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At any time after the expiration of twelve months from the date of sale, the Board of Public Works must execute to the purchaser, or the purchaser’s assignee on the purchaser’s application if such purchaser or assignee has complied with the provisions of this section, a deed of the property sold, in which shall be recited substantially the matters contained in the certificate, also any assignment thereof and the fact that no person has redeemed the property. The Board of Public Works shall receive from the applicant one dollar for making such deed, unless the City is the purchaser, in which case no charge shall be made therefor. The purchaser or the purchaser’s assignee, must, at least thirty days before the purchaser or assignee applies for a deed, serve upon the owner of the property, and upon the occupant of such property, if the same is occupied, a written notice setting forth a description of the property, stating that said property has been sold for a delinquent assessment; specifying the improvement for which the same was made, the amount for which the delinquent property was sold, the amount necessary to redeem at the time of giving notice, and the time when such purchaser or the purchaser’s assignee will apply to the Board of Public Works for a deed. If said owner cannot be found, after due diligence, said notice must be posted in a conspicuous place upon said property at least thirty days before the time stated therein at which the application for a deed will be made. The person applying for a deed must file with the Board of Public Works an affidavit or affidavits showing that such notice of such application has been given or posted as herein required, and if the notice was not personally served on the owner of the property, that due diligence was used to find said owner before such posting; and such affidavit or affidavits must be filed in the office of the Board of Public Works. If redemption of the property is made after affidavits are filed, the person making such redemption must pay, in addition to the other amounts required, three dollars for the service of notice and the making of such affidavits, which amount shall be paid over to the purchaser or the purchaser’s assignee in the same manner as other sums paid for redemption. No deed for any property sold for delinquent assessment shall be made until the purchaser or the purchaser’s assignee has complied with all the provisions of this section, and filed the proper affidavits with the Board of Public Works.
SECTION HISTORY
Based on Ord. No. 89,450.
The funds collected by the Board of Public Works under the proceedings herein provided for, shall be paid by said Board of Public Works, as fast as collected, to the City Treasurer, who shall place the same in a special fund, as designated by the City Controller, and payment shall be made, out of such special fund only for the purpose provided for in this article. To expedite the making of any such improvement the City Council may at any time, transfer into said special fund, out of any money in the General Fund, such sums as it may deem necessary, and the sums so transferred shall be deemed as a loan to such special fund, and shall be repaid out of the proceeds of the assessments provided for in this article.
If for any reason there shall be a deficiency in the funds derived from the assessment for any improvement under this article, including all incidental expenses thereof, the City Council may meet such deficiency by appropriation out of the General Fund or by ordering a supplemental assessment in the same manner and as nearly as may be as the preceding assessment except that protests may only be made against such supplemental assessment. Any unexpended balance remaining in the special fund provided for in Section 6.237 hereof, at the expiration of the period specified in the Ordinance of Intention, shall be credited to the fund to be raised for the next ensuing period of the improvement. Whenever the City Council, in its discretion, does not reorder the said improvement to be made, any such unexpended balance may be retained in such fund to be used by the Department of Public Works to defray the costs and expenses of maintaining such trees until such unexpended balance is exhausted.
SECTION HISTORY
Based on Ord. No. 89,450.
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 article.
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 original contractor and the original contractor’s sureties responsible for such cost and expense, and for any damages resulting from such abandonment or failure upon the original 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 trees and materials 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 6.225 of this article, 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 6.237 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 trees and materials necessary therefor; in which case the cost and expense of such work shall be paid out of the aforesaid funds and if such cost 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 6.237 hereof.
SECTION HISTORY
Based on Ord. No. 89,450.
Amended by: 1st Para., Ord. No. 181,595, Eff. 4-10-11.
In lieu of any other procedure provided herein, the City Council in its Ordinance of Intention or in the ordinance directing the work to be done, may direct the Board of Public Works, instead of calling for bids and entering into a contract as above provided, to furnish trees and maintain the same during the period specified in the Ordinance of Intention; and said Board of Public Works may, instead of entering into a contract as above provided, issue an interdepartmental purchase order for the furnishing of said trees and the maintenance thereof in said streets upon such terms as may be agreed upon between said Board and the Board of Recreation and Parks Commissioners; provided, however, that such agreement must be approved by a majority vote of the City Council. A separate interdepartmental purchase order shall be placed for each tree planting or tree maintenance improvement. Each such order shall state the date on which said 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.
SECTION HISTORY
Based on Ord. No. 89,450.
The City Council hereby declares that it is the intention in adopting this procedural ordinance to exercise and make use of the power and authority granted and conferred upon it by the City Charter and declares 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 article shall be expressed in this Ordinance of Intention of the improvement to be made.
SECTION HISTORY
Based on Ord. No. 89,450.
The provisions of this article shall be liberally construed to promote the objects thereof, if any section, sentence, clause or phrase of this article is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions of this article shall not be affected thereby, it being the intent of the Council of the City of Los Angeles in adopting and of the Mayor in approving this article, that no portion thereof nor provision contained therein shall become inoperative or fail by reason of any unconstitutionality or invalidity of any other portion or provisions.
SECTION HISTORY
Based on Ord. No. 89,450.
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