TITLE
Recommendation to adopt resolution determining all unpaid assessments for the City’s Assessment District No. 08-01 (The Toledo Utility Undergrounding); and
DISCUSSION
The owners of property along The Toledo between Second Street and the Geneva Walkway requested that the City establish an assessment district to finance the costs of undergrounding overhead electrical, telephone and cable facilities. In response, on September 23, 2008, the City Council adopted RES-08-116 expressing the intention of the City Council to establish City of Long Beach Assessment District No. 08-01 (the "Assessment District"). On November 11, 2008, after conducting a public hearing regarding the Assessment District, an election was held wherein 76 percent of the ballots cast by the owners of the property to be assessed (weighted by the amounts of the proposed assessments on their respective properties) voted in favor of the Assessment District.
On December 16, 2008, the City Council adopted RES-08-0158 overruling protests against the Assessment District and determining the results of the election, and adopted RES-080159 confirming the assessments and ordering the improvements for the Assessment District. On December 22, 2008, the City Clerk recorded, in the County Recorder's Office, a Notice of Assessment against each of the parcels in the Assessment District.
The Conservator for the estate of one of the property owners filed an action in Superior Court seeking to invalidate the City's approval of the Assessment District and the assessment levied. On August 31,2009, a judgment was rendered in favor of the City. As no appeal was filed, the Court order now is final. Following the court action, the City worked with the utility companies (Southern California Edison, Verizon Telephone and Charter Cable) to finalize Plans and Specifications for the installation of conduit and other civil structures for bidding purposes, and distributed a Request for Proposals (RFP) for construction bi...
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