HomeMy WebLinkAboutRES-96-5824 (STREETS & HIGHWAYS CODE/AMEND RES #96-5811)1
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RESOLUTION NO. 96-5824
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, AMENDING ITS RESOLUTION NO. 96-5811
AND DECLARING ITS INTENTION TO COMPLY WITH THE
REQUIREMENTS OF DIVISION 4 OF THE CALIFORNIA STREETS AND
HIGHWAYS CODE BY PROCEEDING UNDER PART 7.5 THEREOF
RECITALS
A. The City Council (the "City Council") of the City of Hermosa Beach (the "City") by
its Resolution No. 96-5811, adopted on June 11, 1996, declared its intention to order
improvements for the proposed Lower Pier Avenue Assessment District pursuant to the Municipal
Improvement Act of 1913 (Streets and Highways Code Section 10000, et seq.).
B. The City Council now desires to amend Resolution No. 96-5811 to provide for the
City to comply with the requirements of the Special Assessment Investigation, Limitation and
Majority Protest Act of 1931, Division 4 of the California Streets and Highways Code, by
proceeding under Part 7.5 thereof.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS:
SECTION 1. Resolution No. 96-5811 is hereby amended to read as follows:
"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 AND TO COMPLY
WITH THE REQUIREMENTS OF DIVISION 4 OF THE
CALIFORNIA STREETS AND HIGHWAYS CODE BY
PROCEEDING UNDER PART 7.5 THEREOF
Be
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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 benefitted 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 benefitted 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,
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
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Assessment Engineer for purposes of the assessment proceedings to be undertaken in connection
with the proposed Assessment District.
SECTION 7. The Board hereby declares its intention to comply with the
requirements of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931,
Division 4 of the California Streets and Highways Code (the "1931 Act") by proceeding under Part
7.5 of the 1931 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, which report shall also contain all of the information required by
Section 2961 of the 1931 Act.
SECTION 9. The City Council hereby determines that it is in the public interest
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 I L 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.
SECTION 12. The City Council hereby determines and declares that the City will
not obligate itself to advance available funds from the City treasury to cure any deficiency which
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
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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
proposes to proceed under the provisions of Part 11.1 of Division 10 of the California Streets and
Highways Code.
SECTION 15. The City Council hereby designates the City Treasurer, or the
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.
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.
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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 13th day of August, 1996.
PREP
ATTEST:
City Clerk
of the City Council and MAYOR of the City of Hermosa Beach, California
APPROVED AS TO FORM:
City Attorney
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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. 96-5824 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 August 13, 1996.
The vote was as follows:
AYES: Benz, Bowler, Edgerton, Reviczky, Mayor Oakes
NOES: None
ABSTAIN: None
ABSENT: None
DATED: August 15, 1996
13,011A-
Deputy City Clerk