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R-7371 ,e - RESOLUTION NUMBER 7371(CCS) {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, STREET RESURFACING, TREE PLANTING, AND APPURTENANT WORK ON COLORADO AVENUE BETWEEN 14TH STREET AND CLOVERFIELD AS SHOWN ON CITY DRAWING NO. 5617 IN THE CITY OF SANTA MONICA WHEREAS, the Ci ty Council of the Ci ty of Santa Monica proposes to lni tiate proceedlngs under the Improvement Act of 1911 for the construction of concrete gutters, street resurfaclng, and tree plantlng; and WHEREAS, Section 19 of Article XVI of the Callfornia Constitution provldes that certain specified debt Ilmltation and majorlty protest provislons shall not apply if, after the givlng of such reasonable notice by publ ica tl.on and posting and the holding of such public hearing as the City Council of the Clty of Santa Monica shall have prescribed, the City Council, by no less than four-flfths vote of all members thereof, finds and determines that the publl.c convenience and necessity require the proposed lmprovements to be made; and WHEREAS, Streets and Highways Code Section 2804 provides that the "Speclal Assessment, Investlgation, Limitatlon and Majorlty Protest Act of 1931" shall not apply to any proceedlng otherWlse subject thereto when said improvement proceeding is by a charter city and said city has complied with the provisions of Section 19 of Artlcle XVI of the Californla Constitution; and . . WHEREAS, the City of Santa Monlca is a charter city of. the State of California, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. The Ci ty Council proposes to ini tiate proceedings for the installation of concrete gutters, street resurfacing, planting trees and appurtenant work on Colorado Avenue between 14th Street and Cloverf1eld as shown on Drawing No. 4617 on flle ln the Offlce of the City Englneer. SECTION 2. The total est1mated cost of the proposed 1mprovements 1S $750,000. SECTION 3. Improvements shall be conducted under the Improvement Act of 1911, which is Divis10n 7 of the Streets and Highways Code of the State of Cal1fornia. SECTION 4. The proposed work or improvements 10 the opinlon of Ci ty Council of the Ci ty of Santa Monica is of more than local or ord1nary public benefit, and the City Council hereby proposes that commercial, industrial or manufacturing property owners in the district ln the City of Santa Monica to be benefitted by said work or improvement to be assessed to pay approximately $9.50 per llneal foot for gutters, approximately $7.00 per llneal foot for street resurfacing, and approximately $3.00 per lineal foot for tree planting, of the cost and expense thereof. The dlstrict affected by the proposed work or improvements is shown upon a certaln map indicating the exterlor e . boundary thereof, whlch sald Drawing No. 5617 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 dlstrict includes in general the lots and parcels described in Sect10n I above but reference hereby is made to said DraWlng for all detalls as to the extent of said assessment distrlct and for any var1atlon between the last mentioned general descr lptlon and the extent of said assessment district as shown on said map. SECTION 5. No bonds will be issued for the aforementioned assessment district. SECTION 6. Notice is hereby given that on Tuesday, the 10th day of March, 1987, at 7: 30 P.M., in the City Council Chambers located 1n the City Hall, 1685 Main Street, Santa Monica, Callfornla, there shall be a public hear1ng before said Cl ty Councll for the purpose of determlning whether the pub1 ic convenience and necesslty require the above described improvements and for the purpose of allowlng any and all persons having any objections to the proposed work or lmprovements to appear and show cause why the said proposed work or improvements should not be carr led out in accordance with sald Resolut1on of Intentlon. Inquiries concerning this publIC hearing should be directed to the Department of General Services at 458-8221. SECTION 7. hearing by posting a descrlbed by Streets The City Clerk shall give notice of the copy of this Resolution ln the manner and Highways Code Section 5065 and by e . pub11catlon as here1nafter provided. Any interested person may make protest against the proposed 1mprovemen t in wr i ting f11ed with the City Clerk at any tlme not later than the hour set for the hear ing in the manner provided by Streets and Highway Code Section 5220. SECTION 8. The Superintendent of Streets shall cause to be conspicuously posted along the line of said contemplated work or improvements and also along all the open streets wi thin the said district, notice of the passage of this Resolution of Intention In the manner and form prescrIbed by law. The City Clerk is directed to mail notices, in the manner and form prescribed by law, of the adoption of this Resolutlon to all persons owning commercial, industrial or manufactur ing real proper ty in the hereInbefore descr ibed 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 Ci ty Cler k 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 Public Contract Code Section 20433, the Clty Council hereby states that the property owners may not contract for the improvements and that the CIty shall be responsible for lett1ng and adm1nistering the construction contract for thls dlstrIct. e . SECTION 11. The City Clerk shall certify to the adoption of th1s Resolution, and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: ~ l--~ \.. ROBERT M. MYERS City Attorney -- 1) . . I hereby certify that t Adopted and approve --------- Resolution No. 7371(CCS) was duly adopted by the City council of the City of santa Monica at a meeting thereof held on February 10, 19B7 by the following Council vote: /' Ayes: Councilmembers: Finkel, Jennings, A. Katz, H. Katz, Reed, Zane and Mayor Conn Noes: Councilmembers: None Abstain: Councilmembers: None Absent: Councilmembers: None ... ~.... ... -'" - -- - - -....... ---.-...-. -. - - - - - - - ... - -.... ATTES~: _ ::- ...- ~ - '-' '- ---:..--..:.-- .-:. Q, 1& ----:-r - / :. :~ --:~:~- ~. ,,-' . - .-. .- City Cle~k- - - .....- - ~ . PROOF OF PUBLICATION (2015.5 C. C. P.} STATE OF CALIFORNIA, County of Los Angeles, I am a citizen of the United States and a resident of the County aforesaid; I am over the ageof eighteen years, and not a party to or interested in the above-entltled matter_I am the principal clerk of the printer of the EVENING OUTLOOK a newspaper of general circulation. printed and published .:P..MJ..X.~~Q~.~.f?Jl~}:?A-X. in the City of .S.M:rA.~'QN"JQA""'''''h' County of Los Angeles, and which newspaper has been adj udged a newspaper of general circulation by the Superior Court of the County of Los Angeles, State of California, under the dateof..}'A~.J!.:) 19 ~l., Case Number ..;n~.nft.....; that the notice, of whlcn the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire Issue of said newspaper and not in any supplement thereof on the following dates, to-wit: ~.....~..~~~..~~..._................... all in the year 19..81.. I certify (or declare) under penalty of perlury that the foregoing is true and correct . D t SANTA MONICA ated a ......... . .. I- . ... .. .. .. .. . I- I- . .. I- .. .. .. . .. .. .. I- .. .. . .. I- . ~ . .. .. . .. .. California, this..~ .... .day of. .~!'.~~., 19 ?Z.. .........~~ai~...... FrnCDDI.' ~f tll., bl.nJc form m.v b. ,.cllnd from- CAL.IFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearmg House POBox 31 Los Angeles, CA 90053 . Telephone 625-254 ~ Plean request GENERAl.. Proof 01 ,"ulllicaTian wnen orClerlnq 1nlS .arm . --:To4N This space is for the County Clerk's Filing Stamp Proof of Publication of ~......................................................... ---------- ---- -=~~-----::== ~ ~"iB~--- ~~~~~.-""""'..-~~r"'"".--.~- ~= ~~--------~~-""'...,~-- . . ..; --_ ~_ _ 0iI~ _______.....-___ ~ _~___,.~