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Home My WebLink AboutRES-97-5855 (LIGHT & LANDSCP/IMPROVEMENT ASSESSMENTS - 1997-98)1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 97-5855 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DECLARING ITS INTENTION TO ORDER CERTAIN IMPROVEMENTS AND TO LEVY AND COLLECT ASSESSMENTS WITHIN THE HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 1997-1998 FOR THE FISCAL YEAR BEGINNING DULY 1, 1997 AND ENDING JUKE 30, 1998, AND APPOINTING A TEAE AND PLACE FOR A PUBLIC HEARING IN RELATION THERETO THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The public interest and convenience require, and it is the intention of the, City Council of the City of Hermosa Beach, California to order, certain improvements within an existing citywide assessment district for the fiscal year beginning July 1, 1997 and ending June 30, 1998, and to levy and collect assessments against properties within the assessment district for that fiscal year. SECTION 2. The proposed improvements are the maintenance and servicing of streets and sidewalks within the assessment district, including the operation, maintenance and servicing of landscaping, lighting and appurtenant facilities located in and along such streets and sidewalks. The proposed improvements shall no longer include the operation, maintenance and servicing of park and recreational improvements, landscaping and appurtenant facilities not located within public street and sidewalk rights -of -way, parkways and medians. SECTION 3. The assessment district is designated as the "Hermosa Beach Landscaping and Street Lighting District 1997-1998." The assessment district is comprised of all of the City of Hermosa Beach, as shown on the "MAP OF LANDSCAPING AND STREET LIGHTING DISTRICT 1997-1998" on file in the Office of the City Clerk. SECTION 4. The assessments to be levied and collected against the assessable lots and parcels of land within the assessment district for fiscal year 1997-1998 are not proposed to increase from the assessments levied and collected in fiscal year 1996-1997. -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 5. Reference is hereby made to the report prepared by the Assessment Engineer, Berryman & Henigar, entitled "Engineer's Report for Hermosa Beach Landscaping and Street Lighting District 1997-1998," on file in the Office of the City Clerk, for a full and detailed description of the improvements, the boundaries of the assessment district and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the assessment district. SECTION 6. The improvements shall be provided pursuant to the provisions of the I Landscaping and Lighting Act of 1972, Part 2 of Division 15 (Section 22500, et sM.) of the Streets and Highways Code of the State of California, and in accordance with plans and specifications on file in the office of the City Clerk. SECTION 7. The assessment shall be levied and collected at the same time and in the 1 `same manner and with the same interest and penalties as general taxes of the City, which are collected for the City by the Los Angeles County Tax Collector. SECTION 8. Public property owned by any public agency and in use in the performance of a public function which is included within the boundaries of the assessment district shall be I exempt from the assessment to be made to cover the costs and expenses of the improvements. SECTION 9. To expedite the making of the improvements, the City Council may transfer into the "Hermosa Beach Landscaping and Street Lighting District 1997-1998 Fund," out of any money in the General Fund, any sums as it shall deem necessary, and the sums so transferred shall be deemed a loan to such fund and shall be repaid in accordance with the Landscaping and Lighting Act of 1972. SECTION 10. NOTICE IS HEREBY GIVEN that Tuesday, June 24, 1997, at the hour of 7:30 PM in the City Council Chamber, 1315 Valley Drive, Hermosa Beach, California, is appointed as the date, time and place for hearing protests to the question of approving and confirming the levy of the proposed assessment. SECTION 11. The City Clerk is hereby authorized, designated and directed to give notice of the public hearing in the time, form and manner required by law. -2- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 12. THE EASY READER, a weekly newspaper of general circulation circulated within the City, is hereby designated as the newspaper in which said notice shall be published. SECTION 13. The City Council hereby determines and declares that the proposed assessments constitute a continuation of assessments existing on the effective date of Article XIIID of the California Constitution, that the assessments are imposed exclusively to finance maintenance and operation expenses for streets and sidewalks and that the assessments are exempt from the requirements of Article XIIID, Section 4 of the California Constitution. SECTION 14. This Resolution shall take effect immediately. The City Clerk shall certify to the passage and adoption of this Resolution, shall cause the original of the same to be entered among the original resolutions of the City Council, and shall make a minute of the passage and adoption thereof in the minutes of the City Council meeting at which the same is passed and adopted. PASSED, APPROVED and ADOPTED this 29th day of May, 1997. of the City (�ncil and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: CITY CLERK / MY ATTORNEY 1 -3- 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. 97-5855 was duly and regularly passed, approved and adopted by the City Council of the City of Hermosa Beach at an Adjourned Regular Meeting of said Council at the regular place thereof on May 29, 1997. The vote was as follows: AYES: Benz, Bowler, Edgerton, Oakes, Mayor Reviczky NOES: None ABSTAIN: None ABSENT: None DATED: 7une2, 1997 Deputy ity Clerk PROOF OF PUBLICATION (2015.5C.C.P.) STATE OF CALIFORNIA, County of Los Angeles, I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the printer of the BEACH PEOPLE'S EASY READER, a newspaper of general circulation, printed and published WEEKLY in the City of HERMOSA BEACH, County of Los Ange- les, and which newspaper has been adjudged a news- paper of general circulation by the Superior Court of the County of Los Angeles, State of California, under the date of October 24, 1972, Case Number SWC 22940, that the notice, of which the annexed is a printed copy (set in type not smaller that nonpareil), has been published in each regular and entire issue of said news- paper and not in any supplement thereof on the follow- ing dates, to -wit: June 12 all in the year 1997. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at HERMOSA BEACH, CALIFORNIA, this_ 1997. 12 - day of June r Signature EASY READER, INC. P.O. BOX 427 832 HERMOSAAVENUE, HERMOSA BEACH, CA 90254 Telephone: (310) 372-4611 Proof of Publication of: CITY OF HERMOSA BEACH HBL97-110 (see attached page) CITYOF HERMOSA BEACH RESOLUTION NO. 97-MS A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 14EFIMOSA BEACH, CALIFORNIA. DECLARING ITS INTENTION TO ORDER CERTAIN IMPAOVEME N TS AND TO LEVY AND COLLECT. ASSESSMENTS WITHIN THE HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 1997.1goo FOR THE FISCAL YEAR BEGINNING JULY 1, 199TAND ENDING JUNE 30, Ing, AND APPOINTING A TIME AND PLACE FOR A PUBLIC HEARING IN RELATION THERETO THE CITY COUNCILOFTHECITY OF HE RMOSA BEACH, CALI- FORNIA DOES HERESY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The public Interest and convenience require, and it is the intention of the City Council Of the City of Hermosa Beach, Califor- nia to order, certain improvements within an existing citywide assess- ment district for the fiscal year beginning July 1, 1997 and ending June 30, IM, and to IBvy and Catlett assessments against properties within the assessment district for that fiscal year. SECTION 2, The proposed Improvements are the maintenance and servicing of streets and sidewalks within the assessment district. Irtetuding the operation. maintenance andservicing 0landscaping, light- ing and appurtenant facilities located in and along such streets and sidewalks. The proposed improvements shall no longer include the operation, maintenance and servicing of park and recrealional improve- ments, landscaping and appurtenant facilities nol located within public street and sidewalk rightsof-way, parkways and medians. SECTION 3. The assessment district is designated as the "Her- mosa Beach Landscaping and Street Lighting District 1997-1998," The assessment district is comprised of all or the City of Hermosa Beach, as shown on the MAP OF LANOSCAPING AND STREET LIGHTING DISTRICT 1997-1998" on file in the Office of the City Clerk. SECTION 4. The assessments to be levied and collected against the assessable lots and parcels of land within the assessment district for fiscal year 1997-1998 are not proposed to increase from the as- sessments IeWed and Collected in War year 199&1997, SECTION 5. Reference is hereby made to the report prepared by the Assessment Engineer, Berryman e. Henlgar, enlifled "Engineers Report for Hermosa BeaCh Landscaping and Street Lighting District 1997.1 M." an file in the Office of the City Clerk, for a full and detailed description of the improvements, the boundaries of the assessment district and any zones therein, and the proposed assessments upon assessable [aft and parcels of land within the assessment district. SECTION 6. The improvements shall be provided pursuant to the pravisians of the Landscaping and L lghling Act of 1972, Part 2 of Dtvt- aion 15 (Beckon 22500. at sect-) of the Streets and Highways Coda of the Stale Of CWifomla. and in eoCordanca with plans and specifications On foe in the office of the City Clerk. SECTION 7. The assessment shall be levied and cotfacted at the same time and In the some manner an& with The same interest and penalties as general taxes of the City, wh10 are collected for The City by the Los Angeles County Tax Collector, SECTION a- Pubhe properly owned by any public agency and it use bn the PerfOrmanCe of.e public lunctfonwhich is included within the boundaries of the assessment district shall be exempt from the assass- ment to be made to cover the casts and expenses of the improv,- menis. SECTION 9. To expedite the making of the improvements, the City Counci may transfer into the "Herfnt sa Beach Landscaping and Street Lighting District 1997-1998 Fund,' out Of any money In the General Fund, any sums as it shall deem necessary, and the sums so trans- ferred shall be deemed a loan to such fund and shall be repaid in ac- cordance with the Landscaping and Lighting ilct of 1972, SECTION 10. NOTICE IS HEREBY GIVEN IhatTuesday. June 24. 1991, al the hour of 7.30 PILE in the City Council Chamber, 1315 Valley Drive, Hermosa Beach, Cafirornia, Is appointed as the dale, time and 'Place for hearing protests to the question OF approving and confirming the levy Of the proposed assessment. SECTION 11. The City Clerk is hereby authorized, designated and directed to give notice of the public hearing in the time, form and man- ner required by law. SECTION 12. THE EASY READER, a weekly newspaper of W. eral dreulalion circulated within the City, is hereby designated as the newspaper fn which said notice shall be published. SECTION 13. The City Council hereby determines and declares that the proposed IRSSassmenls Constitute a confinuatian of assess- ments existing on Ina effective date of Aldo XIIID of the Cefi',omia Con stitolion, that -the assessments are Imposed exclusively to finance maintenance and operation expenses for streets and sidewalks and that the assessments are exempt from the requirements ofArlicle ifill D, Section 4 of the,Califom;a Canatitunon. SECTION 14. This Resolution shall take effect immediately, The City Cferk shall caddy lathe passage and tldoplton or this Resolution, shall cause the orlginw.al the same to be entered among the prig nal resolutlons of the City Council, and shag make a minute of the passage and adoption tirersof fn the minutes of the City Council meeting aI which the safne fs passed and adopted. PASSED, APPROVED andADOPTEO th1S 29Ih say of Wy,1997. J.R,Revii:ft PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, Camomia ATTEST: Elaine DoeMing.. .. CITY CLERK APPPIOVEDAS TO FORM: Mictlabl Janldte CITY&TORNEY . ER6r12-97/HQL97-110