CC RESOLUTION 3356C
RESOLUTION OF INTENTION NO. 3356
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL
SEGUNDO, CALIFORNIA DECLARING INTENTION TO ORDER THE
CONSTRUCTION OF CERTAIN IMPROVEMENTS TOGETHER WITH
APPURTENANCES IN A PROPOSED ASSESSMENT DISTRICT
PURSUANT TO THE PROVISIONS OF THE MUNICIPAL
IMPROVEMENT ACT OF 1913; DECLARING THE WORK TO BE OF
MORE THAN LOCAL OR ORDINARY BENEFIT; DESCRIBING THE
DISTRICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES
THEREOF; AND PROVIDING FOR THE ISSUANCE OF BONDS
WHEREAS, the City Council of the City of E1 Segundo (the
"City ") is considering the formation of an assessment district,
pursuant to the Municipal Improvement Act of 1913 (the "Act "),
being Division 12 (commencing with Section 10000) of the
California Streets and Highways Code, for the construction of
certain public work and improvements and acquisitions, if
necessary; and
WHEREAS, the City desires to declare its intention to order
the construction and acquisition of said improvements,
declaring the work to be of more than local or ordinary
benefit, describing the lands to be assessed to pay the costs
and expenses of said improvements and providing for the
issuance of bonds;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO,
CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. Description of Improvements. The public
interest and convenience require, and it is the intention of
the City, pursuant to the provisions of the Act, to order the
construction of said improvements in a special assessment
district designated
ASSESSMENT DISTRICT NO. 73
• (SEWER IMPROVEMENTS)
(hereinafter referred to as the "Assessment District "), said
improvements generally described as follows:
(a) The construction of certain sewerage collection system
improvements within the Assessment District and the
acquisition of sewerage capacity rights together with
rights to service and use from the County Sanitation
Districts of Los Angeles County to serve those
properties within the Assessment District, including
• appurtenances and appurtenant work. Specific
improvements to be constructed include a force main,
gravity sewer and wet well resurfacing /coating in
easements and public streets.
(hereinafter referred to as the "Improvements ").
For further particulars, reference is hereby made to a map of
40 the Assessment District previously adopted, and to the
following additional provisions:
(b) Said streets, rights -of -way and easements shall be
shown upon the plans herein referred to and to be
filed with these proceedings.
(c) All of said work and improvements are to be
• constructed at the places and in the particular
locations, of the forms, sizes, dimensions and
materials, and at the lines, grades and elevations as
shown and delineated upon the plans, profiles and
specifications to be made therefor, as hereinafter
provided.
and that to said extent, said grades are hereby
changed and said work will be done to said changed
grades.
•
2.
(d) The description of the improvements and the extent
thereof as contained in this Resolution are general in
nature. All items of work do not necessarily extend
for the full length of the description thereof. The
plans and profiles of the work as contained in the
Engineer's Report and on such detailed plans as may be
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prepared subsequent to the filing of such report shall
be controlling as to the correct and detailed
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description thereof.
(e) Whenever any public way is herein referred to as
running between two public ways, or from or to any
public way, the intersections of the public ways
referred to are included to the extent that work shall
be shown on the plans to be done therein.
(f) Notice is hereby given of the fact that in many cases
said work and improvements will bring the finished
work to a grade different from that formerly existing,
and that to said extent, said grades are hereby
changed and said work will be done to said changed
grades.
•
2.
1 4Ei.�i
Section 2. Description of Assessment District. Said
improvements and work are of direct benefit to the properties
and land within the Assessment District, and the City hereby
makes the expenses of said work and improvements chargeable
upon certain properties, which properties are hereby declared
to constitute the Assessment District benefited by said work
and improvements and to be assessed to pay the costs and
• expenses thereof, including incidental costs and expenses,
described as follows:
All that certain territory included within the exterior
boundary lines shown on the plat exhibiting the property
affected or benefited by or to be assessed to pay the costs
is and expenses of said work and improvements in the
Assessment District, said map titled and identified as
"PROPOSED BOUNDARIES OF
ASSESSMENT DISTRICT NO. 73"
and which said map was heretofore approved and is on file
with the transcript of these proceedings, EXCEPTING
therefrom the area of all public streets, public avenues,
public lanes, public roads, public drives, public courts,
public alleys, and all easements and rights -of -way therein
contained belonging to the public. For all particulars as
to the boundaries of the Assessment District, reference is
ihereby made to said map and for a complete description of
said Assessment District, the boundary map on file shall
govern.
SECTION 3. Report of Engineer. This proposed improvement
is hereby referred to the Engineer of Work of the Assessment
• District, previously designated, who is hereby directed to make
and file the report in writing containing the following:
(a) Plans and specifications of the proposed improvements;
(b) An estimate of the cost of the proposed work and
improvements, including the incidental expenses in
connection therewith;
• (c) A diagram showing the boundaries of the Assessment
District which shall also show the dimensions of the
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respective subdivisions of land within the Assessment
District, as the same existed at the time of the
passage of the Resolution of Intention, each of which
subdivision shall be given a separate number upon said
diagram;
(d) A proposed assessment of the total amount of the
assessable costs and expenses of the proposed
improvements upon the several subdivisions of land in
proportion to the estimated benefits to be received by
such subdivisions, respectively, from said
improvements. Said assessment shall refer to such
subdivisions upon said diagram by the respective
numbers thereof;
(e) A description of the improvements to be constructed
under these proceedings, and acquisition, where
necessary. When any portion or percentage of the cost
and expenses of the improvements is to be paid from
sources other than assessments, the amount of such
portion or percentage shall first be deducted from the
total estimated costs and expenses of said work and
improvements, and said assessments shall include only
the remainder of the estimated costs and expenses.
SECTION 4. Bonds. Notice is hereby given that serial
bonds to represent the unpaid assessments, and bearing interest
at the rate of not to exceed the current legal maximum rate of
12% per annum, will be issued hereunder in the manner provided
in the "Improvement Bond Act of 191511, being Division 10
(commencing with Section 8500) of the California Streets and
'. Highways Code, the last installment of which bonds shall mature
a maximum of and not to exceed nineteen (19) years from the
second day of September next succeeding twelve (12) months from
their date. The provisions of Part 11.1 of said Act, providing
an alternative procedure for the advance payment of assessments
and the calling of bonds, shall apply.
• The principal amount of the bonds maturing each year shall
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be other than an amount equal to an even annual proportion of
the aggregate principal amount of the bonds; the amount of
principal maturing in each year plus the amount of interest
payable in that year, will be an amount that is approximately
equal each year, except for an adjustment in the first year's
assessment.
SECTION 5. Authority for Proceedings. Except as herein
otherwise provided for the issuance of bonds, all of the
improvements shall be made and ordered pursuant to the
provisions of the "Municipal Improvement Act of 1913 ".
SECTION 6. Surplus Funds. If any excess shall be realized
from the assessment, it shall be used, in such amounts as this
legislative body may determine, in accordance with the
provisions of law for one or more of the following purposes:
(a) Transfer to the general fund, provided that the amount
of any such transfer shall not exceed the lesser of
One Thousand Dollars ($1,000.00) or five percent (5%)
of the total amount expended from the Improvement Fund
(as hereinafter established);
(b) As a credit upon the assessment and any supplemental
assessment as provided in Section 10427.1; or
(c) For the maintenance of the Improvements.
SECTION 7. Special Fund. The legislative body hereby
establishes a special fund designated
IMPROVEMENT FUND FOR
ASSESSMENT DISTRICT NO. 73
into which moneys may be transferred at any time to expedite
the making of the Improvements herein authorized; said moneys
are a loan and shall be repaid out of the proceeds of the sale
of bonds as authorized by law.
SECTION 8. Private Contract. Notice is hereby given that
the public interest will not be served by allowing the property
owners to take the contract for the construction of the
Improvements, and that, as authorized by law, no notice of
award of contract shall be published.
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SECTION 9. Grades. Notice is hereby given that the grade
to which the work shall be done shall be as shown on the plans
and profiles therefor, which grade may vary from the existing
grades. The work herein contemplated shall be done to the
grades indicated on the plans and specifications. Any
objections or protests to the proposed grade shall be made at
the public hearing to be conducted under these proceedings.
• SECTION 10. Proceedings Inquiries. For any and all
information relating to these proceedings, including
information relating to protest procedure, your attention is
directed to the person designated below at the department
indicated:
William M. Glickman, (213) 322 -4670
Director of Public Works
City of E1 Segundo
350 Main Street
El Segundo, California 90245 -0989
SECTION 11. Public Property. All public property in the
use and performance of a public function shall be omitted from
• assessment in these proceedings unless expressly provided and
listed herein.
SECTION 12. Acquisition. The public interest, convenience
and necessity may require that certain land, rights -of -way or
easements be obtained in order to allow the works of
improvement proposed for this Assessment District to be
accomplished. For a general description of the location and
extent of the easements or land necessary to be acquired, if
any, reference is hereby made to maps on file with the
transcript of these proceedings.
SECTION 13. Bond Redemption. The legislative body further
elects to provide that the bonds herein authorized, upon
redemption prior to maturity, shall provide a premium of not to
exceed five percent (5%) on the unmatured principal, to be
determined and specified in the resolution authorizing issuance
of the bonds, and said language shall be added to the
redemption clause in the bond form to require the property
[IF
owner to pay said premium in order to discharge the obligation
of the lien prior to maturity.
SECTION 14. Division 4 Proceedings. It is the intention
of this legislative body to fully comply with the proceedings
and provisions of the "Special Assessment Investigation,
Limitation and Majority Protest Act of 193111, being Division 4
(commencing with Section 2800) of the California Streets and
Highways Code. A report, as required by said Act, will be
prepared and on file with the transcript of these proceedings
and open for inspection by the public.
SECTION 15. City Contribution. Certain improvements
within the assessment district, specifically, a force main,
gravity sewer and wet well resurfacing /coating, will be
constructed with funds contributed by the City. Following
confirmation of the assessments, the City Council will pass a
resolution making said contribution to the assessment district.
SECTION 16. 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 record of the
proceedings of the City Council of said city, in the minutes of
the meeting at which the same is passed and adopted.
PASSED, APPROVED and ADOPTED this 21st day of January ,
1986.
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(SEAL)
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WITNESS MY HAND AND THE OFFICIAL SEAL OF SAID CITY
this 3rd day of February , 19 86 .
(SEAL)
City of E1 Segundo, California
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Ronald L. Hart , City
Clerk of
the
City of El Segundo, California, DO HEREBY CERTIFY
that the
whole
number of members of the City Council off the said
City is
five;
that the foregoing resolution, being Resolution No.
3356
was
duly passed and adopted by the said City Council,
approved
and
signed by the Mayor of said City, and attested by
the City
Clerk
of said City, all at a regular meeting of the said
Council
held
on the 21st day of January
, 19
86
and that the same was so passed and adopted by the
following
vote:
AYES: Councilmembers Jacobson, Schuldt, Siadek,
Synadinos & Mayor Armstrong
NOES: Councilmembers None
ABSENT: Councilmembers None
WITNESS MY HAND AND THE OFFICIAL SEAL OF SAID CITY
this 3rd day of February , 19 86 .
(SEAL)
City of E1 Segundo, California