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HomeMy WebLinkAboutResolution No. 59300 RESOLUTION NO. 5930 OF THE CITY OF AZUSA RESOLUTION GRANTING CONSENT AND JURISDICTION TO THE COUNTY OF LOS ANGELES IN THE MATTER OF COUNTY IMPROVEMENT NO. 2527-M CONWELL AVENUE AND OTHER RIGHTS OF 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 construction of sanitary sewers, and the reim- bursement for a portion of the cost of existing sewers in Conwell Avenue and other rights of way under County Improvement No. 2527-M; and WHEREAS, the proposed improvement includes work in portions of Donna Beth Avenue, Orkney Street and Renwick Road 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 con- struction of sanitary sewers in Conwell Avenue and other rights of way, and the reimbursement for a portion of the cost of exist- ing sewers, all 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 consents to the use for said improvement of those portions of Donna Beth Avenue, Orkney -Street and Renwick Road 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 inclusion of said land within the proposed assessment district and to the assessment thereof. SECTION 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 eicclusive,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 - I HEREBY CERTIFY that the foregoing resolution was adopted. by the City Council of the City of Azusa at its meeting held Dec. 20, 1971, by the following vote: AYES: Councilmen: Rubio, Decker, Snyder, Clark, Solem NOES: Councilmen: None ABSENT: Councilmen: None By Deputy Gity Clerk Signed and approved this 20th day of December , 19 71 Mayor of he City of Azusa 6-- I hereby certify that the foregoing document is a full, true and correct copy of Resolution No..5930 on file in the Office of the City.Clerk of the City of Azusa, California. Deputy City Clerk 0 COUNTY IMPROVEMENT NO. 2527-M (CONWELL AVENUE) FOR THE CONSTRUCTION OF SANITARY SM—jERS RESOLUTION OF INTENTION WHEREAS, it has been determined by the Board of Super- visors of. the County of Los Angeles that proceedings be corrr:enced and conducted under and in accordance with.provi- o::; of the Municipal Improvement Apt of 1913 for the _ nstruc ion of sanitary sewers, and the reimbursement for a i .onion of the costs of existing sewers under County Improvea.ent No. 2527-M (Conwell Avenue); and WHEREAS, it is the intention of the Board to undertake these proceedings pursuant to Article XIII, Section 17 of the ":Stitution of the State of California, as implemented by ::finance No. 7647 of the County of Los Angeles, to determine whether the public convenience and necessity require the _:..._ovements hereinafter described; and WK-EREAS, if after proper notice and hearing, the Board __:ermines by not less than a four-fifths vote of all its rT..bers that the public convenience and necessity require such 0 Ll it may corder such improvements Without compliance e:z 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. 2527-M (Conwell Avenue) will use the trunk sewer constructed under said agreement and should be assessed a reasonable charge for such use; 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. 2527-M anticipate the inclusion of approximately 69.99 acres subject to assessment for the aforementioned City .of Azusa connection fees; and WHEREAS, the proposed improvement includes work in portions ,I Donna Beth Avenue, Orkney Street and Renwick Road 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 197/ , adopt a Resolution Granting Consent and Jurisdiction to the County of Los Angeles in this proceeding. - 2 - • NO%', THEREFORE, THE 3OARD RESOLVES: SECTION 1 That it is the intention of the Board to determine that the public convenience and necessity require work to be done and improvement made, partly in the City of Azusa and partly in unincorporated territory of the County of Los Angeles,State of California, and to order such work and improvement made as follows, to -wit: First: The construction of sanitary sewers and appur- tenances in ORKNEY STREET between the centerline of C01f�4ELL AVENUE and the easterly line of Lot 151, Tract No. 19685, as shown on map recorded in Book 505, Pages 8 to 14 inclusive, of Maps, and between HEATHDALE AVENUE and the .most easterly terminus of said ORKNEY STREET as shown on Tap of above-mentioned Tract No. 19685; and in PAYSON STREET AND KIRKWALL ROAD between HEATHDALE AVENUE and the easterly termini of said PAYSON STREET and KIRKWALL ROAD as shown on map of above-mentioned Tract No. 19685; and in RENWICK ROAD cetween DONNA BETH AVENUE and the most easterly terminus of said nEi•4ICK RO„D as shown on map of above-mentioned Tract No. 19685; and in NEiriBURGH STREET baween DONNA BETH AVENUE and CERRITOS AVENUE; and in LAXFORD ROAD between DONNA BETH AVENUE and the easterly line of Lot 252, above- 7.entioned Tract No. 19685; and in - 3 - DONNA BETH AVENUE �J between GLADST_ONE STREET and the southerly line of WOODCROFT STREET; and in CON'.JELL AVENUE between the northerly terminus of said COdELL AVENUE as shown on map of above-mentioned Tract No. 19685 and RENWICK ROAD; and in DUXFORD AVENUE between ORKNEY STREET and REtiWICK ROAD; and in HEATHDALE AVENUE between the northerly line of Lot 21 above-mentioned Tract No. 19685 and the southerly line of REIvWICK ROAD and in the intersection thereof withi E;.Buii GH STREET; and in LARKIN DRIVE between the northerly line of Lot 14, above-mentioned Tract No. 19685 and 0=wuEY STREET. Second: The resurfacing of the trench in streets or rights of way wherein aforementioned sanitary sewers are constructed. SECTION 2. That the sum of ONE HUNDRED FORTY DOLLARS AND SEVENTY-ONE CENTS (;140.71) per acre is a reasonable charge for the use of the trunk i sewer constructed under the Agreement between City of Azusa and Sanitation District 22 and Paul W. and Marie H. Ronald and Lee Arce and Partin Arce and said amount shall be included in assessments levied for district purposes. - 4 - SECTION 3. PJ 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, $/x$.29 based upon the aforementioned charge of $140.71 per acre, from the Improvement Fund for said im- provement and cause it to be transmitted to the City of Azusa. SECTION 4. That the district to be benefited by said improvement and to be assessed to pay the cost and expense thereof, including 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 - Clark 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 5. 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 °rf 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 the acquisition of the use of the above referred to sewers, and the cost of the incidental expenses in connection therewith. 5 - 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 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 upon the several subdivisions 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 6. The Board of Supervisors proposes to find and determine that the public convenience and necessity require such improvement. At the time and place 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, i 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 o the Streets and Highways Code of the State of California. SECTION 7. That it is hereby determined and declared that serial bonds -6- 0 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 lst 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 i 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 8. 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 a. 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 -7- 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 ($1,00.00) 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 Section10427.5 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. - 8 - SECTIO?. 10. 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 - 9 -