CC - 1968 - 079 - Acquisition of Necessary Rights of WayCITY OF ROSEMEAD
RESOLUTION NO. 68-79
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD ORDERING THE ACQUISITION OF NECESSARY
RIGHTS OF WAY AND THE CONSTRUCTION OF SANITARY
SEWERS AND DETERMINING LIQUIDATED DAMAGES,
ROSEMEAD IMPROVEMENT NO. I
WHEREAS, the Resolution of Intention in the matter of
Rosemead Improvement No. 1, for the acquisition of necessary
rights of way and the construction of sanitary sewers in Abilene
Street in the City of Rosemead, was adopted by the City Council
of the City of Rosemead June 25, 1968; and
WHEREAS, due notice of said hearing has been published
and posted as required by law, and notice of said proposed improve-
ment has been mailed to the property owners; and
WHEREAS, all protests in the matter have been duly con-
sidered.
NOW, THEREFORE, the City Council of the City of Rosemead
does hereby resolve as follows:
Section 1. That all protests against the proposed
acquisition an improvement be and they are hereby overruled and
denied, upon the finding which is hereby made, that they are made
by owners of less than 50% of the area of the proposed district.
Section 2. That the acquisition and work described in
the. Reso ution o Intention for Rosemead Improvement No. 1, adopted
on the 25th day of June, 1468, is required by public interest and
convenience, and it is hereby ordered that said acquisition be made
and that said work be done.
Section 3. That it is hereby determined that because
damages wo- u13- every difficult to ascertain, in the event the
contractor does not complete the work within the time limit speci-
fied in the contract or within such further time as this Council
shall have authorized, the contractor shall pay to the City of
Rosemead liquidated damages. The liquidated damages for this
improvement are fixed in the amount of fifty dollars ($50) per day.
Money received by the City of Rosemead on account of such liqui-
dated damages shall be disbursed as provided in Section 5254.5 of
the Streets and Highways Code.
Section 4. That in accordance with the provisions of
Section o the Streets and Highways Code, this City Council
hereby waives the payment in advance of all incidental expenses
and acquisition costs.
Section 5. The City Council hereby directs that the
assessment hereafter to be made in these proceedings shall be made
and signed by the City Engineer.
The City Council hereby directs that the work shall be
done under the direction of the City Engineer, and the materials
used shall comply with the specifications and be to the satisfac-
tion of said City Engineer.
Section 6. The City Council hereby directs the City
Engineer to prepare invitations for sealed bids for doing the
work and improvement of Rosemead Improvement No. 1, as described
, •
in the Resolution of Intention for Rosemead Improvement No. 1,
adopted on the 25th day of June, 1968, all in accordance with the
provisions of Division 7 of the "Improvement Act of 1911" of the
Streets and Highways Code of the State of California. Said bids
shall be received until the hour of 3:00 p.m. of September 5,
1968, at the office of the City Clerk of the City of Rosemead.
Said bids shall be opened, examined and declared by the Deputy
City Clerk at a public meeting to be held at 3:15 p.m. on
September 5, 1968, in the Council Chambers of the Rosemead City
Hall, who shall report the results of the bidding to the City
Council of the City of Rosemead at its next regularly scheduled
meeting after September 5, 1968.
1968 PASSED, APPROVED AND ADOPTED this 13th day of August,
.
MAYUK o the City o osemea
ATTEST: