County of Los Angeles, and ex officio the governing body of all other special assessment and taxing districts for which said Board so acts. JAMES S. NJIZE, Executive Officer -Clerk of the Board of Supervisors of the County of Los Angeles. By Deputy i