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Any person interested whose property is to be assessed to pay the, costs and expenses of the proposed work, except those owners who have waived the hearing of objections as provided in Section 6.182, may, at the time fixed in the Ordinance of Intention for hearing of objections to the proposed work, appear before the Council and make objections to the proposed contour or grade or proposed modification of contour or grade. A failure to make objections at that time shall be deemed to be a waiver of all objections to the proposed contour or grade or proposed change or modification of contour or grade and shall operate as a bar to any claim for damages or any subsequent action looking to the prevention of the work or the recovery of damages on account of the performance of the work to such contour or grade, or changed contour or grade.
SECTION HISTORY
Based on Ord. No. 126,186.
If no protests or objections in writing have been delivered to the Clerk up to the hour set for the hearing thereon, or if protests have been found by the Council to be insufficient, or have been overruled, or have been heard and denied, immediately thereupon the Council shall acquire jurisdiction to order the proposed work or work and acquisition to be done. If the hearing of objections is not required, immediately upon the passage of the Ordinance of Intention the Council shall acquire jurisdiction to order the proposed work or work and acquisition to be done. Having acquired such jurisdiction and if it decides to proceed with the acquisition or improvement, the Council shall adopt an ordinance ordering such work or work and acquisition to be done, which ordinance shall be referred to herein as the Final Ordinance.
SECTION HISTORY
Based on Ord. No. 126,186
Within five (5) days after the publication of the Final Ordinance the City Engineer shall mail, postage prepaid, to the owners of lots or lands liable to be assessed who have waived the hearing of objections as provided in Section 6.182 of this article, a postal card containing a notice in substantially the following form:
[ASSESSMENT HEARING NOTICE RE LAND STABILIZATION]
You are hereby notified that the Council of the City of Los Angeles, has adopted an ordinance ordering the work or acquisition or improvement of ________________. You are referred to said Ordinance No.____ for further particulars. Property belonging to you is proposed to be assessed for this acquisition or improvement in the estimated amount of $______ Assessment No _______.
________________________
City Engineer
The City Engineer shall upon completion of said notice, file with the Council an affidavit setting forth the time and manner of compliance with the requirements of this section. The failure of the City Engineer to mail such notice or the failure of any person to receive the same shall not affect in any way whatsoever the validity of any proceeding taken under this article.
SECTION HISTORY
Based on Ord. No. 126,186.
Amended by: Ord. No. 181,595, Eff. 4-10-11.
Insofar as applicable the provisions of the Improvement Act of 1911 in Sections 5230 to 5235, inclusive, in Chapter 8.5 of Part 3 of Division 7 of the Streets and Highways Code, relating to change of work, boundaries of Assessment District or proceedings, shall govern and control change of work, boundaries of the Assessment District and proceedings therefor.
SECTION HISTORY
Based on Ord. No. 126,186.
Notice inviting sealed proposals or bids for doing the work described in the Ordinance of Intention shall refer to the specifications on file, shall state the estimated cost of any acquisition which may be required to be advanced as a part of incidental expenses referred to in Section 6.193 of this article at the time of entering into the contract.
SECTION HISTORY
Based on Ord. No. 126,186.
Before being entitled to the contract, the bidder to whom the award was made, must advance to the Board of Public Works, in the event it so requires, all incidental expenses, including the estimated cost of any acquisition expenses, incurred up to the time of entering into the contract, but limited to the amount specified in the Notice Inviting Bids. All other acquisition costs shall be payable at the time of the delivery to the contractor or the contractor’s agent, or assigns, of the warrant, assessment and diagram as provided in Section 6.197 of this article.
SECTION HISTORY
Based on Ord. No. 126,186.
The Council in its Ordinance of Intention or in the Final Ordinance ordering the work to be done may direct the Board of Public Works to let a contract for the making of said improvements. Such contract shall be let to the lowest regular responsible bidder, provided, however, that the Board shall not award any such contract for an amount in excess of one-tenth above the total estimated cost of the improvement (including the incidental expenses) as shown upon the proposed Assessment Roll, unless by order of the Council the amount of such excess is to be paid from funds designated and made available for that purpose.
If no bids are received or if all bids are rejected, the Board may re-advertise for bids at any time and such delay shall in no way affect the validity of any of the proceedings or assessments levied thereunder.
SECTION HISTORY
Based on Ord. No. 126,186.
Before ordering any work to be done under this article the Council shall require, except as provided hereunder, the City Engineer to furnish it with plans and specifications therefor together with careful estimates of the costs and expenses of such work.
The owner or owners of lots or lands liable to be assessed for work may engage a registered civil engineer, registered pursuant to Chapter 7, Division 3 of the Business and Professions Code, to prepare the plans for any work to be done under this article. The Council may purchase said plans for use in proceedings under this article and may establish rules, regulations and procedures to be followed by registered civil engineers engaged by owners in preparing plans, submitting them to and obtaining their approval by the City Engineer, and for the time, manner and determination of the amount to be paid for such plans; provided, however, that the amount paid for plans shall not exceed eight percent (8%) of the City Engineer’s estimate of the cost of work shown on the plans and that no payment shall be made for any plans which have not been approved by the City Engineer. The amount paid for any plans and any fee required to be paid pursuant to the aforesaid rules and regulations may be paid out of the City Treasury and shall be charged against the District as an incidental expense.
SECTION HISTORY
Based on Ord. No. 126,186.
The preparation of the Assessment Diagram and the estimated Assessment benefits to be received by the parcels or land within the Assessment District, the making of the assessment and its contents, and filing of the map or diagram and Assessment Roll, shall be made and notice thereof shall be given and appeals to the Council and confirmation of the assessment shall be made and done, so far as applicable, all in accordance with the procedure therefor provided in the Improvement Act of 1911 in Sections 5341, 5342, 5343, 5360, 5360.3, 5361, 5362, 5363, 5365, 5366, 5367, 5368, 5369, and 5585 of the Streets and Highways Code.
SECTION HISTORY
Based on Ord. No. 126,186.
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