HomeMy WebLinkAboutRES-99-5991 (ASSESSMENT DIST./LOMA)1
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RESOLUTION NO. 99-5991
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, DECLARING ITS INTENT TO FORM AN ASSESSMENT
DISTRICT AND MAKING CERTAIN FINDINGS AND DETERMINATIONS IN
CONNECTION THEREWITH, ALL RELATING TO ASSESSMENT DISTRICT
NO. 97-2 (LOMA DRIVE UTILITY UNDERGROUNDING)
WHEREAS, this City Council wishes to consider the formation of an assessment district to
pay the costs of the acquisition of the Improvements, as hereinafter described, and certain
incidental costs and expenses in connection with the formation of the assessment district under and
pursuant to the provisions of the Municipal Improvement Act of 1913 being Division 12
(commencing at Section 10000) of the Streets and Highways Code of the State of California (the
"Act") and Chapter 28, Part 3 of Division 7 (commencing with Section 5896.1) of the Streets and
Highways Code and the issuance of assessment district bonds pursuant to the Improvement Bond
I Act of 1915 being Division 10 (commencing at Section 8500) of the State and Highways Code; and
WHEREAS, this City Council finds that it is necessary to take proceedings pursuant to the
provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 of
the Streets and Highways Code; and
WHEREAS, the proposed assessment district, if it is, formed, is to be known and
designated as Assessment District No. 97-2 (Loma Drive Utility Undergrounding) (the
"Assessment District"); and
WHEREAS, the proposed boundaries of the Assessment District are shown on a map
which indicates by a boundary line the extent of the territory proposed to be included -in the
Assessment District, which map is designated "Proposed Boundaries of Assessment District No.
97-2 (Loma Drive Utility Undergrounding)" (the "Map"), has been heretofore approved by this
City Council and has been ordered to be filed in the offices of the City Clerk and the County
Recorder of the County of Los Angeles; and
WHEREAS, before ordering the construction and installation of the Improvements, the
City Council is required, under the Act, to adopt a resolution declaring its intention to do so;
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NOW, THEREFORE, the City Council of the City of Hermosa Beach DOES HEREBY
FIND, DETERMINE, RESOLVE, AND ORDER as follows:
SECTION 1. The above recitals, and each of them, are true and correct.
SECTION 2. The City Council finds and determines that it is in the best interest of the
lands in the City and its residents that where appropriate all electrical and telephone utilities within
the City should be placed underground for the safety of all persons and for the beautification of the
City.
SECTION 3. The Special Assessment Investigation, Limitation and Majority Protest Act
of 1931 shall apply to the proceedings hereinafter described.
SECTION 4. The following public Improvements are proposed to be constructed and
installed in the Loma Drive area from Pier Avenue to 6th Street.
1. Removal of existing power and telephone poles.
2. Removal of overhead resident service drops.
3. Construction of mainline underground power and telephone conduit, with
appurtenant manholes and pullboxes.
4. Construction of service conduit and appurtenances.
The improvements will be designed by the Southern California Edison Company and GTE.
Either Edison or the City will construct the improvements, and the City will inspect the work to
ensure conformance to City standards and specifications where applicable.
Once completed, the underground facilities will become the property and responsibility of
Southern California Edison Company and GTE.
Each owner of property located within the Assessment District will be responsible for
arranging for and paying for work on his property necessary to connect facilities constructed by the
public utilities in the public streets to the points of connection on the private property. Conversion
of individual service connections on private property is not included in the work done by the
Assessment District.
Failure to convert individual service connections on private property may result in a
recommendation to the City Council that the public utilities be directed to discontinue service to
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that property. Overhead facilities cannot be removed until all overhead service has been 1
discontinued.
SECTION 5. The public interest and necessity require the construction and installation of 1
the Improvements, and the Improvements will be of direct benefit to the properties and land within
the Assessment District. The City Council hereby declares its intention to construct, or cause to be
Iconstructed, and install, or cause to be installed, the Improvements, to make the expenses thereof
chargeable upon the area included within the Assessment District, and to form the Assessment
I District.
SECTION 6. The City Council further declares its intention to levy a special assessment
upon the land within the Assessment District in accordance with the respective special benefit to be
received by each parcel of land from the Improvements. There shall be omitted from special
assessment all public streets, alleys and places and all land belonging to the United States of
America, the State of California, the County of Los Angeles, the City of Hermosa Beach, or any
other public agency of the State of California, which land is now in use in the performance of a
public function, except park land owned by the City of Hermosa Beach which will be benefited by
the Improvements, provided, however, the City of Hermosa Beach will pay said assessment during
the cash payment period.
SECTION 7. The construction and installation of the Improvements is hereby referred to
Berryman & Henigar (the "Assessment Engineer"), and the Assessment Engineer is hereby
authorized and directed to make and file with the City Clerk a written report with regard thereto,
which report shall comply with the requirements of Section 10204 of the Streets and Highways
Code. The Director of Public Works is hereby appointecfthe Engineer of V�ork and -as the acting
Superintendent of Streets.
SECTION 8. Following the construction and installation of the Improvements and the
payment of all incidental expenses, any surplus remaining in the improvement fund established for
the Assessment District shall be used as determined by the City Council as provided in
Section 10427 of the Streets and Highways Code.
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SECTION 9. Bonds bearing interest at a rate not to exceed 12 percent per annum will be
issued in the manner provided in the Improvement Bond Act of 1915 to represent the unpaid
assessments. The principal amount of such bonds maturing each year shall not be an amount equal
to an even annual proportion of the aggregate principal amount of the bonds, but rather (except as
specifically otherwise provided by the City Council in connection with the sale of such bonds), shall
be an amount which, when added to the amount of interest payable in each year, will generally be a
sum which is approximately equal in each year (with the exception of the first year and any
adjustment required with respect thereto). The last installment of such bonds shall mature a
maximum of twenty-five (25) years from the second day of September next succeeding twelve
months after their date.
SECTION 10. The provisions of Part 11.1 of the Improvement Bond Act of 1915,
providing an alternative procedure for the advance payment of assessments and the calling of
bonds, shall apply.
SECTION 11. The City Council hereby determines that the City will not obligate itself to
advance available funds from its treasury to cure any deficiency which may occur in the bond
redemption fund established for the Assessment District.
SECTION 12. It is hereby determined that the bonds proposed to be issued in these
proceedings may be refunded. Any adjustment to assessments resulting from such refunding shall
be done on a pro rata basis as required pursuant to Section 8571.5 of the Streets and Highways
Code. Any such refunding shall be pursuant to the provisions of Division 11.5 (commencing with
Section 9500) of the Streets and Highways Code, except that, if, following the filing of the report
specified in Section 9523 and any subsequent modifications of the report, the City Council finds
that all of the conditions specified in Section 9525 are satisfied and that the adjustments to
assessments are on a pro rata basis, the City Council may approve and confirm the report and any,
without further proceedings, authorize, issue, and sell the refunding bonds pursuant to Chapter 3
(commencing with Section 9600) of Division 11.5 of the Streets and Highways Code. Any such
refunding bonds shall bear interest at the rate of not to exceed twelve percent (12%) per annum, or
such higher rate of interest as may be authorized by applicable law at the time of sale of such
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bonds; and the last installment of such bonds shall mature on such date as will be determined by the
City Council in the proceedings for such refunding.
SECTION 13. This Resolution shall take effect immediately upon its adoption.
PASSED, APPROVED,
PRESIDENT of the City Council
ATTEST:
�J
CITY CLERK
this 1 lth day of May, 1999.
a�or of the City of Hermosa Beach, California
APPROVED AS TO FORM.
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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. 99-5991 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 May 11, 1999.
The vote was as follows:
AYES: Bowler, Edgerton, Oakes, Reviczky, Mayor Benz
NOES: None
ABSTAIN: None
ABSENT: None
DATED: May 20, 1999
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),Pal
Deputy City Clerk