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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:
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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