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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.
The form of warrant and recordation of the warrant, diagram and assessment, and priority of lien, shall all be as provided in the Improvement Act of 1911 in Sections 5371, 5372, 5373, and 5374 of the Streets and Highways Code.
After the warrant, assessment and diagram are recorded, the same shall be delivered to the contractor, or the contractor’s agents, or assigns, on demand, but not until after the payment to the Board of Public Works of the incidental expenses not previously paid by the contractor, the contractor’s agents, or assigns, including the amount by which the amount included in the assessment as the cost of any acquisition exceeds the amount previously demanded of the contractor therefor but with proper credit to the contractor in the event there was included in the assessment as the cost of any acquisition an amount less than the amount demanded of the contractor therefor at the time of the execution of the contract, pursuant to Section 6.193 of this article; provided, however, that said warrant shall not be delivered to said contractor, the contractor’s agents, or assigns, nor shall such contractor, the contractor’s agents, or assigns be entitled to receive payments of assessments by virtue of said warrant until after the expiration of thirty (30) days from the recordation thereof as provided for in Section 6.200 of this article.
The amount of any contribution provided for by the Council as a contribution toward the assessment shall be paid by the City to the contractor, or the contractor’s agent, or assigns, upon delivery of the warranty, assessment and diagram.
SECTION HISTORY
Based on Ord. No. 126,186.
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