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Resolution - 6223l i RESOLUTION NO. 6223 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DECLARING ITS INTENTION TO IMPROVE PROSPERO DRIVE AND CERTAIN EASEMENTS IN THE CITY OF WEST COVINA, 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 EXPENSE THEREOF SHALL BE ASSESSED UPON A DISTRICT (AD 80-,l THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA DOES 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 West Covina to order the fallowing work to be done, to wit: Construction of a street, curbs and gutters, street widening,, install sewer in street and easements and install street lighting and appurtenant work thereto. That all of the foregoing work shall be done in accordance with the profile and improvement plan No. 862 D, and any supplemental drawings mentioned thereon, which said profile and improvement plan was adopted by Resolution No. 6221 of the City Council on November 10,, 1980, and is- on file in the office of the City Engineer of the City of West Covina, and in accordance with specifications entitled Special provisions Prospero Drive, City Project AD 80-1 which_was-adopted by Resolution No. 6221 of the City Council on November 10, 1980. The City Council of the City of West Covina hereby determines 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 written consent of the owners of property first being obtained, such work may be done pursuant to such Section, and the cost thereof shall be added to the assessment of the lot on which the work is done. Resolution No. 6223 The work and improvement herein described shall be constructed to the grades, subgrades, and elevations severally shown upon said profile and improvement plan No. 862 D, and detailed drawings thereon, in the respective locations thereof. Reference hereby.,is made to the profile and improvement plan No. • 862 D, for a description of the grades to which all the work and improvements under this Resolution of Intention shall be done, wh ch.said grades hereby are adopted and established as. the official grades-the_refors, 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, different from existing ground levels. SECTION 2. The estimated cost of this improvement is $300,000.00. There shall be contributed to the cost of doing said work in an amount not to exceed the cost of the installation . charge by Edison Company to install street lights on Prospero Drive within the limits hereinabove set forth. Any portion of the cost of said work in excess of said Edison Company charge shall be as-sessed upon the. district. Contribution by said City shall be paid out of the. treasury of said City and from the Street Lighting Fund the.reof. . That said proposed work or improvement in the opinion of the City Council of the City of West Covina, is of more than local or ordinary public benefit, and the Council hereby proposes that the district in the City of Nest Covina to be benefited by said work or improvement and to be assessed to pay the cost and expenses thereof i.s shown on that certain plan or map No. 164 C, indicating the exterior boundary thereof, and showing the lots, • pieces and parcels of land proposed to be assessed, approved by Resolution No. - 6222 of the City Council on November 10, 1980, 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 assessment district includes, in general, the lots and parcels of land abutting -2- Resolution No. 6223 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 10oper annum, shall be issued to represent each assessment of $150.00 or more remaining unpaid for thirty days 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 next succeeding the next September 1st 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 Improvement Act • of 1911 hereinafter referred to. The redemption provisions of said bond shall contain a provision.providing for a premium of 5% of the ummatured principal. SECTION 4. Notice hereby is given that on February 23, 1981, at 8:00 P.M.,. in the Council Chamber of said City, in the City Hall located at 1444 West Garvey Avenue,.West Covina, California{, any and all persons having any objection to the proposed work or improvement, to the extent of the assessment district,, or both., may appear 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 contain a description of the property IS 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. =I= Resolution No. 6223 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 hereinbefore described assessment district, whose names and addresses appear . on the last equalized assessment roll for City taxes or as known to the City Clerk. SECTION 6. The City Council of the City of West Covina, 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. That it is the opinion of said City Council 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 7. The City Engineer's Department of the City of West Covina, whose telephone number is (213) 962-8631 hereby is designated by the City Council to answer inquiries regarding • the hearing procedures -for the Resolution of Intention and to answer inquiries relative to any hearings or proceedings concerning this- project where it is required by statute that such agency and telephone number.b.e so designated and provided. SECTION 8. The City Clerk shall cause this Resolution of Intention to be published twice in the "West Covina Tribune", a newspaper published and circulated in the City of West Covina, the first of which.publications shall be not less than ten (10) days prior to February 23, 1981, the date of said hearing, and which- hearing shall be not less. than fifteen (15), nor more than PlIxty (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 12th day of January 1981. ATTE. CITY CLERK -4- g Resolution No. 6223 I HEREBY CERTIFY that the foregoing resolution was adopted at a regularmeeting of the City Council of the City of West Covina held on the 12th day of January , 1981, by the affirmative vote of at least 3 councilmen, • to wit:. AYES: Councilmen Tennant, Tice, Shearer NOES: Councilmen None ABSNET: Councilmen Bacon, Chappell • Ae Ci y Clerk Helene M, ooney -5-