HomeMy WebLinkAboutRES-96-5811 (ASSESSMENT DIST/LOWER PIER/IMPROVEMENTS)1
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RESOLUTION NO. 96-5811
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH
DECLARING ITS INTENTION TO ORDER IMPROVEMENTS FOR THE PROPOSED
LOWER PIER AVENUE ASSESSMENT DISTRICT PURSUANT TO THE MUNICIPAL
IMPROVEMENT ACT OF 1913
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH HEREBY FINDS,
DETERMINES, RESOLVES AND ORDERS AS FOLLOWS:
SECTION 1. The City Council (the "City Council") of the City of Hermosa Beach
(the "City") hereby (i) finds that the public interest, necessity and convenience require and (ii)
declares its intention to order improvements pursuant to the Municipal Improvement Act of 1913,
Division 12 of the California Streets and Highways Code, commencing with Section 10000 (the
"Act"). Such improvements are briefly described in Section 4, below.
SECTION 2. The district of land to be benefited by the improvements described in
Section 4, below, and to be specially assessed to pay the costs and expenses of such improvements,
including incidental expenses, shall be referred to as the "Lower Pier Avenue Assessment District"
(the "Assessment District").
SECTION 3. The boundaries of real property to be benefited by the improvements
described in Section 4, below, and to be specially assessed to pay the cost and expenses of such
improvements generally include the properties along both sides of Lower Pier Avenue between
Hermosa Avenue and the Strand, and are shown on the map attached hereto as Exhibit A and
incorporated herein by reference.
SECTION 4. The improvements are proposed for the benefit of the lands within the
exterior boundaries of the proposed Assessment District and are to be located within the District
boundaries (the "Improvements"). The proposed Improvements are briefly described as follows:
The installation and construction of street improvements and street -related improvements along
Lower Pier Avenue between Hermosa Avenue and the Strand, including clearing, excavation,
grading, and the installation and construction of pavement, curbs, gutters, sidewalks, storm drains,
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landscaping, hardscape, an irrigation system, street lights, utilities, appliances necessary or
convenient for providing any public service, and appurtenances and appurtenant work.
SECTION 5. The portion of the cost and expenses of the Improvements in excess
of $400,000 shall be paid out of the Treasury of the City.
SECTION 6. The City's Director of Public Works is hereby designated to perform
the duties of the Superintendent of Streets pursuant to the Act and is hereby designated as
Assessment Engineer for purposes of the assessment proceedings to be undertaken in connection
with the proposed Assessment District.
SECTION 7. The City Council hereby declares its intention to levy an assessment
to maintain, repair, or improve the Improvements described in Section 4, above, pursuant to
Section 10100.8 of the Act.
SECTION 8. The proposed Improvements are hereby referred to the Assessment
Engineer to make and file with the City Clerk of the City Council a report in writing in accordance
with Section 10204 of the Act.
SECTION 9. The City Council hereby determines that it is in the public interest I
and more economical to eliminate any disparity in level or size between the proposed
Improvements and private property on such private property, rather than to adjust the work on
public property to eliminate such disparity.
SECTION 10. Provision is hereby made for the issuance of improvement bonds, in
one or more series, pursuant to Chapter 7 of Division 12 of the California Streets and Highways
Code, commencing with Section 10600.
SECTION 11. Notice is hereby given that serial bonds or term bonds or both to
represent unpaid assessments, and to bear interest at the rate of not to exceed 12 percent per
annum, payable semiannually, shall be issued hereunder in one or more series in the manner
provided by the Improvement Bond Act of 1915, Division 10 of the California Streets and
Highways Code, and the last installment of bonds shall mature a maximum of 39 years from the
second day of September next succeeding 12 months from their date.
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SECTION 12. The City Council hereby determines and declares that the City will I
I not obligate itself to advance available funds from the City treasury to cure any deficiency which
I may occur in the bond redemption fund.
SECTION 13. The City Council hereby determines that the principal amount of
bonds maturing or becoming subject to mandatory prior redemption each year shall be other than
an amount equal to an even annual proportion of the aggregate principal amount of the bonds and
the amount of principal maturing or becoming subject to mandatory prior redemption in each year
plus the amount of interest payable in that year shall be an aggregate amount that is substantially
equal each year, except for the moneys falling due on the first maturity or mandatory prior
redemption date of the bonds which shall be adjusted to reflect the amount of interest earned from
the date when the bonds bear interest to the date when the first interest is payable on the bonds.
SECTION 14. With respect to the procedures for collection of assessments and the
advance retirement of bonds in connection with the proposed Assessment District, the City Council 1
proposes to proceed under the provisions of Part 11.1 of Division 10 of the California Streets and
I Highways Code.
SECTION 15. The City Council hereby designates the City Treasurer, or the
I designated agent of the City Treasurer, to collect and receive the assessments.
SECTION 16. The City Council hereby determines that the bonds issued to
represent unpaid assessments may be refunded under specified conditions. The City Council hereby
declares that such bonds may be refunded upon determination by resolution of the City Council to
do so. The City Council may undertake such a refunding upon recommendation of a financial
advisor that it is in the best interests of the District to undertake such a refunding. Such written
recommendation shall include the reasons therefor. The maximum interest rate on such refunding
bonds shall not exceed 12 percent per annum or such other maximum rate of interest as then may
be permitted by law. The maximum number of years to maturity of the refunding bonds shall not
exceed 39 years from the second day of September next succeeding twelve months from the date of
the refunding bonds, or such other maximum number of years to maturity as then may be permitted
by law. Any adjustment to assessments resulting from refunding will be done on a pro rata basis.
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SECTION 17. Any surplus moneys remaining in the improvement fund after the
completion of the proposed Improvements and the payment of all claims from the improvement
fund shall be disposed of in accordance with California Streets and Highways Code Section 10427.
SECTION 18. In the opinion of the City Council, the public interest will not be
served by allowing property owners to take a contract to perform any of the work.
SECTION 19. The City Council hereby declares that any lot or parcel belonging to
the United States, the State of California, the County of Los Angeles, or the City, which is in use in
the performance of any public function, shall be omitted from the assessment to cover the costs and
expenses of the Improvements described in Section 4, above.
PASSED, APPROVED and ADOPTED this 1 lth day of June, 1996.
ENT of the City Council and MAYOR of the City of Hermosa Beach, California
APPROVED AS TO FORM:
CITY ATTORNEY
me
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ]HERMOSA BEACH
I, Naoma Valdes, Deputy City Clerk of the City Council of the
City of Hermosa Beach, California, do hereby certify that the foregoing
Resolution No. 96-5811 was duly and regularly passed, approved and adopted
by the City Council of the City of Hermosa Beach at a Regular Meeting of
said Council at the regular place thereof on June 11, 1996.
The vote was as follows:
AYES:
Benz, Bowler, Edgerton, Reviczky, Mayor Oakes
NOES:
None
ABSTAIN:
None
ABSENT:
None
DATED: June 17, 1996
*or
ua4m-
Deputy City Clerk