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HomeMy WebLinkAboutCity Council - 420 • RESOLUTION OVERRULING PROTEST NO. 420 WHEREAS: THE BOARD OF TRUSTEES OF THE CITY OF HUNTINGTON BEACH! CALIFORNIA, DID ON THE 21ST DAY OF JANUARY, 1924, PASS ITS RESOLUTION OF INTENTION NO.413 TO ORDER CERTAIN WORK TO BE DONE AND IMPROVEMENT MADE IN SAID CITY TO-WIT: RESOLUTION OF INTENTION NO. 413 A RESOLUTION OF THE BOARD OF TRUS- TEES OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE PAVING AND OTHERWISE IMPROVING OF FIFTEENTH STREET IN THE SAID CITY OF HUNTINGTON BEACH FROM THE NORTHEASTERLY LINE OF OCEAN AVE- NUE TO THE SOUTHWESTERLY CURB LINE OF PALM AVENUE; DECLARING THE SAID WORK OR IMPROVEMENT TO BE OF MORE THAN LOCAL OR ORDINARY PUBLIC BENEFIT; DECLARING THE DISTRICT TO BE BENEFITTED BY SAID WORK OR IMPROVEMENT AND TO BE ASSESSED TO PAY THE COST OR EXPENSE THEREOF; DETER- MINING THAT BONDS SHALL BE ISSUED TO REPRESENT SAID COST AND EXPENSE AND FIXING A TIME AND PLACE FOR HEARING OB- JECTION TO SAID WORK OR IMPROVEMENT OR TO THE EXTENT OF THE DISTRICT TO BE ASSESSED, OR BOTH. The Board of Trustees of the City of Huntington Beach do resolve as follows: Section 1. That the public interest and conven- ience require and it is the intention of the Board of Trus- tees of the said City of Huntington Beach, California, to order the construction of the following described work and improvement in said City, to-wit: l t Th adin to the official grade there- ofs e. e �' g �' of Fifteenth Street in said City for the entire width if the roadway, from curb line to curb line, together with the intersections of intersecting streets and alleys between the curb lines of said streets and alleys and from property line to property line of said Fifteenth Street, from the Northeasterly line of Ocean Avenue to the Southwesterly curb line of Palm Avenue. 2nd. The paving of the roadway of said Fifteenth Street in said City from curb line to curb line, together with the intersections of intersecting streets and alleys, between the curb lines of said intersecting streets or alleys, and from property line to property line of said Fifteenth Street from the Northeasterly line of Ocean Avenue to the Southwesterly cur*ine of said Palm Avenue with a paving consisting of a two (2) inch Willite Composition wearing surface laid upon a three (3) inch asphaltic concrete base. 3rd. The construction of the following corrugated galvanized iron half-round ten (10) gauge culverts on a two (2) inch thick concrete base; said culvert to be fif- teen (15) inches wide at the base with a five (5) inch rise. One culvert as above described shall be constructed and placed wit# the inner edge of said culvert contiguously -2- • and adjacent to the curb lines produced of said Fifteenth Street on both sides of the intersection of said Fifteenth Street and Walnut Avenue crossing said Walnut Avenue with feeders to the same on the Southerly and Easterly corners of said intersection - said feeders to be placed contiguously and adjacent to the curb line of said Walnut Avenue at said intersection; two (2) culverts as above described shall be constructed and placed with the inner edge of said cul- verts contiguously and adjacent to the curb line of Orange Avenue produced from property line to property line of said Fifteenth Street and across Fifteenth Street with feeders on the Northerly and Westerly corner of the tntersection of said Fifteenth Street and said Orange Avenue; also two (2) culverts contiguously and adjacent to the said curb line of fifteeth Street on both sides of said street, cross- ing Magnolia Avenue, with feeders as above described on all four corners of said intersection; also two (2) cul- verts as above described crossing Acacia Avenue with feed- ers on the Northerly and Westerly corners of the intersection of said Acacia Avenue and Fifteenth Street, also one (1) culvert across the Westerly corner of the intersection of Palm Avenue and said Fifteenth Street commencing at a point where the Northwesterly property line of said Fifteenth Street produced intersects the Southwesterly curb line of said Palm Avenue and running to a point where the South- -3- � s westerly property line of said .Palm Avenue intersects the Northwesterly curb line of said Fifteenth Street - said culvert to be of the type as above described. Cement con- crete headwalls shall be constructed at the ends of the above culverts and feeders as shown on the plan. 4th. The construction of an ornamental lighting system described as follows: Twenty three (23) ornamental single light standard fully equipped with a single light and connected with three quarter (3/4) inch galvanized electric conduits placed underground adjacent to the curb line. Twelve (12) of said single light standards on the Northwesterly side of said Fifteenth Street and eleven (11) on the Southeasterly side of said street and spaced approxi- mately two hundred and thirty (230) feet apart as is more particularly shown on said plan, profile and cross-section. They shall be of a single circuit and said circuit shall terminate at the pole of the Southern California Edison Electric Company which is situated twenty feet (201 ) South- easterly from the curb line of said Fifteenth Street on the Northeasterly side of the alley running at right angles to said Fifteenth Street, in Block 114 Huntington Beach Tract as shown on map recorded in Book 3 page 36 of Mis- cellaneous maps record of Orange County, California which will be the feed in point for said circuit. , The grade to which all the above described work -4- • shall be done and improvement made, shall be the grade as shown on the plan, profile and cross-section therefor here- tofore adopted by the Board of Trustees of said City of Huntington Beach and now on file in the ,office of the City Engineer, to which said plan, profile and cross-section reference is hereby made. All cif the foregoing work is fully set forth, delineated and described on the said plan, profile and cross-sedti.on and specification therefor to which refer- ence is hereby made for a full, complete, particular and detailed description of the work. Section 2. PLAN, PROFILE; CROSS-SECTION AND SPECIFICATION. All of the said work and improvement shall be done as shown upon and according to the plan, profile and cross-section therefor numbered New Series ten(10) in four (4) sheets, and according to the specifications numbered twenty nine (29) for the grading of roadway and the- con- struction of Asphaltic Concrete base and Willite Plastic Composition tearing surface pavement, header, culverts, head walls and specifications numbered thirty (30) for the construction of conduits and ornamental lighting standards and lights on file in the office of the City Clerk of said City, which said plans, prof ilesleross-sections and speci- fications have been approved and adopted as the plans, pro- files, cross-sections and specifications to be followed -5- i in making s&id improvement; and by reference thereto the same are incorporated herein and made a part hereof, and reference is hereby made thereto for a full, complete, snd ,ore particular description of said work. Section 3. Thg Board of Trustees also determine and declare that serial bonds shall be issued to represent the expense of and be secured by the assessments which shall be made to pay for the cost of said work and improvement, Therefore, Notice is hereby given that serial bonds to represent unpaid assessments, and bear interest at the rate of seven (7%) percent per annum, will be issued hereunder in the manner provided by the Improvement Bond Act of 1915, the first installment of which bonds shall mature pine (9) years from the second day of July next succeeding ten (10) months from their date. Section 4. DESCRIPTION OF ASSESSMENT DISTRICT. That the contemplated work and improvement hereinbefore mentioned is in the opinion of said Board of Trustees, of more that local or ordinary public benefit and the said Board of Trustees therefore makes the expense of said work and improvement chargeable upon the district hereinafter described, and said Board of Trustees does hereby declare said district to be the district benef itted by said work and improvement and to ,be assed to pay the cost and expense thereof, which district is bounded and ,described as follows, to-wit; -6- All of that real property situated in the City of Huntington Beach, California, included within the fol- lowing described exterior boundary lines, to-wit: Commencing at the point of intersection of the center line of Ocean Avenue with the center line of 15th Street in said City, thence in a straight line to the most westerly corner of lot 5, Block 115 Huntington Beach Tract; thence in a straight line to the most northerly corner of said lot 5 Block 115, Huntington Beach Tract, thence in a straight lines-to the point of intersection of the center line of the alley running through Black 615, Huntington Beach Tract produced with the center line of Palm Avenue; thence in a straight line Southeasterly along said center line of said Palm Avenue to the point of intersection of the center line produced of the alley running through Block 614 Huntington Beach Tract with said center line of said Palm Avenue; thence turning and running along the said cen- ter line of said alley Southwesterly through blocks 614, 514, 414, 314, 214. and 114 Huntington Beach Tract, to the most Easterly corner of Lot 6 Block 114, Huntinbton Beach Tract; thence in a straig#ttline to the most South- erly corner of said lot 6, Block 114, Huntington Beach Tract, thence in a straight line to the point of beginning. excepting therefrom any portion of any street or alley which id included within the above described district. -7- The above description is general only. A plan, diagram or map of said district indicating by a boundary line the extent of the territory included in the proposed district is on file in the office of the City Engineer. Reference is hereby made to the said plat or map for fur- ther full and complete description of the said assessment district. The said plat or map so on file shall govern for all details as to the extent of the said assessment district. Section 5. TIME AND PLACE OF HEARING. Notice Is hereby given that on Monday the 18 day of Februaty 1924 at 7:30 o' clock P. I. in the Council Chamber of the said Board of. Trustees located in the City Hall in the said City of Huntington Beach, any and all persons having any objections to the proposed work or improvement or to the extent-,-of the district to be assessed, or both, or to the proposed grade or proposed modification =of grade to which work or improvement is to be done or made, or all of them, may appear before the said Board of-Trustees and show cause why said proposed improvement should not be carried out in accordance with this resolution. Section 6. DIAGRAM OF THE PROPERTY TO BE ASSESSED. The City, Engineer is hereby directed to make a diagram of the property affected or benefitted by the proposed work or improvement as described in this Resolution 6f Intention -8- and to be assessed to pay the expense thereof. Such diagram shall show each separate lot, piece or parcel of land, the area in square feet of each of such lots, pieces or parcels of land, and the relative location of the same to the work proposed to be done, all within the limits of the said assess- ment district. Section 7. PUBLIC WAYS. The streets, avenues and alleys referred to in this Resolution of intention are public ways in the said City of Huntington Beach. Section 8. I14PROVEMENT ACT. Except as herein- before otherwise provided, for the issuance of said serial "bonds all of the proceedings for the atoresaid work and improvement shall be had and taken under and in accordance with the provisions of those Acts of the Legislature of the State of California, designeted as "The Improvement Act of 1911", approved April 7, 1911 and all Acts supplimentary thereto or amendatory thereof and the said serial bonds shall be issued in accordance with the Improvement Bond Act of 1915 approved June 11,1915 and all Acts supplimentary there- to or amendatory thereof. Section 9. , WILLITE PLASTIC COMPOSITION LICENSE AGREEMENT. Reference is hereby made to the California Will- ite Road Construction Company Plastic Composition. License Agreement dated the 3rd day of December, 1923, and on file in the office of the City Clerk of said City of Huntington -9- Beach, and open to public inspection. Section 10. PUBLICATION OF RESOLUTION OF INTEN= TION. There being no daily newspaper published and cir- culated in said City, the Huntington Beach News, a weekly newspaper published and circulated and of general circula- tion in the City of Huntington Beach, is hereby designated as the newspaper in which this Resolution of Intention shall be published, and the City Clerkr:of said City is hereby directed to cause this Resolution of Intention to be pub- lished for two (2) insertions in said newspaper in the manner and form required by law. Section 11. POSTING NOTICES OF IMPROVEMENT. The Street Superintendent of said City shall after the adop- tion of this Resolution of Intention cause to be conspicuously posted as required by law along the line of said contem- plated work or improvement, and along all the open streets within the herinbefore described assessment district, notices in the manner and form required by law of the passage of this Resolution of Intention and in said notice .shall call attention to the Willite California Roard Construction Company Plastic Composition License Mixture Agreement, dated the 3rd day of December, 1923, and on file in the office of the City Clerk of said City of Huntington Beach, Calif- ornia, and open to public inspection, in° jhe manner and form required by law. -10- i The board of Trustees does not deem it advisable that the City Clerk mail copies of the notice of improve- ment to owners or reputed owners, and he is not required to mail same. Passed and adopted by the Board of Trustees of the City of Huntington Beech, California, and signed and approved by the President of said Board of Trustees at a regular adjourned meeting thereof held on the 21 day of January, 1924. Richard Drew President of the Board of Trustees. ATTEST: W R Wright City Clerk and ex-off icio Clerk of the Board of Trus- tees, STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF HUNTINGTON BEACH) I, W R Wright, City Clerk and ex-officio Clerk of the Board of Trustees of the City of Huntington Beach, California, hereby certify that the above and foregoing Resolution of Intention was passed and adopted by the Board of Trustees of the said City at the time above stated by the following vote, to-wit: AYES, Trustees Onson,Maeklin,Obarr,Andrews, Drew NOES, Trustees None ABSENT, Trustees None -11- I W R Wright City Clark and Ex-officio Clerk of the Board of True- tees of the City of Hunting- ton Beach, California. AND WHEREAS, certain owners of property liable to be assessed for said work made written protests or ob- jections in writing and delivered the same to the Clerk not later than the hour set for hearing such objections. AND WHEREAS, at the time set for hearing protests or objections said Board of Trustees proceeded to hear the same, and all of said protests or objections having been heard and duly considered, and said Board of Trustees being required to pass upon the same,it is hereby RESOLVED, by the Board of Trustees of the City of Huntington Beach that all of the said protests and objections against said proposed work or improvement be, and the same are hereby overruled and denied. IT IS FURTHER HEREBY RESOLVED, by said Board of Trustees that it appearing to it, it accordingly hereby finds, , that said owners so making protests against said work pro- posed to be ordered as aforesaid are less than one half of the owners of property fronting on Fifteenth (15th) Street to be assessed for the proposed work. Richard Drew President of the Board of Trustees of the City of Huntington Beach, Calif. -12- � I hereby certify that the foregoing Resolution was duly and regularly introduced and adopted by the Board of Trustees of the City of Huntington Beach at its regular adjourned meeting thereof held on Monday the 18th day of February 1924, by the following vote, to-wit: AYES, Trustees Onson,Macklin,Obarr,Andrews,Drew NOES, Trustees None ABSENT, Trustees Node ATTEST: W R Wright City Clerk and ex-officio Clerk of the Board of Taus- tees of the City- of Hunt- ington Beach, California. -13-