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CC RESOLUTION 231410754 RESOLUTION NO. 231+ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO DECLARING ITS INTENTION TO IM- PROVE WEST ELM AVENUE EXTENSION IN THE CITY OF EL SEGUNDO, DETERMINING THAT BONDS SHALL BE ISSUED TO REPRESENT THE COST THEREFOR, DECLARING THE WORK TO BE OF MORE THAN LOCAL OR ORDINARY PUBLIC BENEFIT, AND THAT THE EX- PENSE THEREOF SHALL BE ASSESSED UPON A DIS- TRICT. (A.D. -70) THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, pursuant to the provisions of the "Improvement Act of 1911 ", be- ing Division 7 of the Streets and Highways Code of the State of California, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the public interest and convenience require, and it is the intention of the City Council of the City of E1 Segundo to order the following work to be done, to wit: DESCRIPTION OF WORK The construction of certain grading, paving, curbs and gutters, gas distribution system, water distribution system, un- derground power and telephone conduit, sanitary sewers and storm drains together with appurtenances and appurtenant work in con- nection therewith in West Elm Avenue Extension from Hillcrest Street easterly 337 feet, more or less, and the construction of water distribution system from the end of said West Elm Avenue Extension easterly a distance of 151 feet, more or less, to a water main in Loma Vista Street together with the grading of private property within the Assessment District. That all of the foregoing work shall be done in ac- cordance with the profile and improvement plan, bearing Job No. 68 -11 consisting of four sheets bearing file numbers B258, E236, G189 and B261 and any supplemental drawings mentioned thereon, which said profile and improvement plan was adopted by Resolu- tion No. 2310 of the City Council on March 23, 1970, and is on -1- 10 7I�Z`35 file in the office of the City Engineer of the City of E1 Segundo, and in accordance with specification entitled "Specification No. 68 -11 for the Improvement of Elm Avenue East of Hillcrest" which was adopted by Resolution No. 2310 of the City Council on March 23, 1970. The City Council of the City of E1 Segundo hereby deter- mines that it is in the public interest and more economical to do work on private property to eliminate any disparity or level in size between the improvement and driveways, house - walks, and sewers than to adjust the work on public property to eliminate such disparity, all as provided in Section 5104 of the Streets and Highways Code of the State of California, and subject to the con- sent of the owners of property first being obtained, such work may be done pursuant to such Section, and the cost thereof shall not exceed $200.00 on any one parcel of land or lot, and shall be added to the assessment of the lot on which the work is done. The work and improvement herein described shall be con- structed to the grades, subgrades, and elevations severally shown upon said profile and improvement plan, bearing Job No. 68 -11 consisting of four sheets bearing file numbers B258, E236, G189 and B261 and detailed drawings thereon, in the respective loca- tions thereof. Reference hereby is made to the said profile and improvement plan, bearing Job No. 68 -11, for a description of the grades to which all the work and improvements under this Resolu- tion of Intention shall be done, which said grades hereby are adopted and established as the official grades therefor, for all purposes in connection with the proceedings pursuant to this Resolution of Intention. Notice hereby is given that said grades are or may be, in part, new and different from those heretofore established or existing, or may be, and in some cases are, dif- ferent from existing ground levels. -2- 10 71Zb SECTION 2. The estimated cost of this improvement is $37,967.60. There shall be contributed to the cost of doing said work in an amount not to exceed the cost of construction of all improvements on water distribution within the limits hereinabove set forth except service laterals. Any portion of the cost of said work in excess of $4,000.00 shall be assessed upon the dis- trict. Contribution by said City shall be paid out of the Treasury of said City and from the Water Fund thereof. That said proposed work or improvement in the opinion of the City Council of the City of El Segundo, is of more than local or ordinary public benefit, and the Council hereby pro- poses that the district in the City of El Segundo to be benefited by said work or improvement and to be assessed to pay the cost and expenses thereof is shown on that certain plan or map, bear- ing file number C -97, indicating the exterior boundary thereof, and showing the lots, pieces and parcels of land proposed to be assessed, approved by Resolution No. 2311 of the City Council on March 23, 1970, and on file in the office of the City Engineer. Said plan or map hereby is referred to and shall govern for all details as to the extent of the assessment district. The as- sessment district includes, in general, the lots and parcels of land abutting upon or contiguous to the hereinabove described streets, but reference hereby is made to said plan or map for all details as to the extent of said assessment district and for any variation between the last mentioned general description and the extent of the assessment district as shown on the plan or map. All public streets or alleys, or portions thereof, hereby are excepted from said district. SECTION 3. That serial bonds, bearing interest at the rate of 7% per annum, shall be issued to represent each assessment of $50.00 or more remaining unpaid for thirty days -3- 1077 after the mailing of the notice by the contractor as provided in Section 5390 of the Streets and Highways Code. Said serial bonds shall extend over a period ending nine years from the second day of January nextsucceeding the next September lst following their date. Payments on the principal of unpaid assessments and interest shall be made by property owners to the City Treasurer, and the sums shall be disbursed by him or as provided in the Im- provement Act of 1911 hereinafter referred to. SECTION 4. Notice hereby is given that on May 11, 1970, at 7 o'clock P.M., in the Council Chamber of said City in the City Hall located at 350 Main Street, E1 Segundo, California, any and all persons having any objection to the proposed work or improve- ment, to the extent of the assessment district, or both, may ap- pear before the City Council and show cause why the proposed work or improvement should not be carried out in accordance with this Resolution of Intention. Protests must be in writing, must con- tain a description of the property sufficient to identify it, and must be delivered to the City Clerk not later than the hour set for hearing. SECTION 5. The Superintendent of Streets immediately shall cause notice of the passage of this Resolution of Intention to be posted conspicuously along the line of the contemplated work or improvement and along all the open streets within said district, in the manner and form prescribed by law. The City Clerk hereby is directed to mail notices, in the manner and form prescribed by law, of the adoption of this resolution to all persons owning real property in the herein - before described assessment district, whose names and addresses appear on the last equalized assessment roll for City taxes or as known to the City Clerk. -4- SECTION 6. The City Council of the City of E1 Segundo, in making the improvement and in doing the work prescribed herein, elects to proceed under and in accordance with the provisions of the Improvement Act of 1911, being Division 7 of the Streets and Highways Code of the State of California. SECTION 7. As authorized by Section 5135 of the Streets and Highways Code of the State of California, the City Council elects to agree to purchase, out of the general funds of the City at the option of the contractor, an assignment of the war - rant,assessment and diagrams upon delivery thereof to the con- tractor. SECTION 8. The City Clerk shall certify to the adoption of this Resolution of Intention and shall cause the same to be published twice in "The El Segundo Herald ", a newspaper published and circulated in the City of E1 Segundo, the first of which pub- lications shall be not less than ten (10) days prior to May 11, 1970, the date of said hearing, and which hearing shall be not less than fifteen (15), nor more than sixty (60) days after the date of adoption of this resolution. SECTION 9. The City Clerk shall certify to the adoption of this resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 23rd day of March 1970. Mayor pro Tempore ATTEST: -eXe� _, 0 2(• (.iii cry._ City Clerk (SEAL) I HEREBY CERTIFY that the foregoing resolution was adopted at a regular meeting of the City Council of the City of 20 El Segundo held on the 23rd day of March , 1970, by the affirmative vote of at least three councilmen, to wit: AYES: Councilmen: Nagel, Stephens and Mayor Pro Tempore Balmer; NOES: Councilmen: None; ABSENT: Councilmen: Mayor Carr; NOT VOTING: Councilman Frederick. City Clerk (SEAL) 10 STATE OF CALIFORNIA, ) 1 COUNTY OF LOS ANGELES, ) SS CITY OF EL SEGUNDO. ) I, EUNICE U. CREASON, City Clerk of the City of E1 Segundo, California, DO HEREBY CERTIFY that the whole number of members of the City Council of the said City is five; that the foregoing Resolution, being Resolution No. 2314 was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the 23rd day of March 197 and that the same was so passed and adopted by the following vote: AYES: Councilmen Nagel. Stephens and Mayor Pro Tempore Balmer: NOES: Councilmen None-, ABSENT: Mayor Carr; NOT VOTING: Councilman Frederick. WITNESS my hand and the official seal of said City this 27th day of March , 1970 ity Clerk of the City of egun o California (SEAL)