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Before ordering any improvement to be made which is authorized by Section 6.223, of this article, the City Council shall adopt an ordinance declaring its intention to do so, briefly describing the proposed improvement and containing a description of the District to be benefited thereby and to be assessed to pay the cost and expenses thereof, and to be known as the Assessment District. Such District may be described by stating the exterior boundaries thereof, or by referring to the diagram provided for in Section 6.225 thereof. The City Council, in its discretion, may order, in said Ordinance of Intention, that a portion of said costs and expenses shall be paid out of the City Treasury from such fund as the City Council may designate, the amount of which shall be specified in said Ordinance of Intention. The City Council shall, in said Ordinance of Intention, provide that the planting of said trees and the maintenance thereof shall be for a period stated in said Ordinance of Intention but not exceeding five years. Said ordinance shall also contain those matters required by Section 6.226 of this article.
SECTION HISTORY
Based on Ord. No. 89,450.
Before adopting such Ordinance of Intention, the City Council shall order the Board of Public Works to make and file with the City Clerk a report in writing, presenting the following:
(a) Plans and specifications of the proposed improvement and an estimate of the cost and expenses of said improvement; which plans, specifications and estimate shall be prepared by the Board of Public Works for inclusion in said report; a diagram or map showing:
(1) The boundaries of the District proposed to be assessed and the public streets, or other public ways therein, in, or along which such improvement is to be made;
(2) each lot, piece, or parcel of land benefited by such improvement, each of which shall be given a separate number in red ink or other distinctive color upon said diagram. The said diagram, as approved by the City Council shall govern in all details as to the lots, pieces or parcels of land determined to be benefited by said improvement.
(b) A proposed assessment of the total amount of the estimated costs and expenses of the proposed improvement upon the several lots, pieces or parcels of land shown on the diagram referred to above, in proportion to the estimated benefits to be received by each such lot, piece or parcel of land, respectively; provided, that whenever any portion of the costs and expenses of such improvement is ordered to be paid out of the City Treasury, as hereinabove provided, the amount of such portion shall first be deducted from the total estimated costs and expenses of such improvement and the assessment proposed in said report shall include only the remainder of said costs and expenses. Said assessment shall refer to such lots, pieces or parcels of land upon said diagram by the respective number thereon.
Whenever any lot, piece or parcel of land belonging to the United States, or to the State of California, or to the County of Los Angeles, or to the City of Los Angeles, or to any public agent, mandatory of the government, whether federal, state, county or municipal, and being used in the performance of any public governmental function shall front upon the work to be done hereunder or shall be included within the District declared by the City Council in the Ordinance of Intention to be the District benefited thereby and to be assessed to pay the costs and expenses thereof the City Council may, in said Ordinance of Intention, declare that said lots, pieces or parcels of land, or any of them, so owned and in use shall be omitted from the assessment thereafter to be made to cover the costs and expenses of said work and improvement. In the event that said lots, pieces or parcels of land, or any of them, shall by said Ordinance of Intention, be omitted from the assessment, then the total expense of all work to be done shall be assessed upon the remaining lots, pieces or parcels of land lying within the limits of the Assessment District, without regard to such omitted lots, pieces or parcels of land. In the event that the City Council shall, in such Ordinance of Intention, declare that said lots, pieces or parcels of land so owned as aforesaid, or any of them, shall be included in the assessment, or in the event that no declaration is made respecting such lots, pieces or parcels of land, or any of them, then the City shall be liable for such sum or sums as may thereafter be assessed against any such lots, pieces or parcels of land so owned and used, and so included in the assessment by reason of the aforesaid declaration, or such lots, pieces or parcels of land so owned and used respecting which the Ordinance of Intention makes no declaration, which shall be payable by the City out of such fund as the City Council may designate; provided, however, that any sum or sums which may be assessed against any such lots, pieces or parcels of land so owned and used, shall not be payable by the City when such sum or sums are paid by the owner of or the governing body controlling such lots, pieces or parcels of land.
Plans and specifications shall be deemed sufficient with respect to the location, number, kind, or type of trees to be planted and maintained, if such plans and specifications show and describe the approximate location of such trees.
SECTION HISTORY
Based on Ord. No. 89,450.
Upon the filing of said report, the City Clerk shall present the same to the City Council for consideration, and the City Council may approve, correct or modify the same in any respect; and shall fix a time and place when and where protests relative to the proposed improvement and report will be heard by the Council. In case of such correction or modification, the report as corrected or modified shall be the report for all subsequent proceedings. When said report has been approved, or approved as modified and corrected, immediately thereupon the City Council shall be deemed to have acquired jurisdiction to adopt an Ordinance of Intention. Said Ordinance of Intention in addition to the matters required in Section 6.224, shall refer to the report of the Board of Public Works on file in the office of the City Clerk, and shall contain also a notice of the time and place when and where protests relative to the proposed improvement will be heard by the City Council as the time said report of the Board of Public Works, as provided for in Section 6.225 of this article, was before the City Council for consideration, and be not less than twenty (20) days from the adoption of the Ordinance of Intention, and shall also direct the City Clerk to publish said Ordinance of Intention by one insertion in a daily newspaper printed and published in the City of Los Angeles and designated by the City Council for that purpose.
SECTION HISTORY
Based on Ord. No. 89,450.
After the adoption of the Ordinance of Intention, the Board of Public Works shall cause to be conspicuously posted along the line of the proposed improvement, at not more than three hundred feet apart, but at not less than three places in all, notices of the adoption of said Ordinance of Intention. In every case all posting must be completed at least fifteen days before the day set for hearing protests as provided for in Section 6.226, hereof. Said notices shall be headed, “Notice of Street Tree Maintenance,” in letters of not less than one inch in length; and shall, in legible characters state the fact of the adoption of the Ordinance of Intention, its date and briefly describe the proposed improvement and refer to the Ordinance of Intention for further particulars. Said Board shall also cause a notice, similar in substance, to be published by two successive insertions in a daily or weekly newspaper of general circulation, printed and published in the City and designated by the City Council for that purpose. Said notices shall contain also a statement of the time and place when and where protests relative to the proposed improvement will be heard by the City Council. Whenever the proposed improvement includes the planting of trees, said notices shall be headed “Notice of Street Tree Planting and Maintenance.” No proceeding shall ever be held invalid for failure to comply herewith, if these provisions have been substantially complied with.
SECTION HISTORY
Based on Ord. No. 89,450.
At any time prior to the day set for hearing protests in relation to the proposed improvement, as hereinbefore provided, any person interested and affected by the proposed assessment may file a written protest stating the person’s objections thereto, with the City Clerk. Such protests must contain a description of the property in which each signer thereof is interested, sufficient to identify the same, and be delivered to the City Clerk, and no other protests than those presented in the form and within the time specified shall be considered. The City Clerk shall endorse on every such protest the date of its reception by the City Clerk, and shall, at the time appointed for said hearing, present the same to the City Council. The City Council shall hear and consider said protests at the time appointed therefor, as above provided, or at any time to which the hearings thereof may be continued, and pass upon the same, and may confirm, correct or modify said assessment as may be necessary in its judgment to the end that the costs thereof may be properly and justly charged against the property benefited in accordance with said benefit and its decision shall be final and conclusive. If such protests are sustained, the proceedings shall be abandoned but may be renewed any time. If such protests are denied, or in case no protests have been filed, the proposed assessment shall be confirmed and the City Council shall be deemed to have acquired jurisdiction to further proceed in accordance with the provisions of this article. Thereafter the City Council shall, by ordinance, order the proposed improvement to be made and declare its confirmation of the said assessment, which ordinance shall be final and conclusive on all persons in all particulars and the assessment shall thereafter be levied upon the lots, pieces or parcels of land within the Assessment District, as provided in Section 6.231.
SECTION HISTORY
Based on Ord. No. 89,450.
The validity of any assessment levied under the provisions of this article shall not be contested in any action or proceeding unless the same is commenced within thirty days after the time said assessment is levied, and any appeal from a final judgment in such action or proceeding must be perfected within thirty days after the entry of such judgment.
SECTION HISTORY
Based on Ord. No. 89,450.
Upon the confirmation of such assessment as provided for in Section 6.228 hereof, the City Clerk shall transmit the diagram and assessment upon which the levy is based to the Board of Public Works.
SECTION HISTORY
Based on Ord. No. 89,450.
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