[Added by Ord. #918, § 7600]
There hereby is established and provided a procedure for the
formation of street lighting maintenance districts in the City including
the method of assessing the costs for the same upon the benefited
property and the enforcement thereof by the sale of properties against
which such assessment has become a lien.
[Added by Ord. #918, § 7601; Ord. #1117]
For the purpose of carrying out the intent and purpose of this
Chapter there hereby is adopted the Street Lighting Act of 1919 (being
Part 1 of Division 14 of the Streets and Highways Code of the State
of California) as amended and in force and effect on August 19, 1958,
except those portions of said Act designated in said Code respectively
as Sections 18030, 18031, 18042, 18061, 18062, 18090, 18091, 18092,
18094, 18097, 18098, 18120, 18123, 18127, 18170, 18174 and 18175.
[Added by Ord. #972, § 7601.1]
Sections 18150 through 18155, both inclusive, of the Street
Lighting Act of 1919 (being Part 1, Division 14, of the Streets and
Highways Code of the State of California) as amended and in force
and effect on July 1, 1954, are hereby adopted.
[Added by Ord. #918, § 7602]
As used in this Chapter:
Shall mean any privately or publicly owned utility furnishing
the agency for lighting or illumination.
Shall mean the furnishing of electric current or energy or
other illuminating agent to all or part of any street lighting system,
and luminaries, poles or lighting standards when such luminaries,
poles, or lighting standards are owned by the company furnishing the
service and are furnished by said company for a rental fee.
[Added by Ord. #918, § 7603]
The following shall be in lieu of the deleted Section 18030
of said Streets and Highways Code. Whenever in the opinion of the
City Council the public interest or convenience may require that body
may do one or more of the following:
a.
Order any
street lighting system to be maintained in or along the whole or any
part of any one or more of the streets in the City.
b.
Order electric
current or energy or other illuminating agent to be furnished for
such street lighting system.
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For any of the purposes expressed in paragraphs a or b of this
section, the City Council may determine and declare the district to
be benefited by any such improvement and fix the exterior boundaries
thereof and assess, either partly or wholly, the costs and expenses
(including all incidental expenses) of such improvement, or any one
or more of the items thereof, upon the lands in the district. The
district as determined by the Council may be composed of noncontiguous
parts.
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[Added by Ord. #918, § 7604]
The following shall be in lieu of the deleted Section 18031
of the Streets and Highways Code. The City shall not be limited by
the provisions of this Chapter to the maintenance or servicing of
street lighting systems, or any part thereof, owned only by the City,
but the City Council also may order such maintenance or service to
be furnished upon street lighting systems, either in whole or in part,
installed by and remaining the property of any public utility, public
corporation or other person with whom a contract is entered into for
such maintenance or service and may assess the costs and expenses
thereof, including the rental of poles, luminaries, standards and
other facilities from the company furnishing such service, luminaries,
poles and facilities, in accordance with the provisions of this Chapter.
[Added by Ord. #918, § 7605]
The following shall be in lieu of the deleted Section 18042
of the Streets and Highways Code. When the report is filed with the
Clerk he shall present it to the City Council for consideration and
that body shall approve or reject the report. Prior to approval the
Council may modify it in any respect. The report as approved shall
stand as the report for the purpose of all subsequent proceedings.
[Added by Ord. #918, § 7606]
The following shall be in lieu of the deleted Section 18061
of said Streets and Highways Code. The Resolution of Intention:
a.
Shall describe
briefly the proposed improvement;
b.
Shall designate
the assessment district by describing the exterior boundaries thereof,
or by referring to a plat or map on file in the office of the City
Clerk at the time of passing the Resolution of Intention, which shall
indicate by a boundary line the extent of the territory included in
the proposed district, and shall govern for all details as to the
extent of the assessment district;
c.
May order
that a certain portion or percentage of the costs and expenses of
the improvement, the amount of which portion or percentage shall be
specified in the Resolution, shall be paid out of the City Treasury
from such fund as the City Council may designate;
d.
Shall set
the time and place for hearing protests in relation to the proposed
improvement, which time shall not be less than 20 days from the date
of the passage of the Resolution of Intention and, further, shall
direct the Clerk to give notice of the hearing in the manner provided
in Sections 18071 and 18072 of said Streets and Highways Code;
e.
Shall provide
that the improvement of the street lighting system shall be for a
period of time stated in the Resolution of Intention, which period
of time shall not exceed six years.
[Added by Ord. #918, § 7607]
The following shall be in lieu of the deleted Section 18062
of said Streets and Highways Code. The dates of commencement and ending
of the improvement shall be fixed by the City Council on or before
the date of execution of any contract as provided in this Chapter,
or, in the event that no contract is let and the maintenance or servicing
is furnished by the City, those dates shall be fixed by the City Council
on or before the date of ordering the maintenance or servicing by
the City. The City Council may subsequently postpone the dates of
commencement and ending of the period for a reasonable time upon good
and sufficient reason appearing therefor and may, in any advertisement
for bids and in any contract entered into, reserve the right to make
such postponement for such reason.
[Added by Ord. #918, § 7608]
The following shall be in lieu of the deleted Section 18090
of said Streets and Highways Code. After acquiring jurisdiction to
proceed with the improvement, the City Council shall levy the assessment
for the portion or percentage required to pay for the improvement
for the period of time beginning with the date of commencement of
the improvement fixed by the City Council and ending with the close
of one twenty-four-month period thereafter upon all the respective
lots or parcels of land in the assessment district. The assessment
shall be divided into two annual installments. Thereafter during the
period of time provided in the Resolution of Intention, the City Council
shall, on or before the beginning of the next succeeding twenty-four-month
period, levy in like manner and on the same lots or parcels of land
the assessment for the portion or percentage required to pay for such
improvement for such twenty-four-month period, and said board, commission,
or officer of the City authorized therefor shall, on or before 21
days prior to the commencement of each such period, make and file
with the City Council a report in writing.
[Added by Ord. #918, § 7609]
The following shall be in lieu of the deleted Section 18091
of said Streets and Highways Code. Such report shall contain:
a.
An estimate
of the cost and expense of the improvement for the ensuing twenty-four-month
period.
b.
A diagram
showing the assessment district referred to in the Resolution of Intention,
also the boundaries and dimensions of the respective lots or parcels
of land within the district as it existed at the time of the making
of the last mentioned diagram, each of which lots or parcels shall
be given a separate number on the diagram.
c.
A schedule
showing the proportionate amount of the assessment to be charged in
proportion to the benefits to be received by each lot or parcel shown
on the diagram required by paragraph b of this section; such amount
shall be shown as two annual installments which need not be equal
in amount.
[Added by Ord. #918, § 7610]
The following shall be in lieu of the deleted Section 18092
of said Streets and Highways Code. Any unexpended balance remaining
in the fund devoted to the improvement at the expiration of any preceding
assessment period shall be credited to the fund to be raised for the
next ensuing assessment period and the assessment to be levied for
such ensuing period shall be only for the amount required therefor
after deducting from such estimated amount the amount of any such
unexpended balance. Any unexpended balance remaining in such fund
at the expiration of the period of time provided for in the Resolution
of Intention, upon demands therefor made in accordance with the provisions
of Section 1416 of the Charter of the City, shall be repaid pro rata
to the persons by whom such assessments were paid, unless a new district
is formed for furnishing service to said lands in the manner provided
in this Chapter, then, and in such event, any unexpended balance remaining
in such fund shall be credited to the fund to be raised for the next
ensuing assessment period for said new district. Any such unexpended
balance remaining in such fund at the expiration of such period, and
not demanded as provided in this section, shall revert to the general
fund of the City or be placed in such fund as the City Council may
order.
[Added by Ord. #918, § 7611]
The following shall be in lieu of the deleted Section 18094
of said Streets and Highways Code. Upon the levying of any assessment,
the City Clerk shall transmit the diagram and assessment upon which
such levy is based, or a certified copy of said diagram and assessment
upon which such levy is based, or a certified copy of said diagram
and assessment to the City Tax Collector or to such other City officer
or employee as the City Council designates in the resolution levying
the assessment or in the case the City has adopted a method for collection
of taxes by County officers then at the option of the City to the
County Tax Collector, and such County Tax Collector shall have full
power to perform the duties required in this section of the City Tax
Collector.
[Added by Ord. #918, § 7612]
The following shall be in lieu of the deleted Section 18097
of said Streets and Highways Code. The Tax Collector shall, upon the
recording of such diagram and assessment, give notice by publication
for five days in a daily newspaper, published and circulated in the
City, or by two insertions in a weekly newspaper so published and
circulated, that the diagram and assessment has been recorded in his
office and that the first installment of said assessment is due and
payable immediately and the second installment will be due one year
thereafter and that payment of said first installment shall be made
to him within 60 days after the date of the first publication or posting
and that said second installment shall be paid to him within one year
and 60 days after the date of the first publication or posting, which
date shall be stated in the notice. The notice shall also contain
the statement that all first installments of said assessment not paid
before the expiration of the 60 days shall be delinquent and that
all second installments not paid before the expiration of said one
year and 60 days shall be delinquent. Upon any such installment becoming
delinquent 5% of the amount thereof shall be added thereto. The Tax
Collector shall mail bills to the owners of property within the district
as such owners are shown on the last equalized assessment roll of
the County of Los Angeles, or as known to the Tax Collector.
[Added by Ord. #918, § 7613]
The following shall be in lieu of the deleted Section 18098
of said Streets and Highways Code. When payment of any assessment
or installment is made, the Tax Collector shall mark opposite such
assessment or installment the word "paid," with the date of payment
thereof, and shall give a receipt therefor. Upon the expiration of
the period of 60 days in the case of the first installment, or upon
the expiration of said period of one year and 60 days in the case
of a second installment, all assessments or installments then unpaid
shall become delinquent, and the Tax Collector shall mark each such
assessment or installment "delinquent," and shall add 5% to the amount
thereof, and, in addition thereto, 1% per month to each delinquent
installment until the same, including the penalties thereon, is paid.
[Added by Ord. #918, § 7614]
The following shall be in lieu of the deleted Section 18120
of said Streets and Highways Code. If either the first or second installment
is delinquent and unpaid the Tax Collector shall, within 30 days after
the date of delinquency of the second installment, begin the publication
of a notice of sale of the land upon which the assessments or any
installment thereof have not been paid, which publication shall be
made by two insertions in a daily or weekly newspaper published and
circulated in the City. The dates fixed for the sale of such land
shall be not less than 10 days nor more than 30 days after the last
publication of said notice of sale, or after the completion of posting,
as the case may be.
[Added by Ord. #918, § 7615]
The following shall be in lieu of the deleted Section 18123
of said Streets and Highways Code. At the time and place fixed in
the notice of sale the Tax Collector shall proceed with such sale,
commencing at the head of the list of lands contained in such notice
and continuing in the numerical order thereof until all land is sold,
except that he may postpone or continue the sale from day to day until
the sale is completed. The Tax Collector shall separately sell each
lot or parcel of land described in such notice, or so much therefor
as is necessary to realize the amount assessed against the lot or
parcel, together with the penalties and costs, and $0.50 for a certificate
of sale. The City shall have prior rights to purchase any land to
be sold at said auction for the amount of the assessment, including
penalties, costs and interest against any parcel and if there is no
other purchaser the lot or parcel shall be struck off to the City
as purchaser.
[Added by Ord. #918, § 7616]
The following shall be in lieu of the deleted Section 18127
of said Streets and Highways Code. At any time after the expiration
of 12 months from the date of sale, the Tax Collector shall execute
to the purchaser, or his assignee, on his application, if such purchaser
or assignee has complied with the provisions of this Chapter, a deed
of the land sold, in which shall be recited substantially the matters
contained in the certificate, also any assignment thereof and the
fact that no person has redeemed the land. The Tax Collector shall
receive from the applicant for a deed $1 for making such deed, unless
the City is the purchaser, in which case no charge shall be made therefor.
In the event, however, the City is the purchaser then no deed shall
be executed to the City without a notice of sale and a public auction
as provided in Sections 23-15 and 23-16 of this Code.
[Added by Ord. #918, § 7617]
The following shall be in lieu of the deleted Section 18176
of said Streets and Highways Code. At any time after the transmission
of the diagram and assessment to the City Tax Collector or City Auditor,
the City Council may let the contract for making such improvement.
If the installation of such proposed lighting system is abandoned,
then the proceedings under this section shall be abandoned.
[Added by Ord. #918, § 7618]
The following shall be in lieu of the deleted Section 18175
of said Streets and Highways Code. If the work of the improvement,
or any part thereof, is executed by the City, then the amount appropriated
and used from the special fund to pay the costs and expenses of the
work or part thereof executed by the City shall not exceed the amount
of the respective lowest valid bid received for such work or for such
part thereof, or, if no bids have been received or the work of the
improvement is executed by the City the amount appropriated and used
from the special fund to pay the costs and expenses of such work shall
not exceed the amount of the respective estimate thereof provided
for in Section 18041 of said Streets and Highways Code. If such costs
and expenses exceed the amount of the said bid, or of the said estimate
in case no bids are received, then such excess costs and expense shall
be paid out of any moneys in the general fund in the City Treasury.
