Loading...
HomeMy WebLinkAboutResolution No. 5843RESOLUTION NO. 5843 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA GRANTING CONSENT AND JURIS- DICTION TO THE COUNTY OF LOS ANGELES IN THE MATTER OF COUNTY IMPROVEMENT NO. 2481-M WOODCROFP STREET AND OTHER RIGHTS30F WAY 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 sewers in Woodcroft Street and other rights of way under County Improvement No. 2481-M; and WHEREAS, the proposed improvement includes work in portions of Arrow Highway and Cerritos Avenue in the City of Azusa; 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 convenience require the ac- quisition of necessary rights of way, the construction of sanitary sewers in Woodcroft Street and other rights of way, 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 improvement,.a copy of which resolution, in- complete 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 consents to the use for said improvement of those portions of Arrow Highway and Cerritos Avenue as described in said proposed Resolution of Intention, included within the boundary of said assessment district lying within the boundary of the City of Azusa. SECTION 3 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 in- clusion of said land within the proposed assessment district and to the assessment thereof. SECTION 4 That said proposed Resolution of Intention is hereby ap- proved 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 L'os 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 12 of the Streets and Highways Code. SECTION 5 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. -2- Adopted and approved this 19th day of April, 1971. i"- -, � 2 , a! 2 Myo 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 19th day of April, 1971, by the following vote of the Council: AYES: Councilmen: Rubio, Decker, Snyder, Clark, Solem NOES: Councilmen: None ABSENT: Councilmen: None City Clerk r. COUNTY IMPROVEMENT NO. 2481-M (WOODCROFT STREET) FOR THE ACQUISITION OF NECESSARY RIGHTS OF WAY AND THE CONSTRUCTION OF SANITARY SEWERS RESOLUTION OF INTENTION WHEREAS, it has been determined by the Board of Super- visors of the County of Los Angeles that proceedings be commenced and conducted under and in accordance with provi- sions of the 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 costs of existing sewers under County Improvement No. 2481-M (Woodcroft Street); and WHEREAS, 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 No. 7647 of the County of Los Angeles, to determine whether the public convenience and necessity require the ac- quisitions and improvements hereinafter described; and WHEREAS, 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 4 of the Streets and Highways Code of the State of California; and WHEREAS, on January 14, 1964, the City of Azusa entered into an agreement with County Sanitation District No. 22 and Paul W. and Marie H. Ronald and Lee Arce and Martin Arce for the construction of a trunk sewer and which agreement also pro- vided that the City be reimbursed for the amount of its ob- ligation by imposing a connection fee on future users of said Trunk sewer; and WHEREAS, County Improvement No. 2481-M (Woodcroft Street) will use the trunk sewer constructed under said agreement and should be assessed a reasonable charge for such use; and WHEREAS, there is an area subject to said connection fee not within the boundaries of County Improvement No. 2481-M and it is the intention of this Board, pursuant to the provisions of Section 23010.3 of the Government Code, to determine that the payment to the City of Azusa of the fees for such outside area, which may in the future utilize the sewers constructed -under this improvement, is an additional cost necessary to the construction of this project; and WHEREAS, said Section 23010.3 provides that this Board may pay out of any of its available funds the additional cost of construction and may impose a connection fee to be paid by future users of said additional cost of construction; and WHEREAS, it has been determined that ONE HUNDRED FORTY DOLLARS AND SEVENTY-ONE CENTS ($140.71) per acre is the cost required by the City of Azusa in accordance with the afore- mentioned agreement; and WHEREAS, present plans for County Improvement No. 2481-M anticipate the inclusion of approximately 70 acres subject to -2- 0 0 assessment for the aforementioned City of Azusa connection fees; and WHEREAS, the area subject to said City of Azusa connection fees, which constitute the aforementioned additional cost of construction of County Improvement No. 2481-M, consists of 18.80 acres; and WHEREAS, the proposed improvement includes work in portions of Arrow Highway and Cerritos Avenue lying within the boundary of the City of Azusa; and WHEREAS, a portion of the land proposed to be assessed for this improvement lies within the boundary of the City of Azusa; and WHEREAS, the City Council of the City of Azusa did, on 19'', adopt a Resolution Granting Consent and Jurisdiction to the County.of Los Angeles in this proceeding. NOW, THEREFORE, THE BOARD RESOLVES: SECTION 1 That it is the intention of the Board to determine that the public convenience and necessity require acquisition of the necessary rights of way, work to be done and improvement made, partly in the City of Azusa and partly in unincor- porated territory the County of Los Angeles, State of California, and to order such acquisition, work and improvement made as follows, to -wit: First: The acquisition of permanent sanitary sewer.. rights of way, by gift or purchase or eminent domain proceedings, con- sisting in general of the following: Parcel A. A sanitary sewer easement in Lot 57, Tract No. 19225, as shown on map recorded in Book 482, Pages 34, 35 and 36, of Maps. Parcel B. A sanitary sewer easement in Lot 344, Tract No. 19685, as shown on map recorded.in Book 505, Pages 8 to 14, inclusive, of Maps. -3- Parcel C. A sanitary sewer right of way northerly of Arrow Highway between the easterly line of Azusa Avenue and the westerly line of above-mentioned Lot 344, Tract No. 19685• The acquisition of temporary rights of way for construction purposes where necessary to be located adjacent to above-described Parcels A, B and C. Second: The construction of sanitary sewers and appur- tenances in THE ABOVE DESCRIBED PERMANENT SANITARY SEWER RIGHTS-OF-WAY; and in THE SANITARY SEWER RIGHTS-OF-WAY as shown on map of Tract No. 19896, recorded in Book 621, Pages 58 and 59, of Maps and as shown in Lots 263 and.264 on map of Tract No. 19685, recorded in Book 505, Pages 8 to 14, in- clusive, of Maps; and in ORKNEY STREET between ROCKVALE AVENUE and the easterly line of Lot 15, Tract No. 20041, as shown on map recorded in Book 529, Pages 3 and 4 of Maps; and in PAYSON STREET AND KIRKWALL ROAD between ROCKVALE AVENUE and the easterly line of FENIMORE AVENUE; and in RENWICK ROAD between the westerly terminus of said RENWICK ROAD as shown on map of Tract No. 19896, recorded in Book 621, Pages 58 and 59, of Maps and FENIMORE AVENUE; and in NEWBURGH STREET between GLENFINNAN AVENUE and the southeasterly line of Lot 115, -4- Tract No. 19225, as shown on map recorded in Book .482, Pages 34, 35 and 36, of Maps; and in LAXFORD ROAD between the westerly line of O'MALLEY AVENUE and the easterly terminus of said LAXFORD ROAD as shown on map of Tract No. 19685, recorded in Book 505, Pages 8 to 14, inclusive, of Maps and between the westerly terminus of said LAXFORD ROAD as shown on map of above-mentioned Tract No. 19225 and GLENFINNAN AVENUE: and in WOODCROFT STREET between DONNA BETH AVENUE and the easterly terminus of said WOODCROFT STREET as shown on map of above-mentioned Tract No. 19685 and between CERRITOS AVENUE and the easterly terminus of said WOODCROFT STREET as shown on map of above-mentioned Tract No. 19225; and in MILLBURGH AVENUE between DONNA BETH AVENUE and the easterly terminus of said MILLBURGH AVENUE as shown on map of above-mentioned Tract No. 19685; and in ARROW HIGHWAY between the centerline of HOMEREST AVENUE and a line approximately 400 feet easterly of the easterly line of AZUSA AVENUE (100 feet wide); and in AZUSA AVENUE in the intersection thereof with ARROW HIGHWAY; and in DONNA BETH AVENUE between the centerline of WOODCROFT STREET and the southerly terminus of said DONNA BETH AVENUE as shown on map of above- mentioned Tract No. 19685; and in O'MALLEY AVENUE between LAXFORD ROAD and WOODCROFT STREET; and in - 5 - CERRITOS AVENUE between the northerly line of Lot 9, above-mentioned Tract No. 19896 and the northerly line of Lot 264, above-mentioned Tract No. 19685; and in GLENFINNAN AVENUE between NEWBURGH STREET and WOODCROFT STREET; and in CEDARGLEN DRIVE between the northerly terminus of said CEDARGLEN DRIVE as shown on map of above-mentioned Tract No. 19225 and WOODCROFT STREET; and in ROCKVALE AVENUE between GLADSTONE STREET and WOODCROFT STREET; and in ORANGECREST AVENUE ORANGEGLEN AVENUE AND TWINTREE AVENUE between the northerly termini of said ORANGECREST AVENUE, ORANGEGLEN AVENUE and TWINTREE AVENUE as shown on map of above-mentioned Tract No. 19225, and ORKNEY STREET; and in FENIMORE AVENUE between GLADSTONE STREET and.ORKNEY STREET; and in EDENFIELD AVENUE between the northerly terminus of said EDENFIELD AVENUE as shown on map of above-mentioned Tract No. 20041, and the southerly line of Lot 16, said Tract No. 20041. Third: The resurfacing of the trench in streets or rights of way wherein -aforementioned sanitary sewers are constructed. SECTION 2. That the United States Department of Housing and Urban Development will pay to the County of Los Angeles for deposit in the improvement fund for this improvement an amount equal to the cost of certain construction as a grant in accordance with the -6- i Department's Project HUD -WS -Calif -402. Said grant is estimated to be SIXTY-THREE THOUSAND ONE HUNDRED FIFTY DOLLARS ($63,150). SECTION 3. That it is the intention of this Board to accept said. grant and to provide an amount equal to the actual amount of said grant as a contribution toward the cost and expenses of the work in accordance with the provisions of Section 10106, Streets and Highways Code by reference to Section 5125, Streets and Highways Code. SECTION 4. That the sum of ONE HUNDRED FORTY DOLLARS AND SEVENTY- ONE CENTS ($140.71) per acre is a resonable charge for the - 7 - use of the trunk sewer constructed under the Agreement between City of Azusa and Sanitation District 22 and Paul W. and Marie H. Ronald and Lee Arce and Martin Arce and said amount shall be included in assessments levied for district purposes. SECTION 5 That when Improvement Bonds for subject improvement have been sold and assessments collected, the Treasurer shall deduct an amount estimated at this time to be $9,850, based upon the aforementioned charge of $140.71 per acre, from the Improvement Fund for said improvement and cause it to be transmitted to the City of Azusa. SECTION 6 That it is the intention of the Board to find and declare that there is an area outside the area to be served by sewers constructed under this improvement which, in the future will be subject to the aforementioned City of Azusa connection fee and that the payment to the City of the fees for such outside area is an additional cost necessary to the construction of this project. That the Board will have the right to use, or permit the use of, the works which are to be constructed under this improvement. SECTION 7 That it is the intention of the Board to pay to the City of Azusa out of the Reimbursement for Sewer Construction Fund the aforementioned additional cost of construction toward the total cost of this improvement; said additional cost is estimated to be $2,645 based upon the aforementioned $140.71 per acre; said additional cost to be transmitted to the City of Azusa together with the fees required for this improvement. SECTION 8 That it is the intention of the Board to impose a connec- tion fee, upon any person or district within the above-mentioned - 8 - outside area, to be paid to the County as a condition to con- necting to or using the works constructed under this improvement. The connection fee plus an interest rate of four (4) per cent shall be computed in accordance with Section 23010.3 of the Government Code SECTION 9 That the district to be benefited by said improvement and to be assessed to pay the cost and expense thereof, including aforesaid costs for acquisition of necessary rights of way, and charges for the use of existing sewers, and to be known as the assessment district, shall be all that part of the City of Azusa and unincorporated territory of the County of Los Angeles, State of California, having exterior boundaries as shown on a map of the 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 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. SECTION 10 That this proposed improvement is hereby referred to the County Engineer and said County Engineer is hereby directed to make and file with the Executive Officer -Clerk of the Board of Supervisors a report in writing, presenting the following: 1. Plans and specifications of the proposed improvement. 2. An estimate of the cost of the proposed improvement, including the cost of acquiring the necessary rights of way, the cost. of the acquisition of the use of the above referred to sewers, and the cost of the incidental expenses in connection therewith. -'9. - 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 district, as the same existed at the time of the passage of the resolu- tion 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 less the amount of the above referred to contributions, upon the several sub- divisions of land in said district in proportion to the estimated benefits to be received by such subdivisions, respectively, from said improvements. Said assessment shall refer to such subdivisions upon said diagram by the respective numbers thereof. SECTION 11. The Board of Supervisors proposes to find and determine that the public convenience and necessity require such improvement. At the time and placed fixed for hearing protests to the proposed improvement a public hearing will also be held, pursuant to -County Ordinance No. 7647, to hear objections 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 necessity require said 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 12. That it is hereby determined and declared that serial bonds - 10- shall be issued in accordance with Division 7, Streets and Highways Code (Improvement Act of 1911), to represent each assessment of fifty dollars ($50.00) or more remaining unpaid 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 ending nine (9) years from the second day of January next succeeding the next September 1st following their date. The principal sum shall become due and payable to the Treasurer in equal annual payments on each October 15th succeed- ing the September 1st following their date until fully paid. The first interest payment shall be payable to the Treasurer on the April 15th next succeeding the March 1st or the October 15th next succeeding the September 1st, as the case may be, next following 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. The bonds shall bear interest at a rate to be determined on the sale thereof, provided, however, that said rate shall not exceed the maximum rate of 7 per cent per annum. The redemption provisions of said bonds shall provide a premium of 5 per cent of unmatured principal. SECTION 13. 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 14. That after completion of this improvement and the payment of all claims from the improvement fund, the amount of the surplus, if any, remaining in the improvement fund by reason - �1- of the assessment and any supplemental assessment levied for said improvement shall be used: (a) for transfer to the general fund of the, County of Los Angeles provided that the amount of the surplus does not exceed Three Hundred Dollars.($300.00) or'5% of the total amount expended from the improvement fund, whichever is lesser; or, (b) if the amount of the surplus is greater than that allowed under (a), then as a credit upon the assessment and any supplemental assessment, in the manner provided in Section 10427.1 of the Streets and Highways Code. If any surplus results for the reasons stated in Sectionl0427.5 of the Streets and Highways Code, such surplus shall be disposed of as provided in that section. If there is no supplemental assessment, the entire amount of the surplus shall be applied as a credit to the assessment. That it is hereby determined, pursuant to Section 10427.2 of the Streets and Highways Code, that a portion of such surplus shall be applied as a credit to the U. S. Department of Housing and Urban Development as the agency which shall have made a con- tribution towards the costs and expenses of this improvement. A credit on -account of such contribution shall be made in the pro- portion which such contribution bears to the total amount of the assessment or supplemental assessment prior to the deduction of such contribution. All such credits shall be returned in cash to the County of Los Angeles. The surplus remaining in the improvement fund after making credits on account of such con- tribution shall then be applied.as a credit in the manner provided above. -12 - SECTION 15. 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. 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. MIZE, Executive Officer -Clerk of the Board of Supervisors of the County of Los Angeles. By Deputy - 13. -