HomeMy WebLinkAboutRES-96-5836 (LOWER PIER AVENUE ASSESSMENT DISTRICT)1
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RESOLUTION NO. 96-5836
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, CONFIRMING THE ASSESSMENT AND ORDERING PROPOSED
IMPROVEMENTS TO BE MADE IN CONNECTION WITH THE PROPOSED LOWER
PIER AVENUE ASSESSMENT DISTRICT
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH HEREBY FINDS,
DETERMINES, RESOLVES AND ORDERS AS FOLLOWS:
Section 1. The City Council, by its Resolution No. 96-5811, as amended,
declared its intention to order improvements, including the installation and construction of street
improvements and street -related improvements in the proposed Lower Pier Avenue Assessment
District (the "District") pursuant to the provisions of the Municipal Improvement Act of 1913
(California Streets and Highways Code Section 10000, et se=c .) (the "1913 Act"), and to comply
with the requirements of Division 4 of the California Streets and Highways Code by proceeding
under Part 7.5 thereof, and ordered the Assessment Engineer to prepare and file a report (the
"Engineer's Report") with the City Clerk in accordance with Section 10204 of the 1913 Act and
containing the information required by Section 2961 of Division 4 of the California Streets and
Highways Code.
Section 2. The City Council, by its Resolution Nos. 96-5817 and 96-5825,
preliminarily approved the Engineer's Report entitled "Engineer's Report, Hermosa Beach, Lower
Pier Avenue Assessment District," which Engineer's Report is on file in the office of the City Clerk.
Section 3. On September 24, 1996, following notice duly given in accordance
with law, the City Council held a full and fair public meeting regarding the Resolution of Intention
and the Engineer's Report and regarding protests and objections thereto and to the proposed
improvements in connection with the District.
Section 4. On October 22, 1996, following notice duly given in accordance with
law, the City Council held a full and fair public hearing on the Resolution of Intention and the
Engineer's Report and regarding protests and objections thereto and to the proposed improvements
in connection with the District.
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Section 5. All oral and written protests and objections to the proposed 1
improvements as set forth in the Engineer's Report, to the extent of the District, to the proposed
assessment in connection therewith, and any and all other protests and objections, are hereby
overruled by the City Council. The City Council hereby finds and determines that such protests
and objections constitute protests and objections by owners of less than one-half of the area of the
land to be assessed for the proposed improvements.
Section 6. The City Council, by previous resolution, has found and determined I
that the total amount of the principal sum of all unpaid special assessments levied against the
parcels proposed to be assessed within the District (being the total amount, as determined and set
1 forth in the Engineer's Report, of the total principal sum of all unpaid special assessments and 1
special assessments required or proposed to be levied under any completed or pending assessment
I proceedings, other than that contemplated in the proceedings for the District, which would require
I an investigation and report under Streets and Highways Code Section 2800, et sec ., against the
total area proposed to be assessed within the District), plus the principal amount of the special
I assessment proposed to be levied in the proceedings for the District, do not exceed one-half of the
total value of the parcels proposed to be assessed within the District (being the total true value as
shown upon the last equalized assessment roll of the County of Los Angeles).
Section 7. Based upon its review of the Engineer's Report and other reports and
information presented to it, the City Council hereby finds and determines that (i) the lands within
the District will be benefited by the improvements described in the Engineer's Report, (ii) the
District includes all of the lands so benefited, and (iii) the assessment of the total amount of the cost
and expenses of such improvements upon the several subdivisions of land in the District is in
proportion to the estimated benefits to be received by such subdivisions, respectively, from such
improvements.
Section 8. The proposed assessment for the cost of the improvements provided
for in subdivisions (d) and (e) of Section 10204 of the 1913 Act and set forth in the Engineer's
Report is hereby confirmed.
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Section 9. The City Council hereby orders the proposed improvements set forth
in the Engineer's Report to be made.
Section 10. The City Council declares that the Engineer's Report is hereby
japproved.
Section 11. The City Clerk is hereby directed to cause to be recorded in the
office of the Superintendent of Streets a certified copy of the diagram and assessment provided for
in subdivisions (d) and (e) of Section 10204 of the 1913 Act.
Section 12. The City Clerk is hereby directed to cause to be recorded in the
office of the County Recorder of the County of Los Angeles a notice of assessment in connection
with the District as provided by Section 3114 of the California Streets and Highways Code and
Section 10402.5 of the 1913 Act.
Section 13. Following the recordation of such notice of assessment, the City
Clerk is hereby authorized and directed to provide notice of recordation of the assessment in
accordance with Section 10404 of the 1913 Act.
PASSED, APPROVED and ADOPTED this 22nd day of October, 1996.
PRE T of the City Council and MAYOR of the City of Hermosa Beach, California
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California,
do hereby certify that the foregoing Resolution No. 96-5836 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 October 22, 1996.
The vote was as follows.
AYES: Benz, Bowler, Edgerton, Reviczky, Mayor Oakes
NOES: None
ABSTAIN: None
ABSENT: None
Dated: October 23, 1996
Elaine Doerfling, Ci Clerk)