RESOLUTION NO. 97-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA DECLARING ITS INTENTION TO ORDER CERTAIN IMPROVEMENTS AND TO LEVY AND COLLECT ASSESSMENTS WITHIN THE HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 1997-1998 FOR THE FISCAL YEAR BEGINNING JULY 1, 1997 AND ENDING JUNE 30, 1998, AND APPOINTING A TIME AND PLACE FOR A PUBLIC HEARING IN RELATION THERETO

THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. The public interest and convenience require, and it is the intention of the City Council of the City of Hermosa Beach, California to order, certain improvements within an existing citywide assessment district for the fiscal year beginning July 1, 1997 and ending June 30, 1998, and to levy and collect assessments against properties within the assessment district for that fiscal year.

SECTION 2. The proposed improvements are the maintenance and servicing of streets and sidewalks within the assessment district, including the operation, maintenance and servicing of landscaping, lighting and appurtenant facilities located in and along such streets and sidewalks. The proposed improvements shall no longer include the operation, maintenance and servicing of park and recreational improvements, landscaping and appurtenant facilities not located within public street and sidewalk rights-of-way, parkways and medians.

SECTION 3. The assessment district is designated as the "Hermosa Beach Landscaping and Street Lighting District 1997-1998." The assessment district is comprised of all of the City of Hermosa Beach, as shown on the "MAP OF LANDSCAPING AND STREET LIGHTING DISTRICT 1997-1998" on file in the Office of the City Clerk.

SECTION 4. The assessments to be levied and collected against the assessable lots and parcels of land within the assessment district for fiscal year 1997-1998 are not proposed to increase from the assessments levied and collected in fiscal year 1996-1997.

SECTION 5. Reference is hereby made to the report prepared by the Assessment Engineer, Berryman & Henigar, entitled "Engineer's Report for Hermosa Beach Landscaping and Street Lighting District 1997-1998," on file in the Office of the City Clerk, for a full and detailed description of the improvements, the boundaries of the assessment district and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the assessment district.

SECTION 6. The improvements shall be provided pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 (Section 22500, et seq.) of the Streets and Highways Code of the State of California, and in accordance with plans and specifications on file in the office of the City Clerk.

SECTION 7. The assessment shall be levied and collected at the same time and in the same manner and with the same interest and penalties as general taxes of the City, which are collected for the City by the Los Angeles County Tax Collector.

SECTION 8. Public property owned by any public agency and in use in the performance of a public function which is included within the boundaries of the assessment district shall be exempt from the assessment to be made to cover the costs and expenses of the improvements.

SECTION 9. To expedite the making of the improvements, the City Council may transfer into the "Hermosa Beach Landscaping and Street Lighting District 1997-1998 Fund," out of any money in the General Fund, any sums as it shall deem necessary, and the sums so transferred shall be deemed a loan to such fund and shall be repaid in accordance with the Landscaping and Lighting Act of 1972.

SECTION 10. NOTICE IS HEREBY GIVEN that Tuesday, June 24, 1997, at the hour of 7:30 PM in the City Council Chamber, 1315 Valley Drive, Hermosa Beach, California, is appointed as the date, time and place for hearing protests to the question of approving and confirming the levy of the proposed assessment.

SECTION 11. The City Clerk is hereby authorized, designated and directed to give notice of the public hearing in the time, form and manner required by law.

SECTION 12. THE EASY READER, a weekly newspaper of general circulation circulated within the City, is hereby designated as the newspaper in which said notice shall be published.

SECTION 13. The City Council hereby determines and declares that the proposed assessments constitute a continuation of assessments existing on the effective date of Article XIIID of the California Constitution, that the assessments are imposed exclusively to finance maintenance and operation expenses for streets and sidewalks and that the assessments are exempt from the requirements of Article XIIID, Section 4 of the California Constitution.

SECTION 14. This Resolution shall take effect immediately. The City Clerk shall certify to the passage and adoption of this Resolution, shall cause the original of the same to

be entered among the original resolutions of the City Council, and shall make a minute of the passage and adoption thereof in the minutes of the City Council meeting at which the same is passed and adopted.

PASSED, APPROVED and ADOPTED this 29th day of May, 1997.