ORDINANCE NO. THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS:

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1 ORDINANCE NO. An Ordinance of Intention to confirm the assessment and order the improvement of WILTON DRIVE AND RIDGEWOOD PLACE LIGHTING DISTRICT A'13-L pursuant to the Municipal Improvement Act of 1913 (Division 12 of the California Streets and Highways Code), Section to of the California Public Contract Code, Proposition 218 (Articles XIII C and XIII D of the California Constitution), Section of the California Government Code, Sections 6.1 to 6.15 of the Los Angeles Administrative Code, and the competitive bidding requirements of the City of Los Angeles and to determine that bonds shall be issued. THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS: Section 1. The public interest, convenience and necessity require, and it is the intention of the Council of the City of Los Angeles to order the following street lighting improvement be made: thirty-two ornamental street lights on: WILTON DRIVE between about 170 feet north of 2nd Street and Wilton Place; and on RIDGEWOOD PLACE between Wilton Drive and about 106 feet south of Beverly Boulevard. Sec. 2. All of this work and improvement shall be constructed in accordance with plan D and standard specifications referred to on the plan, all on file in the office of the City Engineer. The plan and specifications should be referred to for a full and detailed description of the work or improvement. Sec. 3. The Council hereby makes the assessable costs and expenses of the improvements, including incidental expenses, chargeable upon the district to be benefited. Sec. 4. The Council hereby determines and declares that the district, which receives special benefit from the improvements, and is to be assessed to pay the costs and expenses of the improvements, is described by Map A hereby approved by the City Council, and on file in the office of the City Clerk. The map shall govern for all details as to the extent of the assessment district. All public streets and ways, or portions thereof, within said district shall be omitted from the assessments to cover cost and expenses of the improvement. The City Clerk is hereby directed to file with the County Recorder within 15 days of the adoption of this ordinance, a copy of the assessment district map.

2 Sec. 5. That the proceedings for the improvements shall be conducted in accordance with the Municipal Improvement Act of 1913 (Division 12 of the California Streets and Highways Code), Proposition 218 (Articles XIII C and XIII D of the California Constitution), Section of the California Government Code, Los Angeles Administrative Code Sections 6.1 to 6.15, and the competitive bidding requirements of the City of Los Angeles. Sec. 6. The Board of Public Works shall prepare notices and ballots of the improvements to be mailed by the City Clerk to each property owner affected by the assessment and have the notices published in newspapers of general circulation and distributed in several areas of the City in the manner and form and within the time required by law. Sec. 7. The City Clerk shall conduct an assessment ballot proceeding for this lighting district, as required by Proposition 218 (Article XIII D of the California Constitution). Ballots shall be mailed with the hearing notices. The Clerk shall count, certify, and report the results to the Council. The Council shall not impose the proposed assessment if the count of the weighted "no" votes is greater than the weighted "yes" votes, and the proposed lighting system will then not be constructed. In tabulating the ballots, the ballots shall be weighted according to the proportional financial obligation of the affected property due to the improvement. Sec. 8. Serial bonds in registered form bearing interest at the rate of not to exceed nine percent per annum shall be issued under the provisions of the Improvement Act of 1911 to represent each assessment of $150 or more remaining unpaid for 30 days from the recordation date of the assessment. The serial bonds shall extend over a period ending not more than nine years from the second day of January next succeeding the next September 1st following their date. Payments on the principal of unpaid assessments and interest shall be made by property owners to the City Treasurer and the same shall be disbursed by her, all as provided in the "Improvement Act of 1911." The redemption provision of the bonds shall provide a premium of five percent of the un-matured principal. The bonds shall mature in accordance with the following schedule of number of years from the second of January following the first day of September after the bonds issue. Amount of Bond $ $ $ $ $ $ $ $ $1, and more Number of Years

3 The rate shall be the same for all bonds and shall provide that the interest rate bid shall be in multiples of 1/100 of one percent 1%. The principal and interest on the bonds shall be payable in lawful money of the United States at the treasury of the City of Los Angeles, State of California. Bonds shall be offered for sale and sold for cash only to the bidder whose bid, in the opinion of the City Council, will best serve the interests of owners of land included in the assessment district. The principal sum of the individual bonds will vary in amount. The aggregate principal amount of the bonds to be issued cannot and will not be determined until after the expiration of 30 days from the date of recording the assessment. Each bid must be made upon the bid letter furnished by the City of Los Angeles. Each bid shall be for the entire amount of the bonds to be issued at a single rate of interest, and any bid for less than all bonds to be issued or for varying rates of interest will be rejected. Any bid for less than par on the principal amount of the bonds must provide for an interest rate on the bonds at nine percent per annum. In case of tie bids, the awarding bidder will be determined by lot. A certified or cashier's check for $12,100 payable to the order of the City of Los Angeles, must accompany each bid as a guarantee that the bidder, if successful, will accept and pay for the bonds in accordance with the terms of the bid. The successful bidder's check shall remain in the hands of the Treasurer until all of the bonds are paid. The City will determine the lowest responsible bidder as soon as possible following the opening of bids, but not to exceed 30 days after the date for receipt of bids. The bid guarantee of an unsuccessful bidder will be returned upon the determination occurring. The successful bidder's bid guarantee shall be retained by the City as liquidated damages in the event the successful bidder does not pay for the bonds at delivery. However, the City may seek to recover additional damages from the failure to pay for the bonds if damages result. The City reserves the right to not issue the bonds until confirmation of assessment and ordering of the work. Therefore, even though the City selects a lowest responsible bidder, the City may thereafter decide not to go forward with the project and the contemplated bond issue. In that event, the bid guarantee will be returned and the City will have no other obligation to the successful bidder. The determination of whether to go forward or not to go forward with the project and bond sale will be made within 60 days of the date for receipt of bids, and if not so determined, at the end of the 60 days, it shall be deemed that the City has determined not to go forward with the project or with the bond sale. Sec. 9. The City Council shall hold 1 public hearing on the proposed improvement and assessment on MAY :5 at 10:00 a.m. in the Council Chamber on the third floor of City Hall, Room 340, 200 N. Spring Street, Los Angeles Any person objecting to their assessment may file a written protest or appeal 3

4 with the City Clerk at any time prior to the hearing by City Council. Any person may also present written or oral comments at the City Council hearing on this matter. The protest must contain a description of the property in which each signer owns an interest, sufficient to identify the property, and be delivered to the City Clerk, and no protests other than those presented within the time specified will be considered. Ballots are due to the City Clerk at any time prior to the close of the public hearing on the proposed improvement and assessment. The City Clerk's office shall prepare a report of the assessment ballot proceeding results to the City Council. Sec. 10. The estimated total cost of the proposed improvement is $406,400, which includes the estimated cost of construction, and the estimated amount of incidental and contingency expenses. The assessable portion of incidental expenses shall not exceed 60% of the assessable portion of the cost of construction. Sec. 11. The proposed improvement is hereby referred to the Director, Bureau of Street Lighting, and the Director is hereby directed to make and file with the City Clerk, an Engineer's report in writing. The presented and filed detailed Engineer's report is pursuant to the requirement of Article XIII D, Section 4(b) of the California Constitution. Sec. 12. In the event the work is not completed within the time limit specified in the contract or within such further time as may be extended, the City will deduct from the amount to be paid to the contractor, liquidated damages in the amount of $300 for each calendar day of delay until the delayed work is completed. Sec. 13. There is hereby created and established within the treasury of the City of Los Angeles an improvement fund for this project to be known as the "Fund for Improvement of the Wilton Drive and Ridgewood Place Lighting District." Sec. 14. That any surplus remaining from the assessment in the improvement fund after the completion of the improvement and the payment of all claims shall be used as a refund upon the assessment and any supplemental assessment, in the manner provided in Section of the California Streets and Highways Code. Sec. 15. The City Council hereby determines that the public interest will not be served by allowing the property owners to take the contract for the work to be done under these proceedings. 4

5 Sec. 16. The City Clerk shall certify to the passage of this ordinance and have it published in accordance with Council policy, either in a daily newspaper circulated in the City of Los Angeles or by posting for ten days in three public places in the City of Los Angeles: one copy on the bulletin board located at the Main Street entrance to the Los Angeles City Hall; one copy on the bulletin board located at the Main Street entrance to the Los Angeles City Hall East; and one copy on the bulletin board located at the Temple Street entrance to the Los Angeles County Hall of Records. I hereby certify that this ordinance was passed by the Council of the City of Los Angeles, at its meeting of.apr - ~ 20t3. APR & 9 '2013 Approved puty Mayor Approved as to Form and Legality CARMEN A. TRUTANICH, City Attorney Date: --~..O::.,li -"'---"-'-+i--- City Attorney ~-I~ -t~ Council File No (A'13-L ) 5

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