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CC - 1974-98 - Sanitary Sewers in highcliff StreetCITY OF ROSEMEAD RESOLUTION NO.;74-98 \ ROSEMEAD !MDROVET_-'NT NO. 2 FOR THE ACQUISITION OF NECESSARY RIGHTS OF WAY AND THE CONSTRUCTION OF SANITARY SEWERS IN HIGHCLIFF STREET AND OTHER RIGHTS OF WAY RESOLUTION OF INTENTION WHEREAS, the City Clerk of the City of Rosemead has on file a report from the Health Officer of the County of Los Angeles, recom- mending that proceedings be instituted as a health measure; and WHEREAS, the Council has found and determined by resolution that the public interest requires the construction of sanitary sewers in Highcliff Streets and other rights of way and that the im- provement is necessary as a health measure. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSE) AD RESOLVES: SECTION 1. That the public interest, convenience and necessity require. and that it is the intention of the Council to order the following accuisition to be made, work to be done, and improvement made-, to wit: First: The accuisition of permanent sanitary sewer rights of way, by gift, purchase, or eminent domain proceedings, consisting in general of the following: Parcel A. The easterly 5 feet of the westerly 265 feet of the J southerly 167.82 feet of the northerly 357.50 feet of Lot , Block \ 3, Subdivision of the Garvey Ranch as shown on map filed in book 52, pages 43 and 44 of Miscellaneous Records in the office of the Recorder of the County of Los Angeles. Parcel B. The southerly 6 feet of the northerly 357.50 feet of the easterly 52.87 feet of the westerly 317.87 feet of said lot. Parcel C.' The easterly 6 feel: of the westerly 323.87 feet of the northerly 156 feet of the southerly 306 feet of said lot. Parcel D. The easterly 6 feet of the westerly 323.87 feet of the southerly 150 feet of said lot. Parcel E. That portion of the private street known as High- cliff Street 50 feet wide, between the westerly line of Tract No. 18192, as shown or map filed in book 4451 pages 38 and 39, of Maps, in the office of the Recorder of the County of Los. Angeles, and the westerly lire, of the east half of said Lot 4, and the southerly 25 feet of said private street within_ the easterly 57.87 feet of the west half of said lot. Second: The acquisition of temporary rights of way for construction purposes, to be in full force and effect during the life of the con- tract for this improvement, by gift, purchase, or eminent domain proceedings, consisting in general of t^e following: Parcel F. A strip of land 10 feet wide easterly of and adjacent to the above Parcel.A. Parcel G. A strip of land 10 feet wide northerly of and adjacent to the above Parcel B. Parcel H. A strip of land 10 feet wide easterly of and adjacent to the above Parcel C. Third: The construction of sanitary sewers and appurtenances in The Above Described Permanent Sanitary Sewer Rights of Way and in Highcliff Street -2- 7Y 46 between the westerly line of said Tract No. 18192 and the southerly prolongation of the easterly line of Lot 2 of said Tract; and in Graves Avenue between a line approximately 317 feet easterly from the easterly line of Jackson Avenue and a line 6 feet easterly therefrom. Fourth: 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 TS EST!MALTED, WILL COST THE SUM OF THIRTY-ONE THOUSAND, TH_ITREL' HUNDRED DOLLARS (531,300.00) in which is included the estimated cost of acouisition and incidentals thereto in the amount of $2,500.00. SECTION 2. That all the work and improvements aforesaid shall be done and performed as shown and in accordance with arid to the grades shown_ on the plans, profiles and specifications therefor, filed in the office of the City Council. Reference is hereby made to said plans, profiles and specifications for a full and detailed description of said proposed work or improvement, and said plans, profiles and specifications shall govern for all details of the proposed work or improvement, and for the description of the grade to .which this work is to be done. SECTION 3.- That the Council hereby makes the expense of the work or -im- provement chargeable upon a district, which district the Council hereby declares to be the district benefited by the work or improve- ment 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 Council and endorsed with the certificate of the Clerk of the Council is on file in the above-mentioned office of the Council. Reference is hereby made to the map for a full and complete description of the -3- 7 FaP assessment district and the map shall govern for all details as to the extent of the assessment district. SECTION d. 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 limit specified i-!'1 she contract or within such further time as this Council,shall have authorized, the con- tractor shall pay to the City of Rosemead liquidated damages. The liquidated damaq s for this improvement are fixed in the amount of fifty dollars 050) per day. ?Money received by the City of Rosemead on account of such liquidated damages shall be disbursed as provided in Section 5254.5 of the Streets and. Highways Code. SECTION 5. That serial bonds shall be issued in accordance with Division 7, Streets and Highways Code, to represent each assessment of fifty dollars (850) or more remaining unpaid after the date specified in the statements mailed to the property owners, which date shall be not less than thirty (30) days from the date of mailing. The serial bonds shall extend over a period ending nine years from the second day of January next succeeding the next September 1st following their date, and shall bear interest at the rate of seven (7) percent Der annum on all sums unpaid, until the whole of the principal and inter- est is paid. The redematior_ provisions of said bonds shall provide a Dremium of five percent of the un-matured ArinciDal. The principal sum shall become due and payable to the City Treasurer in eaual annual payments on each October 15th succeeding 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 City Treasurer on each fifteenth day of April and October, the last interest payment -4- coming due the October 15th immediately preceding the last annual 11 bayment of the principal of the bonds issued to represent the unpaid assessment. SECTION 6. That if the actual cost of the acquisition as finally determined is less than the amount included in the assessment as the cost of such acquisition, such excess shall be refunded or credited in pro- portion to the amount of the assessments that were levied for such acquisition cost as follows: Where the assessment and all installments thereof and all in- terest and penalties due thereon have been paid, such refund shall be returned in cash to the person who paid the corresponding assess- went or installment, upon his furnishing satisfactory evidence of such payment. Where the assessment or any installment thereof is unpaid, the credit shall be applied upon such assessment or upon the earliest un- paid installment of principal and interest. SECTION 7. That the proceedings for the aforesaid.work or improvement shall be under and in accordance with Division 7, Streets and High- ways Code. SECTION 8. That the streets hereir_before referred to are public streets and are located in the City of Rosemead. SECTION 9. That it is the opinion of the Council that the public interest will not be served by allowing the property owners to take the con- tract for the work to be done under these proceedings. SECTION 10. 1LLday of ~i( Az 191;5 That the cyA at the hour WON) p.m. of said day, is the day and the hour and the Chambers of the City Council, 8838 Valley Boulevard, Rosemead, California 91770, is the place fixed by the Council when and where any and all persons having any objections to the proposed work or -5- improvement 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 before the Council and show cause why the proposed work or improvement should not be carried out in accordance with this Resolution. SECTION 11. That the Street Superintendent 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. SECTION 12.. That the Clerk of the Council shall certify to the adoption of this Resolution and shall cause the same to be published for two days in the Q2LO, L_~L a newspaper p •'lag'. ati4 circulated in the City Rosemead, which is hereby designated for that purpose by the Council. That the Council does hereby direct the Clerk thereof to mail notices of the adoption of this Resolution of Intention to all per- sons owning real property proposed to be assessed for the work here- in described whose names and addresses appear on the last equalized assessment roll of the'County of Los Angeles or as known to the Clerk, the contents of said notices to be as required by law. The foregoing resolution was on the / 9 _day of adopted by the City Council of the City of Rosemead, State of California. Zayo City of Rosemead, alifornia ATTEST: C/i-t- erk Cit o ,"f Ro me, Ca fornia -6-