HomeMy WebLinkAboutRES 17-7070 (SEWER SERVICE CHARGE)2
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RESOLUTION NO. 17-7070
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, CONFIRMING THE LEVYING OF AN ANNUAL
SEWER SERVICE CHARGE FOR FISCAL YEAR 2017-2018 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 the annual
sewer service charge (the "Charge") and to have such Charge 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 a description
of each parcel of real property within the City to which the Charge is applicable (the "Identified
Parcels") and the amount of the Charge for each such Identified Parcel for fiscal year 2017-2018
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 charge for fiscal
year 2017-2018. 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 service Charge and all
oral and written protests to the levy and collection of the proposed Charge for fiscal year 2017-2018
are hereby overruled by the City Council.
SECTION 4. Based upon its review of the Engineer's Report, a copy of which has been
presented to the City Council and which has been filed with the City Clerk and the Department
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Public Works, the City Council hereby finds and determines that (i) each parcel in the City benefits)
from receiving sewer service; (ii) the net amount to be assessed upon each parcel of real property)
for fiscal year 2017-2018 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 Charge 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
charged unless the City demonstrates by clear and convincing evidence that such parcels receive no
benefit from the proposed service.
SECTION 6. The annual sewer service charge is in compliance with the provisions of
City of Hermosa 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 charge pursuant to the
City of Hermosa Beach Municipal Code and Article XIIID of the California Constitution.
SECTION 7. The annual sewer service Charge 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 annual sewer service Charge for fiscal year 2017-2018 is approximately
$1,069,000.
SECTION 9. The City Council hereby determines and imposes the annual sewer service
Charge for fiscal year 2017-2018, at the rates set forth in the Engineer's Report of $119.30 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 annual
service Charge against parcels of property in the City of Hermosa Beach for the fiscal
commencing July 1, 2017 and ending June 30, 2018.
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 annual sewer service Charge, and
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such Charge, and each installment of the Charge, 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 behalf of the City. After collection by the County, the net amount of the Charge, 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 Charges
collected by the County to the credit of the Hermosa Beach Sewer Fund.
SECTION 13. 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.
SECTION 14. The City Clerk is hereby authorized and directed to file the Boundary
Diagram and the list of actual Parcel Charges (a listing of the Assessor's Parcel Numbers and the
amount to be levied on each parcel) with the County Auditor, together with a certified copy of this
Resolution upon its adoption, in addition to any additional information the County Auditor required
to collect the Charge with the County taxes.
SECTION 15. A certified copy of this Resolution and a copy of the Engineer's Report and
the actual Parcel Charges (a listing of the Assessor's Parcel Numbers and the amount to be levied on
each parcel) shall be filed in the office of the City Clerk and open to public inspection.
PASSED, APPROVED and ADOPTED this 23rd day of May, 2017.
PRESIDENT of
ATTEST:
City Clerk
City Council AYOR of the City of Hermosa Beach, California
(APPROVED AS TO ORM:
t
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. 17-7070 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 23, 2017.
The vote was as follows:
AYES:
Armato, Duclos, Fangary, Mayor Massey
NOES:
Petty
ABSTAIN:
None
ABSENT:
None
Dated May 23, 2017
Elaine Doerfling, City