R-7341
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RESOLUTION NUMBER 7341 (CCSJ
(CITY COUNCIL SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONicA SETTING A HEARING FOR THE PURPOSE OF DETERMINING
WHETHER OR NOT THE PUBLIC CONVENIENCE AND NECESSITY
REQUIRE THE CONSTRUCTION OF CONCRETE GUTTERS AND STREET
RESURFACING AND APPURTENANT WORK ON VARIOUS CITY STREETS
AS SHOWN ON CITY DRAWING NO. 5641 IN THE CITY OF SANTA
MONICA
WHEREAS, the City Council of the city of Santa Monica
proposes to initiate proceedings under the Improvement Act of
1911 for the construction of concrete gutters and street
resurfacing; and
WHEREAS, section 19 of Article XVI of the California
constitution provides that certain specified debt limitation and
majority protest provisions shall not apply if, after the giving
of such reasonable notice by publication and posting and the
holding of such public hearing as the city Council of the city of
Santa Monica shall have prescribed, the City Council by no less
than four-fifths vote of all members thereof, finds and
determines that the public convenience and necessity require the
proposed imp~ovement to be made; and
WHEREAS, streets and Highways Code Section 2804 provides
~hat the "special Assessment, Investigation, Limitation and
Majority Protest Act of 1931" shall not apply to any proceeding
otherwise SUbject thereto when said improvement proceeding is by
a charter city and said city has complied with the provisions of
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section 19 of Article XVI of the California Constitution; and
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WHEREAS, the City of Santa Monica is a charter city of
~he state of California,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
,
MONICA DOES RESOLVE AS FOLLOWS:
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SECTION 1. The city council proposes to initiate
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pJ;oqeedinge: for the installation of concrete gutters, street
resurfacing and appurtenant work on the commercial and industrial
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portions of the streets shown on city Drawing No. 5641 and which
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include:
7th Street - Wilshire to San vicente
22nd Street - Michigan to Pennsylvania
Princeton street - Santa Monica Blvd. to Wilshire Blvd.
Yale Street - Santa Monica Blvd. to Wilshire Blvd.
18th street - Wilshire Blvd. to Montana Avenue
SECTION 2.
The total estimated cost of the proposed
improvement is $40,000.
SECTION 3.
Improvements shall be conducted under the
Improvement Act of 1911, which is Division 7 of the streets and
Highways Code of the State of California.
SECTION 4.
The proposed work or improvement in the
opinion of City council of the City of Santa Monica is of more
tha~ Ioca! pr ordinary public benefit, and the City Council
hereby proposes that commercial, industrial or manufacturing
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property owners in the district in the City of Santa Monica to be
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benefi tted by said work or improvement to be assessed to pay
approximatel~ $9.50 per lineal foot for gutters and approximately
$7. qo per Itnea1 foot for street resurfacing of the cost and
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expense thereof, is shown upon a certain map indicating the
exterior boundary thereof, which said Drawing No. 5641 is on file
in the Office of the City Engineer. The map hereby is referred
to and shall govern for all details as to the extent of said
assessment district. The assessment district includes in general
the lots and parcels described in Section 1 above but reference
hereby is made to said Drawing for all details as to the extent
of said assessment district and for any variation between the
last mentioned general description and the extent of said
assessment district as shown on said map.
SECTION 5.
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No bonds will be
issued for the
aforementioned assessment district.
SEC~ION 6. Notice is hereby given that on Tuesday, the
13th day of January, 1987, at 7:30 P.M., in the Council Chambers
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located in the city Hall, 1685 Main street, Santa Monica,
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C~I!~or!1i~, there shall be a public hearing before said City
Counc~l for the purpose of determining whether the public
conye~ienc~ ~nd necessity require the above described improvement
and tor ~e purpose of allowing any and all persons having any
objections to the proposed work or improvement to appear and show
cause why the said proposed work or improvement should not be
carried out in accordance with said Resolution of Intention.
Inquiries concerning this publ io hearing should be directed to
the Department of General Services at 458-8221.
SECTION 7.
The city Clerk shall give notice of the
hearing by posting a copy of this resolution in the manner
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described by streets and Highways Code section 5065 and by
publication as hereinafter provided. Any person interested may
make protest against the proposed improvement in writing filed
with the City Clerk at any time not later than the hour set for
the hearin~ in the manner provided by streets and Highway Code
sec~ion 52~0;
SECTION 8. The Superintendent of streets shall cause to
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be conspicou~ly posted along the line of said contemplated work
or ~mprovement and also along all the open streets within the
saiq dist~ict, notice of the passage of this Resolution of
Intention in the manner and form prescribed by law.
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The City Clerk hereby is directed to mail notices, in
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the ~an~e~ and form prescribed by law, of the adoption of this
resolution ~o all persons owning commercial, industrial or
manufacturing real property in the hereinbefore described
assessment district, whose names and addresses appear on the last
equalized assessment roll for the City taxes or as known to the
City Clerk.
SECTION 9. The City Clerk hereby is directed to publish
this resolution in the Evening Outlook on two successive dates,
the first publication is to be made not less than fifteen days
prior to the date of the above public hearing.
SECTION 10.
Pursuant to Publ ic Contract Code Section
20433, the City council hereby states that the property owners
may not contract for the improvements and that the City shall be
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responsible for letting and administering the construction
contract for this district.
SECTION 11.
The City Clerk shall certify to the
adoption of this resolution and thereafter the same shall be in
full force and effect.
APPROVED AS TO FORM:
~~4h-O
City Attorney
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Adopted and appr
Resolution No. 7341(CCS)
I hereby certify that th
was duly adopted by the City council of the City of Santa Monica
at a meeting thereof held on December 9, 1986 by the following
Council vote:
Ayes: counci1members: Finkel, A. Katz, H. Katz, Zane
and Mayor Conn
Noes: Councilmembers: None
Abstain: Councilmembers: None
Absent: Councilmembers: Jennings and Reed
ATTEST:
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City Clerk