CC RES 1988-003RESOLUTION N09 88 -3
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES DECLARING ITS INTENTION
TO ORDER IMPROVEMENTS FOR PROPOSED
ROCKINGHORSE ROAD SEWER ASSESSMENT DISTRICT
PURSUANT TO THE MUNICIPAL IMPROVEMENT ACT OF
1913
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES HEREBY FINDS,
DETERMINES, RESOLVES AND ORDERS AS FOLLOWS:
Section 1. The City Council hereby (i) finds that the public
interest, necessity and convenience require and (ii) declares its intention
to order improvements authorized by Division 12 of the California Streets
and Highways Code, commencing with Section 10000. Such improvements are
briefly described in Section 3, below.
Section 2. The district of land to be benefited by the improve-
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ments briefly described in Section 3, below, and to be specially assessed
to pay the costs and expenses of such improvements and the damages caused
thereby, shall be referred to as "Rockinghorse Road Sewer Assessment
District."
Section 3. The proposed improvements may be briefly described as
follows: the installation and construction of sanitary sewers, together
with appurtenances and appurtenant work and facilities and the acquisition
of necessary easements and rights -of -way in connection therewith.
Section 4. For a description of the exterior boundaries of the
real property to be benefited by the improvements briefly described in
Section 3, above, and to be specially assessed to pay the cost and expenses
of such improvements, reference is hereby made to a map of the exterior
boundaries of such real property designated "Proposed Boundaries of
Rockinghorse Road Sewer Assessment District," hereby approved by the City
Council and now on file in the office of the City Clerk of the City of
Rancho Palos Verdes. The office of the City Clerk is located at City Hall,
30940 Hawthorne Boulevard, Rancho Palos Verdes 90274,
Section 5. The Director of Public Works is hereby appointed and
designated as Assessment Engineer for purposes of assessment proceedings to
be undertaken in connection with the proposed Rockinghorse Road Sewer
Assessment District,
Section 6. Such proposed improvements are hereby referred to the
Director of Public Works to make a written report in accordance with
Section 10204 of the California Streets and Highways Code and to file such
report with the City Clerk.
Section 7. As set forth by a certificate of the Director of
Public Works, which certificate is on file in the office of the City Clerk,
all of the owners of more than 60 percent in area of the property subject
to assessment for the improvements described in Section 3, above, have
signed and filed with the City Clerk a written petition for such improve-
ments and a waiver of the investigation and other proceedings pursuant to
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709CP /RES88 -3
the Special Assessment Investigation, Limitation and Majority Protest Act
of 1931 (Division 4 of the California Streets and Highways Code, commencing
with Section 2800) . By virtue of the signing and filing of such petition
and waiver, the Special Investigation, Limitation and Majority Protest Act
of 1931 does not apply to the special assessment proceedings undertaken by
the City in connection with the improvements described in Section 3, above.
Section 8. The City Council hereby determines that it is in the
public interest and more economical to eliminate any disparity in levels or
size between such proposed improvements and private property on such pri-
vate property, rather than to adjust the work on public property to elimi-
nate such disparity.
Section 9. Provision is hereby made for the issuance of improve-
ment bonds pursuant to Chapter 7 of Division 12 of the California Streets
and Highways Code, commencing with Section 10600.
Section 10. Notice is hereby given that serial bonds to represent
unpaid assessments and to bear interest at the rate of not to exceed 12
percent per annum, payable semiannually, shall be issued hereunder in the
manner provided by Part 5 of Division 7 of the California Streets and
Highways Code, and the last installment of bonds shall mature 9 years from
the second day of January next succeeding the next September 1st following
their date.
Section 11. The City Council hereby determines that the principal
amount of the bonds maturing each year shall be other than an amount equal
to an even annual proportion of the aggregate principal of the bonds,
Section 12. The City Council hereby designates the City
Treasurer, or the designated agent of the City Treasurer, to collect and
receive the assessments,
Section 13. Pursuant to California Streets and Highways Code
Section 6442, the City Council hereby elects to have the City Treasurer
retain the first delinquency penalty of 2 percent as a cost of servicing
the delinquency.
Section 14. Any surplus moneys remaining in the improvement fund
after the completion of such proposed improvements shall be disposed of in
accordance with California Streets and Highways Code Section 10427.
Section 15. In the opinion of the City Council, the public
interest will not be served by allowing property owners to take a contract
to perform the work.
Section 16. The City Council hereby declares that any lot or par-
cel belonging to the United States, the State of California, the County of
Los Angeles or the City of Rancho Palos Verdes, which is in use in the per-
formance of any public function, shall be omitted from the assessment to
cover the costs and expenses of the improvements described in Section 3,
above,
Section 17. The Director of Public Works is hereby appointed and
designated to perform the duties and functions of the Superintendent of
Streets in connection with assessment proceedings to be undertaken in con-
nection with proposed Rockinghorse Road Sewer Assessment District pursuant
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to the Municipal Improvement Act of 1913 (Division 12 of the California
Streets and Highways Code) and the Improvement Act of 1911 (Division 7 of
the California' Streets and Highways Code)*
PASSED, APPROVED AND ADOPTED this 14th day of January ,
1988.
rM
ATTEST:
City Clerk
SATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF RANCHO PALOS VE RDE S )
I, JO PURCELL, Agency Secretary of the City of Rancho Palos
Verdes, hereby certify that the above Resolution No. 88 -3 was duly and
regularly passed and adopted by the said City Council at a regular meeting
thereof held on January 14, 1988.
City Clerk, `, ity of Rancho Palos Verdes
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