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HomeMy WebLinkAbout343124 ORDINANCE NO. 343 AN ORDINANCE OF THE CITY OF IRWINDALE RELATING TO ASSESSMENT BONDS FOR PUBLIC IMPROVEMENTS IN THE CITY AND AS AN URGENCY MEASURE TO TAKE EFFECT UPON ADOPTION The City Council of the City of Irwindale does ordain as follows: Section 1. General Powers. Any part or parts of the City of Irwindale hereinafter referred to as the "City") may be created and operated as a district or districts for the acquisition, construction, improvement, completion, repair, management, reconstruc- tion, administration, maintenance, operation and disposal of the public improvements enumerated in the Acts hereinafter referred to. The City Council shall have the powers; jurisdiction and authority, all as now or hereafter provided in the Improvement Bond Act of 1915, the Municipal Improvement Act of 1913 and the Improvement Act of 1911 (hereinafter referred to as the "Acts"). In addition to the matters specified elsewhere in this Ordinance, the City is authorized to perform the following acts, including, without limitation: (a) Acquire, by condemnation, purchase, gift, lease, or any other means, property necessary or convenient for such use or uses as are provided in the Acts. (b) Employ engineers, attorneys, and other persons neeessary or convenient for the doing or any act authorized by this Ordinance. (c) Do all acts and things necessary or convenient for the accomplishment of the purposes of this Ordinance. Section 2. Ordinance Superior. The provisions of this Ordinance shall be controlling to the extent that they are in conflict with any of the provisions of the Acts. Section 3. Ordinance Not Exclusive. This Ordinance is not exclusive. The City Council shall have the power to provide other procedures or to follow procedures now or hereafter provided by general law. Section 4. Investigation Act. Before ordering any acquisitions or improvements, or both, or the creation of any district pursuan hereto, the City Council shall find that the public convenience and necessity require such acquisitions or improvements, or both, in the manner provided in Section 19, Article XVI of the California Constitution. (a) Preliminary Determination of Necessit . A resolution of preliminary determination shall -be adopted describing in general terms the proposed improvement and/or acquisition and setting a time and place when and where any and all persons interested may appear and show cause, if any they have, why the City Council should not find and determine that the public convenience and necessity require the proposed acquisition or improvement without compliance with the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (the "Investigation Act"). (b) Notice and Hearing. The resolution shall comtain a notice of the time and place of hearing. A copy of the resolution shall be published in one issue of a newspaper published and circulated in the City, and a copy shall be posted on or near the door to the City Council chambers or on a bulletin board in the City Hall. The posting and publication shall be had at least ten (10) days before the date of the hearing. The resolution '1�) may be consolidated with the resolution of intention. Ordinance No. 343 Such notice shall also be given by mailing a copy of the resolution at least fifteen (15) days before the time fixed for the hearing to each holder of title to taxable real property within the proposed improvement district as such ownership is shown on the last equalized county assess- ment roll. (c) Ob'ections. Any person interested may object to underta ing the proceedings without first complying with the provisions of the Investigation Act. (d) Final Determination of Necessity. If no protests are made, or when the protests shall have been heard and overruled, the City Council may adopt a resolution finding and determining that the public convenience and necessity require the proposed improvements and/or acquisition, and that the Investigation Act shall not apply. The said finding may be incorporated in the resolution ordering the improvement and/or acquisition. (e) Modification. When proceedings are had for a change and modification, the resolution of intention to change and modify shall be deemed a resoultion ordering the improvement or acquisition as to the changes and modifications. (f) Jurisdiction. The resolution determining the convenience and necessity shall be adopted by the affirmative vot of four-fifths (4/5) of the City Council, and its findings and determinations shall be final and conclusive. (g) Nonap lication. This Section shall not apply when investigation proceedings have been avoided or taken pursuant to the Investigation Act. (h) Finality. Where proceedings for any improvements and/or acquisitions or any part thereof have been undertaken without compliance with the Investigation Act or withour proceedings under this Section, proceedings may thereafter be ha&�under this Section with reference thereto, and the order of the City Council determining convenience and necessity therein shall be final and conclusive. Section 5. CityVolition. The City may prepare a report, adopt a resolution of intention and form a`district, without the requirement that any petition be filed therefor. Such report shall be substantially similar to that described in Section 10204 of the Streets and Highways Code except that it shall not be necessary that detailed plans and specifications be prepared; provided that said report contains a description of the acquisition and/or improvements to be acquired or con- structed and a cost estimate thereof, all in sufficient detail so that the scope of the acquisition and/or improvement and an estimated cost thereof, including, without limitation, reservesforcontingencies and errors in the estimates, can form a reasonable basis for proceeding with the hearing. Section 6. Elapse of Time. It shall not be necessary for any spec fied ime to elapse between the performance of acts. Section 7. Period of Notice. Except as otherwise provided herein, the firs -t publication and the mailing of any resolution or notice shall be not later than fifteen (15) days before the day fixed therein for hearing or other act. Ordinance No. 343 Section 8. Resolution Sufficient. The City Council may act by resolution where an ordinance is provided. Section 9. When Bonds May Issue. In all proceedings under this ordinance the bonds may be issued before (i) contracting or obtaining options for the purchase of the lane, property or rights - of way to be acquired, or obtaining a judgment in eminent domain for the acquisition thereof, or (ii) before detailed plans and specifications have been prepared; provided that a reasonably detailed description of the improvements to be acquired and a reasonably detailed cost estimate thereof is set forth in the proceedings. Section 10. Registration. The bonds may be made registrable as to principal and interest, or as to principal only, and may be made deregistrable. Section 11. Divisions. The bonds may be issued in different divisions wi h different dates of maturity. Section 12. Sale of Bonds, Use of Proceeds. (a) The bonds shall be sold for such price or prices as the City Council, in its discretion, shall determine, which may be at the par value thereof, with or without premium or discount, at an interest rate or rates not to exceed those specified in the proceedings, which interest rate or rates may exceed those set forth in the Acts. The bonds may be sold at public or private sale, as the City Couneil, in its discretion, shall determine. If the City Council determines to sell the bonds by private sale, the same shall be awarded by resolution to the buyer or buyers thereof. If the City Council determines to sell the bonds at public sale, before selling the bonds or any part thereof, the City Clerk of the City shall give notice inviting sealed bids in such manner as the City Council shall prescribe. If satisfactory bids are received, the bonds offered for sale shall be awarded by resolution to the highest responsible bidder. If no bids are received, or if the City Council determines that the bids received are not satisfactory as to price or responsibility of the bidders, they may reject all bids received, if any, and either readvertise or sell the bonds at private sale. (b) The purposes for which the proceeds of the bonds may be used may also include, -without limitation, incidental expenses, such as engineering, appraisal, legal fees, bond counsel fees, financing consultant fees, land and rights -of way acquisition, reserve funds and expenses of financing the district and expenses of all proceedings for the authorization, issuance and sale of the bonds or related thereto. Section 13. Additional Collection Provisions. The provisions Of the California Streets and Highways Code, Sections 8830 and 8835, inclusive, shall apply to assessments levied hereunder. Section 14. Other Procedures. When proceedings are had under the Acts, their provisions may be supplemented by other proceedings or as otherwise provided in the resolution of intention. Section 15. Two Districts. Territory included in one district may b i e in another district if the City Council shall find that the territory will be benefited by being included in the subsequent district. 1127 Ordinance No. 343 Section 16. Repealer of Other Ordinances. All Ordinances and parts of ordinances insofar as the conflict with this Ordinance are hereby repealed. Section 17. Power to Enact Ordinance; Serverability Clause. The City Council hereby declares that this Ordinance is an excercise of the power granted by the general lays -of the State of California to levy special assessments against publicly -owned property for the benefits enjoyed by such property frm locat improvements. Proceedings for such levy established by this Ordinance are an exercise by the City of itsmunicipal affairs power to establish modes of procedure appropriate and necessary to the effective exercise of the basic power granted by the Constitution and laws of the State of California, and represent the necessary menas to accomplish the end and purposes of the power. If any Section, paragraph, subdivision, sentence, clause or phrase of this Ordinance shall for any reason be adjudged by any court of competent jurisdiction to be unconstitutional, unenforceable or invalid, such judgment shall not affect the validity of the remaining portion of this Ordinance. The City Council hereby declares it would have adopted this Ordinance and each and every other Section, paragraph, subdivision, sentence, clauses or phrases of this Ordinance may be held to be unconstitutional, unenforceable or invalid. Section 18. Effective Date - Urgency. This Ordinance is an urgency measure and shall take effect upon adoption. The facts constituting such urgency are: There is a severe reclamation problem in the City. The City has previously exercised its home rule charter powers in enacting Ordinance No. 339 to help to combat this problem and foster reclamation and development in the City. The City is presently in the process of implementing its first efforts under Ordinance No. 339• It appears that the installation of public improvements by the assessment district method provided hereunder will greatly faciliate certain developments and so help the efforts to solve the reclamation problem in the City not only directly but indirectly by helping to build up the financial base in the City which will help to solve the reclamation problem. At present, the interest rate limitations are other inconveniences in the Acts prevent their being used sucessfully and with the speed that is necessary and desirable. Developers have expressed their need for the assessment district method provided hereunder. It is necessary and desirable that such developers be encouraged and that they proceed as quickly as possible so that the reclamation effort can be built up into an ongoing effort at the earliest possible date. In the evidentiary material which supported Ordinance No. 339, it appeared that the open mining pits and the need for their reclamation and their present health, safety and economic problems, as well as having other bad social consequences. Therefore, the public peace, health and general welfare of the City and its citizens and inhabitants require that this Ordinance take effect upon adaption. APPROVED, PASSED AND ADOPTED this 10th day of July, 1980. Mayo 4-'" ATTEST: A28 Ordinance No. 343 STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF IRWINDALE I, Margaret S. Barbosa, City Clerk of the City of Irwfndale do hereby certify that the foregoing Ordinance, "being Ordinance No. 343, was introduced at a regular meeting of the City Council of the City of Irwindale, held on the 10th day of July, 1980, and was duly passed, approved and adopted by said Council, approved and signed by the Mayor and attested by the City, Clerk at a regular meeting of the said City Council held on the 10th day of July, 1980, by the following vote: AYES: Councilmen: Barbosa, Castellanos, Tapia, Pat Miranda and Mayor Michael Miranda NOES: Councilmen: NONE ABSENT: Councilmen: NONE Margret 6. Barbosa, City Clerk