HomeMy WebLinkAboutRES 16-7028 (SEWER SERVICE LEVY FY 16-17)1
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RESOLUTION NO. 16-7028
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, CONFIRMING THE LEVYING OF
AN ANNUAL ASSESSMENT FOR SEWER SERVICES FOR FISCAL
YEAR 2016-2017 PURSUANT TO CHAPTER 13.12 OF TITLE 13 OF THE
CITY OF HERMOSA BEACH MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Pursuant to the provisions of Chapter 13.12 of Title 13 of the City of
Hermosa Beach Municipal Code and Article 4 of Chapter 6 of Part 3 of Division 5 of the
California Health and Safety Code, commencing with Section 5470, the City Council is authorized
to levy annual sewer service charges (the "Charges") and to have such Charges collected on the tax
roll in the same manner, by the same persons, and at the same time as, together with and not
separately from, the general taxes of the City.
SECTION 2. The City Engineer prepared and filed a written report containing
description of each parcel of real property within the City to which the Charges are applicable
(the "Identified Parcels") and the amount of the Charges for each such Identified Parcel for
fiscal year 2016-2017 computed in conformity with Section 13.12.030 of the City of Hermosa
Beach Municipal Code and approved such Engineer's Report as filed.
SECTION 3. Following notice duly given in accordance with law, the City Council has
held a full and fair public hearing regarding the levy and collection of the proposed assessment for
fiscal year 2016-2017. All interested persons were afforded the opportunity to hear and be heard.
The City Council considered all oral statements and all written protests made or filed by any
interested person. A majority protest does not exist against the annual levy of the sewer charge
and all oral and written protests to the levy and collection of the proposed assessment for fiscal
year 2016-2017 are hereby overruled by the City Council.
SECTION 4. Based upon its review of the Engineer's Report, a copy of which has
presented to the City Council and which has been filed with the City Clerk and the Department
Public Works, the City Council hereby find and determines that (i) each parcel in the City benefits
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from receiving sewer service; (ii) the net amount to be assessed upon each parcel of real property
for fiscal year 2016-2017 in accordance with the Engineer's Report is apportioned by a formula
and method that fairly distributes the net amount among all assessable parcels in proportion to the
estimated benefits received by each parcel; and (iii) no assessment is imposed on any parcel that
exceeds the reasonable cost of the benefits conferred on that parcel.
SECTION 5. Parcels that are owned or used by any county, city, city and county, special )
district or any other local governmental entity, the State of California or the United States shall be
assessed unless the City demonstrates by clear and convincing evidence that such parcels receive)
no benefit from the proposed service.
SECTION 6. The assessment is in compliance with the provisions of the City of
Beach Municipal code and Article XIIID of the California Constitution and the City Council has
complied with all laws pertaining to the levy of an annual assessment pursuant to the City
Hermosa Beach Municipal Code and Article XIIID of the California Constitution.
SECTION 7. The assessment is levied without regard to property valuation.
SECTION 8. The City Council hereby finds and determines that the cost of the service
that is financed by the assessment for fiscal year 2016-2017 is approximately $1,044,000.
SECTION 9. The City Council hereby determines and imposes the assessment for fiscal
year 2016-2017, at the rates set forth in the Engineer's Report of $116.96 per Equivalent Sewer
Unit, which is in compliance with the provisions of the City of Hermosa Beach Municipal code
and Article XIIID of the California Constitution.
SECTION 10. The adoption of this resolution constitutes the levy of an assessment
against parcels of property in the City of Hermosa Beach for the fiscal year commencing July 1,
2016 and ending June 30, 2017.
SECTION 11. The County Auditor of Los Angeles County shall enter on the County
Assessment Roll opposite each parcel of land the amount of the assessment, and such assessment,
and each installment of the assessment, shall be collected in the same manner, and shall be subject
to the same penalties and priority of lien as, other charges and taxes fixed and collected by, or on
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behalf of the City. After collection by the County, the net amount of the assessment, after
deduction of any compensation due the County, shall be paid to the City Treasurer.
SECTION 12. The City Treasurer shall deposit all money representing assessments
collected by the County to the credit of the Hermosa Beach Sewer Fund.
SECTION 13. The City Clerk is hereby authorized and directed to file with the County
Auditor the assessment or a certified copy of the assessment together with a certified copy of this
Resolution.
SECTION 14. A certified copy of the assessment shall be filed in the office of the City
Clerk and open for public inspection.
SECTION 15. This Resolution shall take effect immediately upon its passage and
adoption. The City Clerk shall certify to the passage and adoption of this Resolution, shall enter
the same in the book of original Resolutions of said city; and shall make a minute of the passage
and adoption thereof in the records of the proceedings of the City Council at which the same is
passed and adopted.
ATTEST:
City Clerk
PASSED, APPROVED AND ADOPTED this 24th day of May, 2016.
f the City Council and MAYOR of the City of Hermosa Beach, California
APPROVED AS
ttorney
FORM:
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i
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16-7028
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. 16-7028 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 24, 2016.
The vote was as follows:
AYES: Armato, Duclos, Massey, Fangary, Mayor Petty
NOES: None
ABSTAIN: None
ABSENT: None
Dated May 24, 2016