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HomeMy WebLinkAbout1980 067 CC RESO1980 067 CC RESO(ÌìîY RESOLUTION NO. 80-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA; DECLARING ITS INTENTION TO ORDER CONSTRUCTION OF INDUSTRIAL STREET B" IMPROVEMENT OF RIVERGRADE ROAD, LIVE OAK AVENUE AND ALL WORK APPURTENANT THERETO; DESCRIBING THE PROPOSED IMPROVEMENT? DECLARING ITS INTENTION TO ORDER THE ACQUISITION OF CERTAIN LANDS, RIGHTS-OF-WAY AND EASEMENTS; DECLARING THE WORK TO BE OF MORE THAN LOCAL OR ORDINARY PUBLIC BENEFIT? SPECIFYING THE EXTERIOR BOUNDARIES OF THE DISTRICT TO BE BENEFITED BY SAID WORK AND TO BE ASSESSED TO PAY THE COST AND EXPENSE THEREOF; DESIGNATING SAID DISTRICT AS RIVERGRADE COMMERCENTER ASSESSMENT DISTRICT"; DETERMINING THAT THESE PROCEEDINGS SHALL BE CONDUCTED PURSUANT TO THE IMPROVEMENT ACT OF 1911"; AND FIXING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO. THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, PURSUANT TO THE PROVISIONS OF THE IMPROVEMENT ACT OF 1911, BEING DIVISION 7 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, DOES RESOLVE AS FOLLOWS: DESCRIPTION OF WORK SECTION 1. That the public interest and convenience require and it is the intention of the City Council of the City of Baldwin Park, California, to order the following work to be done, to wit: Installation and construction of: 1. Curb and Gutter 9. Drainage facilities 2. Sidewalk 10. Water lines 3. Driveway approaches 11. Gas lines 4. Clearing and grading 12. Electrical distribution 5. Street Pavement facilities 6. Street Lights 13. Telephone facilities 7. Sewers 14. Any and all work and 8. Landscaping materials appurtenant thereto all in the manner, means and to the extent shown on map on file in the office of the City Clerk entitled Rivergrade Commercenter Assessment District". LOCATION OF WORK SECTION 2. The foregoing described construction and improvement is to be located in Industrial Street B" between Live Oak Avenue and the Irwindale City Boundary, and in construction deasements described in Section 4, and within Rivergrade Road and Live Oak Avenue. PLANS, PROFILES/ DRAWINGS AND SPECIFICATIONS SECTION 3. All of the said work and improvements to be done shall be constructed upon the grades, along the lines, between the points, of the dimensions, at the places and in the manner shown on the plans, profiles and drawings and specifications for the construction of said improvements in and along the public streets and rights-of-way above described, as approved by Resolution No, 80-65 on file in the office of the City Clerk of said City; and to which map, plans and specifications referenced is hereby made for further, full and more particular description of said work, and said map, plans and specifications shall govern as to all details thereof. ACQUISITION SECTION 4. The public interest, necessity and convenience require and it is the intention of the City of Baldwin Park, BIB] 37679-U01 1980-U02 067-U02 CC-U02 RESO-U02 LI3-U03 FO10488-U03 FO10490-U03 DO10586-U03 C6-U03 RESO-U03 2/26/2003-U04 ROBIN-U04 1980 067 CC RESO(ÌìîYResolution No. 80-67 Page 2 California, to order the acquisition of the following described lands, rights-of-way and easements, all of which are hereby deter- mined to be necessary in connection with the work and improvement hereinbefore described, and to assess the costs of such acquisition, including all incidental expenses thereof, as a part of the costs of said work and improvements, to wit: all that certain real property, or interests in real property situated in the City of Baldwin Park, as shown on the Assessment District Map approved by Resolution No. 80-65. DESCRIPTION OF ASSESSMENT DISTRICT SECTION 5. That the contemplated acquisition, work and improvement, in the opinion of said City Council, is of more than local or ordinary public benefit, and the said City Council hereby makes the expenses of the said acquisition work and improvement, chargeable upon a district, which said district the said City Council hereby declares to be the district assessed to pay the costs and expenses thereof, and which district is described as follows: All that certain territory of the City of Baldwin Park, exclusive of public streets and alleys, included within the exterior boundary line shown upon that certain Map of Rivergrade Conunercenter Assessment District," heretofore approved by the City Council of said City by Resolution No. 80-65 indicating by said boundary line the extent of the territory included within the proposed assessment district as amended, and which map is on file in the office of the City Clerk of said City. Reference is hereby made to said map for a further, full and more particular description of said assessment district, and the said map so on file shall govern for all details as to the extent of said assessment district. DESCRIPTION OF BONDS SECTION 6. Serial bonds, bearing interest not to exceed the maximum permitted by law shall be issued to represent each assessment of Fifty Dollars $50.00) or more, remaining unpaid for thirty 30) days after the due date as set forth in Section 5390 of the Streets and Highways Code. Said serial bonds shall extend over a period ending fifteen 15) years from the second day of January next succeeding the next September first following their date. Said bonds shall contain a five percent 5%) redemption penalty provision as provided by Section 6464 of the Streets and Highways Code. Payments on the principal of unpaid assessments and interest thereon shall be made by property owners to the City Treasurer, and the same be disbursed by said City Treasurer, all as provided in the Improvement Act of 1911," herein referred to. Pursuant to Section 6442 of Streets and Highways Code, the first one percent 1%) penalty shall be retained by the City Treasurer all subsequent penalties shall be paid to the bondholder. TIME AND PLACE OF HEARING SECTION 7. NOTICE IS HEREBY GIVEN, that on the day of September 17, 1980, at the hour of 7:30 p.m., in the Council Chambers of the City Council in the City Hall at 14403 East Pacific Avenue, in the City of Baldwin Park, any and all persons having any objections to the proposed acquisition, work or improvement or to the extent of the assessment district, or the proposed grades, may appear and show cause why said acqusition and work should not be done or carried out or why said district should not be formed in accordance with this Resolution of Intention. Protests must be in writing, and must be delivered to the City Clerk prior to the time set for the hearing. BIB] 37679-U01 1980-U02 067-U02 CC-U02 RESO-U02 LI3-U03 FO10488-U03 FO10490-U03 DO10586-U03 C6-U03 RESO-U03 2/26/2003-U04 ROBIN-U04 1980 067 CC RESO(ÌìîYResolution No. 80-67 Page 3 ESTIMATED COSTS SECTION 8. The Engineer of Work has estimated the costs of such work and improvement at $1,500,000.00, acquisition of $100,000.00; and miscellaneous incidental expenses and cost of these proceedings as authorized by the Improvement Act of 1911 at $320,000.00; for a total estimated cost of $1,920,000.00. 1931 ACT SECTION 9. A proceeding is being concurrently processed pursuant to Division 4 of the Streets and Highways Code. SECTION 5104 WORK SECTION 10. The City Council determines that the public interest requires and it will be more economical to do certain limited corrective work on private property to the extent authorized by Section 5104 of the Streets and Highways Code. SPECIFICATION DETAIL SECTION 11. The structures, work and improvements described herein shall be constructed to the grades, subgrades and elevations severally shown upon the plans and profiles and detailed drawings thereof in the respective locations thereof, to which plans and profiles reference is hereby expressly made for a description of the grades to which all of the work and improvements under this Resolution of Intention shall be done, which said grades are hereby adopted and established as the official grades therefor for all purposes in connection with proceedings pursuant to this Resolution of Intention; notice is hereby given that said grades are or may be, in part, new and different from existing ground levels. The plans and specifications, profiles and detailed drawings and diagrams accompanying the same, are hereby expressly referred to for full and detailed description and location of said proposed acquisition, work and improvements, the public streets and rights-of- way involved, and the grades of the public streets and rights-of-way involved, and the grades to which said improvements are to be constructed. There shall be excepted from all of the herein described work all of said work that has already been done to the lines and grades shown on said plans and specifications; All of said work shall include, without duplication, any and all streets, intersections, terminations and opposite termination occurring within the limitations of said work; All of said classes of work above described may not be con- structed upon all of the streets and/or public ways above described in their entirety, but only upon the particular locations as shown on the plans and specifications; The improvement includes all appurtenant work, including trenchings, pipes, supplies, equipment, fittings, grading, excavation and fill, removal of obstructions, connections, backfilling, recon- struction, repaying and restoration. IMPROVEMENT ACT OF 1911 SECTION 12. All of the work herein proposed shall be done and carried through in pursuance of an Act of the legislature of the State of California, designated the Improvement Act of 1911" being Division 7 of the Streets and Highways Code of the State of California. BIB] 37679-U01 1980-U02 067-U02 CC-U02 RESO-U02 LI3-U03 FO10488-U03 FO10490-U03 DO10586-U03 C6-U03 RESO-U03 2/26/2003-U04 ROBIN-U04 1980 067 CC RESO(ÌìîYResolution No. 80-67 Page 4 PUBLICATION OF RESOLUTION OF INTENTION SECTION 13. The Baldwin Park Bulletin, a newspaper printed, published and of general circulation in the City of Baldwin Park, California, is hereby designated as the newspaper in which this Resolution of Intention and all publications in connection with these proceedings shall be published by the City Clerk in the form provided by law. MAILING OF NOTICE SECTION 14. The City Clerk is directed to mail notices of the adoption of this Resolution of Intention to all persons owning real property proposed to be assessed in these proceedings, whose names and addresses appear on the last equalized assessment roll for taxes, all in the manner and form provided for under Sections 5070, 5194, 5195 and 5197 of the said Improvement Act of 1911," of said Streets and Highways Code. POSTING OF NOTICE OF IMPROVEMENTS SECTION 15. The Superintendent of the Streets of the City shall cause to be conspicuously posted along the line of said contemplated work or improvement and along all open streets within the district liable to be assessed for said work, notices of the passage of this Resolution of Intention in the time, form and manner provided by said Streets and Highways Code. CERTIFICATION SECTION 16. The City Clerk shall certify to the adoption of this Resolution. APPROVED and ADOPTED this/^th/day of August, 1980. MAYOR ATTEST: LI1SIDA L. GAIR, CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES) SS: CITY OF BALDWIN PARK I, LINDA L. GAIR, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at its regular meeting of the City Council on the 6th day of August, 1980, by the following vote: AYES: Holman, McNeill, Aguilar, King and Mayor White COUNCILMEN NOES: COUNCILMEN^ ABSENT: COUNCILMEN LINDA L. GAIR, CITY CLERK BIB] 37679-U01 1980-U02 067-U02 CC-U02 RESO-U02 LI3-U03 FO10488-U03 FO10490-U03 DO10586-U03 C6-U03 RESO-U03 2/26/2003-U04 ROBIN-U04