R-7491
e
e
RESOLUTION NUMBER 7491 (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 STREET LIGHTING AND
DECLARING ITS INTENTION TO CONSTRUCT STREET LIGHTING AND
APPURTENANT WORK ON ALTA AVENUE BETWEEN 4TH STREET AND
FIRST COURT AS SHOWN ON CITY DRAWING NO. 5364, WITHIN
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 improvements to streetlighting; 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 improvements to be made; and
WHEREAS, streets and Highways Code section 2804 provides
that the "Special Assessment, Investigation, Limitation and
Majority Protest Act of 1931f1 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
section 19 of Article XVI of the California Constitution; and
e
e
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. All
public streets or alleys, or portions thereof, hereby are
excepted from said district.
SECTION 5. The City will pay a portion of the cost and
expenses of the work described herein, and the City Controller is
authorized and directed to pay the same immediately upon
confirmation of the assessment by the City Council.
SECTION 6. Serial bonds bearing interest at the rate of
10% per annum shall be issued to represent each assessment of
$150.00 or more remaining unpaid for 30 days after the recording
of the warrant. Said serial bonds shall extend over a period
ending 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 him or as provided in the "Improvement Act of 1911"
hereinafter referred to. In accordance with Streets and Highways
Code section 6442, the first two percent delinquency penalty
authorized by such section shall be retained by the City
Controller as the cost of servicing the delinquency.
SECTION 7. Notice is hereby given that on Tuesday, the
13th day of October, 1987, at 7:30 P.M., in the Council Chambers
located in the city Hall, 1685 Main street, Santa Monica,
California, there shall be a public hearing before said city
e
e
council for the purpose of determining whether the public
convenience and necessity require the above described improvement
and for the 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 public hearing should be directed to
the Department of General Services at 458-8721.
SECTION 8. The City Clerk shall give notice of the
hearing by posting a copy of this resolution in the manner
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 hearing in the manner provided by streets and Highway Code
Section 5220.
SECTION 9. The superintendent of Streets shall cause to
be conspicously posted along the line of said contemplated work
or improvement 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 hereby is directed to mail notices, in
the manner and form prescribed by law, of the adoption of this
resolution to all persons owning 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.
.
e
WHEREAS, the City of Santa Monica 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 streetlightinq and
appurtenant work on the Alta Avenue between 4th street and First
Court as shown on City Drawing No. 5364.
SECTION 2. The total estimated cost of the proposed
improvement is $31,800.
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
than local or ordinary public benefit, and the City Council
hereby proposes that the district in the city of Santa Monica to
be benefitted by said work or improvement and to be assessed to
pay one-half of the cost and expense thereof, is shown upon a
certain map indicating the exterior boundary thereof, which said
Drawing No. 5364 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
-
-.
SECTION 10.
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 11.
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
responsible for letting and administering the construction
contract for this district.
SECTION 12.
The City hereby declares that Community
Development Block Grant funds may be applied for payment of
assessments on property owned or resided in by low to moderate
income households.
SECTION 13.
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:
~ h'\. "'lr-
ROBERT M. MYERS
city Attorney
e
e
8th day of September, 1987.
Mayor
-
I hereby certify that the foregoing Resolution No. 7491(CCS)
was duly adopted by the City Council of the City of Santa Monica
at a meeting thereof held on september 8, 1987 by the fallowing
council vote:
Ayes: councilmembers: Finkel, Jennings, JL. Katz, H.
Katz, Reed, Zane, Mayor Conn
Noes: Councilmembers: None
Abstain: Councilmembers: None
Absent: Councilmembers: None
ATTEST:
fL~
- City Clerk ~
~':::oL.1JT1 O~
'2..OAN
. PROOF OF PUBLATION
(2015.5 C.C.P.)
.
This space is for the County Clerk's Filing Stamp
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 age of eighteen years, and not a party to
or interested in the above-entitled matter I
am the principal clerk of the printer of the
...............~........66.....................1....
........... ...T.~~~~Xf~QQ~......... .00......
a newspaper of general circulation, printed
,
i
~
,
l-~~~
!
,
~:. ~