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HomeMy WebLinkAboutAgenda Report - February 17, 1982 (41)_� 04 ki., YZ �t�", s yam,. 1< w1d"T4"'r cr'ark %�y k�T��*s•�Tavn t aSy r �f r,�f`zc 4 ki [ tRr i J Ta ui `e Xg 3".c. a�+`��'- - 3,. � �tl•Li-�2.,..%'�i r� t � t .t n .. 4w.�i ' .>�•x. A ,�. -. ,id,c. , tti`r '�' r�Y ry-N •+' � Y c c �. v� r� -;' y Y"'.r .. d3} � r"a+. by . c t: k ,� Fri r a eiva�{ '�•'l RQ ..�sr,`,,.{„o-Ar r t+cr i s s.' i.:y x ela.'K" y 1 iYr✓ �r� nom` `L P '7 1 '� y .k 1 t , ' �-� '�A t i �; `" as 3 y t '. � , t a i c�' i�' 5'U�'}•a` i c, z �-'t w w kr �,Y. 3u Yy� r * � ^ tc,u ,�� t .f .r 't[ f LICA?„k{�L�Sr'L�yRh ��F. i�. ti ti�'r a�a b+• '-'l r,` '"♦ >, �i'a ^�v ,xFc�s.u :Y . c. .. 'bZ•�§Ac� p�� �,e ,-''`.n i��A`'� pr^S�ti�''�,,�'� n„^^,�r�t, L�r'- A �. .. ..... 1. 4 l•FW.vd'�l RS s`l4i •..�n ._ Continued i`ehru.za-Y i i, .1982 ACTION DEFERRED ON rt arding sidewalk installation under the A repo ret 3 1911 as prepared by the City REQUEST FOR Improvement Act of rusal. A for Council's uestions SIDEWALK INSTALLA- Clerk was presented lengthy discussion followed with q being TION ON SUNSET DRIVE directed to the Assistant City Manager, City Council deferred Attorney and the City Clerk. the request for sidewalk installa- action regarding for additional information tion on Sunset Drive from the City Clerk and City Attorney relative beinwner- to the possibility of such improvements of property o mandated at the time of change ship. r - r TO THE CITY COUNCIL FROM THE CITY MANAGER'S OFFICE SUBJECT fOUNCIL C0MMUNICATI'41 DATE February 17, 198 M Sidewalk Installation - Sunset Drive (The Improvement Act of 1911) At its Feh; tt Clerk to installation under the provisions of thl State of California Streets and Highways Code. Under this act, the duty to construct is defined as follows: "The owners of lots or portions of lots fronting on any public street or place when that street or place has been improved by the construction of sidewalks or curbs for a total frontage of more than fifty percent (508) on one side of such street or place in any block, or where a petition signed by the owners of more than sixty percent (608) of the front footage of the block has been filed with the city clerk requesting the installation of such improvements, or where a petition signed by the owners of more than sixty percent (60%) of the front footage of any part of an unimproved portion or portions of a block has been filed with the city clerk requesting the installation of such improvements in front of said part, or whenever the legislative body of the city upon its own motion or ers th ie nstallation of such improvements in rout o said part, sial ^have the duty of constructing or causing the construction of sidewalks or curbs in front of their properties upon notice so to do by the superintendent of streets." Further, "when the superintendent of streets finds that sidewalks or curbs have been constructed, or that their construction has been guaranteed to his satisfaction, in front of propert=ies constituting more than fifty percent (508) of the frontage in any block, or where a petition signed by the owners of more than sixty percent (608) of the front footage of the block has been filed with the city clerk requesting the installation of such improvements, or where a petition signed by the owners of more than sixty percent (60%) of the front footage of any part of an unimproved portion o- portions of a block has been filed with the city clerk requesting the installation of such improvements in front of said part, or whenever the legislative body of the city upon its own motion has ordered the installation of such improvements in front of said part, said superintendent of streets may, and upon the instructions of the legislative body of the city shall, notify the owner or person in possession of the property fronting on that portion of the street in such block in which no sidewalks or curbs have been constructed theretofore, to construct or cause to be constructed sidewalks or curbs in front of his property." . ._ .�o..:3-r 1-uxi"Y", _ .oxv_:�.�.: �':^ u-• E. ,....::ece.r.;:s.re�4F - ^� Page No. 2 0 This notice may personally to the owner property facing upon the notice shall specify the body will �;.. ;: rv­rl p T , property not be helm sooner than 5] either be mailed or delivered or the person in possession of the sidewalks to be constructed. The time and place when the legislative a •� 10 days after giving notice. If the public convenience and necessity :pguire the installation of such improvements in front of such part, the legislative body, by an affirmative vote of four -liths of its members, may overrule such objections and protests. However when a petition has been filed with the city clerk requesting the installation of such improvements, the legislative bo y may overrule such ob ect ons and protests by an a f rmative vote of a maiority of its members. The decision of the legislative body on all protests and objections which may be made, shall be final and conclusive. The notice shall particularly specify what work is required to be done, and how it is to be done, and what materials shall be used in the construction and shall further specify that if the construction is not commenced within 60 days after notice is given and diligently and without interruption prosecuted to completion, the superintendent of streets shall cause the construction to be done, and the cost of the same shall be a lien on the property. However, upon petition by all of the affected property owners, the 60 -day period may be waived and the superintendent of streets may immediately cause the construction to be done, and the cost of the same shall be a lien upon the property. The legislative body may adopt a resolution determining that bonds shall be issued and assessments collected and enforced. In such event, the notice shall also specify that bonds shall be issued to represent the security of the unpaid assessment, payable over a period of not to exceed 10 years and shall further recite a maximum rate of interest to be paid on the indebtedness which shall not exceed 7% a year, payable semi-annually. Upon the completion of the construction, the Superintendent of Streets shall cause notice of the cost of construction, and will set forth a time and place when the legislative body will hear and pass upon a report by the Superintendent of Streets of the cost of the construction, together with any objections or protests which may be raised by any property owner liable to be assessed for the cost of such construction and any other interested persons. This hearing shall be set no sooner than 10 days after giving notice. t. z Page No. 3 Upon the completion of the construction, the superintendent of streets shall prepare and file with the F legislative body a report specifying the work which has been t done, the cost of construction, a description of the real i property in t on - -o r ,. h LcL i ,;or h --as b. t assessment 'rtich Of P -A C til o.L p. levied to pay the cost thereof. Any such report may includ-J, work done in front of any number of parcels of property, whether contiguous to each other or not. Upon the day and hour fixed for the hearing the legislative body shall hear and pass upon the report of the superintendent of streets, together with any objections or protests which may be raised by any of the property owners liable to be assessed for such construction and any other interested persons. Thereupon the legislative body may make such revision, correction or modifications in the report as it may deem just, after which, by motion or resolution, the report as submitted, or as revised, corrected or modified, shall be confirmed. The cost of the construction may be assessed by the legislative body against the parcel of property fronting upon the sidewalks or curbs so constructed, and such cost so assessed, if not paid within five days after its confirmation by the legislative body, shall constitute a special assessment against that parcel of property, and shall be a lien on the property for the amount thereof from the time of recordation of the notice of lien, which lien shall continue until the assessment and all interest thereon is paid, or until it is discharged of record. An alternate method of collection of the amount of the lien, the legislative body, after confirmation of the report of the Superintendent of Streets may order the notice of lien be delivered to the County Auditor and the amount of the assessment shall be collected together with all other taxes thereon against the property. All laws applicable to the levy, collection and enforcement of city taxes and county taxes are applicable to special assessment taxes. The legislative body shall have the power, in its discretion, to determine that the payment of such assessments of fifty dollars ($50) or more may be made in annual. installments, in any event not to exceed 10, and that the -- payment of assessments so deferred shall bear interest on the h unpaid balance at a rate to e determined by the legislative body, not to exceed 7 percent per annum. Said interest shall begin to run on the 31st day after the confirmation of the assessments by the legislative body. All such determinations may be expressed by resolution of the legislative body at any time prior to the confirmation of the assessments. Page No. 4 If bonds are to be issued to represent the security of the unpaid assessments, upon confirmation of the report by the legislative body, the Superintendent of Streets shall give notice to pay by mail and by publication. The period for payment in cash shall be 30 days follo;,iing the can f3.r�:, ' the report. I3pon of such Superintendent of Streets shall file with the County a certificate giving notice that interest is payable at a rate to be fixed upon the sale of bonds, which rate shall not exceed 7% per annum. Such bonds may be issued and sold as the legislative body directs and may be dated at any time after the expiration of the cash payment period. ALICE M. REI CHE City Clerk UNDER THEY IMPRovEMENT ACT OF 1911 the duty to :.onstruct is defined as - when � XR�I4tS�3titRStx3tE�bcX�t�RX a) that strut has been improved by the constrvc�lon of sidewalks for total fs Yl' o -F �' h,J n b) a .petition signed by the _owners of more than 60t -of the front` fo6t'nc;, . . r.; of the block has been filed with the City clerk requesting the installation of such improvements c) a petition signed by the owners of more than 60% of the'front footage of any part of an unimproved portion or portions of a block has beer: filed with the City Clerk requesting the installation of such improvements in front of said property d) or when the legislative body of the city upon its own motion orders the installation of such improvements If anyone of the above actions occur, the superintendent of streets may, and upon the instructions of the legislative body of the City shall notify the owners of the unimproved property to construct or cause to constructed sidewalks in front of his property. e No sooner than. 10 days after receiving such notice, the legislative body- - will heat and pass on objections or protests. If such action was coemenced by receipt of a petition, a majority vote will over -rule protests, other- wise, it will take a 4/5th vote of the members of the Council. The notice shall specify what work is required and the fact that if ; construction is not coaamenced within 60 days after the notice is given, the superints.-Rent of streets shall cause the construction to be corse. Upon the completion of the construction, the Superintendent of Streets qd.) small cause notice of the cost of construction, which notice will set a time and place when the legislative body will hear and pass upon a report by the Superintendent of Streets of the cost of the construction, together:'__.. with any protests which may be raised by any property owner liable to bo: ' ...v assessed for the costs of such construction and any other interested pGxsun`s-'. The subject report, subject to amendment or modification by the logislative- body shall be confirmed. The cost of the constr•,:ction may be assessed b the legislative Y Y 9E body agais��:,�; the parcel of property fronting the sidewalks or curbs so constructed. the assessment is not paid within five days after its confirmation, it shat become a lien against the property. An alternate method of collection if for the legislative body to order the notice of :Lien he delivered to the County Auditor and the amount of the:=" -A assessment shall be collected together with all other taxes against this the property. Page No. 2 The legislative body shall have the power to determine that the payment of such assessments of $50.00 or more ,bay be made in annual installments, not to exceed 10, at an interest rate not to exceed 7% per annum. The Act also provides for issuance of bonds for these assessments.