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HomeMy Public PortalAbout69-108RESOLUTION NO. 69-108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, GRANTING CONSENT TO THE ASSUMPTION OF JURISDICTION BY THE CITY OF LOS AN FOR THE IMPROVEMENT OF A CERTAIN STREET IN THE CITY OF CARSON UNDER THE PROVISIONS OF THE IMPROVEMENT ACT OF 1911, BEING DIVISION 7 OF THE STREETS AND HIGHWAYS CODE WHEREAS, the City Council of the City of Los Angeles is contemplating certain work in the City of Los Angeles and within the incorporated limits of the City of Carson under the provisions of the Improvement Act of 1911 (Division 7, Streets and Highways Code) under an assessment project titled BAYPOINT AVENUE AND RIGHT OF WAY (NORTH OF LOMITA BOULEVARD) IMPROVEMENT NO. A'11-71953; and WHEREAS, portions of said work to be constructed in Wil- mington Avenue and Lomita Boulevard are within the incorporated limits of the City of Carson; and WHEREAS, pursuant to sent of the City Council of the City proceedings; and the Improvement Act of 1911 the con - of Carson is required for the above WHEREAS, the City of Los Angeles in accordance with Chapter 2, Part 3 of Division 7 of the Streets and Highways Code, has submitted to the City of Carson a proposed Ordinance of Intention and a map showing the proposed assessment district for the improvements; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That public convenience and necessity require the improvements all to the extent and in the same manner as shown in Plans, Profiles, Specifications and Map of the Assessment District referred to in said Ordinance of Intention to order construction of certain improvements. Section 2. That the City Council of the City of Carson hereby consents to the work as described by said Ordinance of Intention and to the assumption of jurisdiction by the City of Los Angeles for all purposes of said proceedings as contemplated by said Ordinance of Intention. Section 3. That said Ordinance of Intention is hereby approved and the consent of the City Council of the City of Carson is hereby given to the commencement of proceedings for said proposed improvement by the City Council of the City of Los Angeles, and to the exercise of exclusive juris- diction by said City Council of the City of Los Angeles over all proceedings necessary thereto for the purpose of consummating the same, all in accordance with provisions of Division 7 of the Streets and Highways Code, subject to the terms and conditions contained in Section 4 and 5 herein. Section 4. In contemplation of the provisions of Section 895.2 of the Government Code of the State of California imposing certain tort liability jointly and severally upon public entities solely by reason of which a public entity undertakes to perform any function, services, or act for any other public entity, with its consent all as defined in Section 895 of said Code, the two public entities named herein as between themselves, pursuant to the authorization contained in Sections 895.4 and 895.6 of said Code, will each assume the full liability imposed by law upon it, or any of its officers, agents or employees for injury caused by a negligent or wrong- ful act, or omission, occuring in the performance of the work of improvement as authorized by said Ordinance of Intention. Section 5. Pursuant to the Government Code Section 895.4 the City of Los Angeles shall be solely responsible for all injuries, Res. No. 69-108/P.2 of 2 physical or otherwise, to persons or property occurring during the per- formance of all work to be performed in accordance with the above referred to Ordinance of Intention, and the City of Los Angeles shall indemnify and hold harmless the City of Carson from liability on any and all claims on account of such injuries to persons or property and from all costs and expenses of litigation which may be brought against the City of Carson for such injuries to persons or property, it being understood that the City of Los Angeles shall be solely responsible and liable for and shall fully protect the City of Carson against all such claims of damages whether such damages be attributable to the acts or omissions of the City of Los Angeles, its contractors, agents or employees. The rights and obligations as between the entities herein as they pertain to indemnifications, unless otherwise expressly set forth herein, shall be governed by the provisions of Section 2778 of the Civil Code of the State of California. Section 6. That the City Clerk of the City of Carson shall certify to the adoption of this Resolution and shall deliver two certified copies thereof to Lyall A. Pardee, City Engineer, City Hall, Los Angeles, California, 90012. PASSED, APPROVED AND ADOPTED this 25th day of August, 1969. ATTEST: CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF CARSON ) I. MARILYN R. CORTINA, City Clerk of the City of Carson, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing resolution, being Resolution No. 69-108, was duly and regularly adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 25th day of August, 1969, and that the same was so passed and adopted by the following vote: AYES: COUNCILMEN: Yamamoto, Smith, Marbut and Junk. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: Clark. a CI? CLERK City of Carson, California