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Whenever the public interest, convenience and necessity requires the removal of any lighting system, due to the fact that such system has become obsolete and has deteriorated to the extent that the same cannot be safely and economically used for street lighting purposes, the City Council may order the removal thereof and the sale of any equipment and materials which may be salvaged therefrom. The proceeds from such sale of salvaged equipment and materials shall be credited to such lighting district fund, and any unexpended balance remaining therein, upon demands therefor made upon the City Council within six months from and after the date of such order to remove such lighting system, shall be repaid, pro rata, to the owners of the property which was last assessed to pay the costs of lighting and maintaining such lighting system. Any unexpended balance remaining in such lighting district fund and not demanded within said period of six months, as herein provided, shall be placed in such fund as the City Council may order. Provided, however, that whenever any assessments have become delinquent under the provisions of this chapter, then such pro rata portion of such unexpended balance shall be retained by the City Treasurer until such delinquent assessments are paid. Provided, further, however, that if such unexpended balance and the proceeds from such sale of salvaged equipment and material be insufficient to cover the costs of such removal, the City Council may order that a sufficient amount be paid out of the City Treasury to meet such costs from such fund as it may designate.
SECTION HISTORY
Based on Ord. No. 75,000.
Amended by: Ord. No. 87,331.
At any time after the confirmation of the assessment the City Council may let the contract or contracts for such improvement. Every such contract shall be let to the lowest bidder, after notice published by two insertions in a daily or weekly newspaper published and circulated in the City of Los Angeles. Every bid shall be accompanied by a certified check amounting to ten per cent of the bid, payable to the order of the City and the same shall be forfeited to the City in case the bidder depositing the same does not within fifteen days after the notice that the contract has been awarded to the bidder, enter into a contract with the City for the work, the faithful performance of which shall be secured by an undertaking in such sums as the City Council shall require, with sureties satisfactory to said Council. The contract must provide that the improvement shall comply and the improvement must comply strictly with the plans and specifications contained in the report provided for in this chapter.
Performance of any contract hereunder shall be under the supervision of the Board of Public Works and no work, material or supplies shall be paid for until it has been accepted by said Board.
If the contractor abandons the improvement, or fails to proceed with the same as rapidly or in the manner as required by the contractor’s contract, the City Council may re-let the work in the same manner as in the case of the first letting thereof, and retain the amount of the cost of the same and of any expense incidental to the re-letting out of any funds due or to become due to the original contractor, and also hold the contractor and the contractor’s sureties responsible for such cost and expense, and for any damages resulting from such abandonment or failure upon the contractor’s bond; provided, however, that the City Council in its discretion, at any time within ten days after the award of any contract as above provided, or at any time within ten days after the time fixed for the opening of bids, if no bids have been received, order by resolution adopted by a vote of two-thirds of all its members, that the said proposed contract be not made, and that the municipality itself execute the work embraced therein, in accordance with the plans and specifications adopted for such work, and employ the labor, and provide the material, appliances, supplies and/or electric current necessary therefor, and the cost and expenses of such work shall be paid out of the aforesaid funds; and provided further, that the amount appropriated and used from said funds for said purpose shall not exceed the amount of the bid upon which the award of contract aforesaid was made, or, if no bids have been received and the work is to be executed by the City itself, as herein provided, such cost and expense shall not exceed the amount of the estimate thereof provided for in Section 6.98 of this chapter, and if such cost and expense shall exceed the amount of said bid, or of said estimate in case no bids are received, then such excess shall be met out of any moneys in the General Fund in the City Treasury; or by supplemental assessment as provided for in Section 6.18 hereof; and provided, further, that at any time after the funds for the proposed improvement, or any part thereof, shall be in the hands of the City Treasurer, the City Council, in its discretion may, without calling for bids, order by resolution adopted by a vote of two-thirds of all its members, that the municipality itself perform the work of such improvements, or the respective parts thereof, in accordance with the specifications and plans adopted for such work, and employ the labor, and provide the material, appliances, supplies and/or electric current necessary therefor; in which case the cost and expense of such work shall be paid out of the aforesaid funds and if such costs and expense shall exceed the amount of such estimates, then such excess shall be met out of any moneys in the General Fund of said Treasury or by supplemental assessment as provided for in Section 6.118 thereof.
In lieu of any other procedure provided herein the Council may direct, in the Ordinance of Intention or the ordinance ordering the improvement to be made, that the Board of Public Works shall furnish or contract for such improvement or any part thereof.
SECTION HISTORY
Based on Ord. No. 75,000.
Amended by: Ord. No. 78,089 except Para. 4; Ord. No. 132,478; 1st Para., Ord. No. 181,595, Eff. 4-10-11.
Where the Board of Public Works is directed to furnish such improvement or any part thereof as authorized by Section 6.121 said Board may thereafter issue to the Board of Water and Power Commissioners an interdepartmental purchase order for such improvement or improvements so ordered, or such portions thereof, as may be obtained from the Department of Water and Power upon such terms as may be agreed upon by the said Boards and approved by the Council, or in accordance with terms, conditions and rates duly prescribed in an ordinance of the City fixing rates for such service. Every such interdepartmental purchase order shall state the date on which each improvement shall be started and it shall continue in force thereafter for the period specified in the Ordinance of Intention; provided, however, that any such interdepartmental purchase order may run to the end of the next fiscal year and be renewed at that time for the balance of the period upon the same rates, terms and conditions as the original.
If the improvement so ordered, or any portion thereof, cannot be obtained from the Department of Water and Power and is available from any public utility, then in that event the Board of Public Works may purchase, by purchase order, such improvement or any portion thereof from such public utility in accordance with terms, conditions and rates prescribed and approved for such service by the California Public Utilities Commission.
SECTION HISTORY
Based on Ord. No. 75,000.
Amended by: Ord. No. 132,478.
Whenever the City Council has acquired jurisdiction to order two or more improvements, as provided for herein, it may, instead of adopting a separate ordinance ordering the work to be done for each proceeding, including any number of proceedings in one ordinance directing such work to be done; provided, however, that such ordinance shall include a reference to each Ordinance of Intention, its number, and the name of each such district as designated in the respective Ordinance of Intention.
SECTION HISTORY
Based on Ord. No. 75,000.
Amended by: Ord. No. 86,792.
Notwithstanding the validity of any penalty of 10 per cent of the amount payable and delinquent on any assessment or installment, heretofore or hereafter added thereto for delinquency as provided in this chapter, the City Engineer of the City shall have authority prior to sale of the property for delinquency and upon the payment of the balance due and payable on the assessment or installment without such penalty, to waive the payment of and to cancel such penalty under the following conditions:
The said City Engineer shall be reasonably satisfied from investigation of the facts that error or delay in the work of City employees in connection with the computation, entering, posting or copying the records or accounts, or the preparation or mailing of bills or invoices was direct and principal cause for failure of the property owner or agent to receive the property owner’s or agent’s correct bill or invoice in reasonable time and that if such bill or invoice had been so received the owner or agent would have paid the necessary amounts before delinquency.
Whenever a penalty is waived and cancelled as herein authorized a statement thereof and of circumstances warranting the same shall be kept in the office of the Bureau of Engineering, and the fact of cancellation, with a reference to the statement, shall be marked on the records of the assessment or of the bill or invoice for payment for the delinquency of which the penalty was added.
After the thirtieth of June each year the said City Engineer shall certify to the Board of Public Works the total number and amount of such waived and cancelled penalties during the fiscal year ending on that date; that each waiver and cancellation has been investigated and is authorized by this section; and, particularly, the option that the penalty in each case was added for a delinquency which resulted directly and principally from error or delay in the work of City employee.
SECTION HISTORY
Based on Ord. No. 75,000.
Amended by: Ord. No. 108,312; Ord. No. 149,941,* Eff. 8-15-77.
The City Council hereby declares that it is its intention in adopting this procedural chapter to exercise and make use of the power and authority granted and conferred upon it by the City Charter and declare that this procedure shall be additional or alternative to any procedure established by State law. The election of the City Council to proceed under the provisions of this chapter shall be expressed in the Ordinance of Intention of the improvement to be made.
SECTION HISTORY
Based on Ord. No. 75,000.
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