R-8287
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RESOLUTION NO.
8287(CC5)
(CITY COUNCIL SERIES)
A RESOLUTION OF INTENTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA
SETTING A PUBLIC 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
STREETLIGHTING AND APPURTENANT WORK ON
SIXTH STREET BETWEEN SANTA MONICA
BOULEVARD AND ARI ZONA AVENUE AS SHOWN ON
CITY DRAWING NO. 10036, 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 l1ajority Protest Act of 1931" shall not apply to any
proceeding otherwise subject thereto when said improvement
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proceeding is by a charter city and said city has complied with
the provisions of Section 19 of the Article XVI of the california
Constitution; and
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 l. The City Council proposed to initiate
proceedings for the installation of streetlighting and
appurtenant work on sixth Street from Santa Monica Boulevard to
Arizona Avenue as shown on city Drawing No. 10036.
SECTION 2. The total estimated cost of the proposed
improvement is Fourteen Thousand Dollars ($l4,OOO.00).
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 benefited by said work or improvement and to be assessed
approximately Nine Thousand Eight Hundred Seventy Dollars
($9,870.00) and expense thereof, as shown upon a certain map
indicating the exterior boundary thereof, which said Drawing No.
5979A is on file in the Office of the city Engineer. The map
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hereby is referred to and shall govern for all details as to the
extent of said assessment district. The assessment dlstrict
1ncludes ln general the lots and parcels descr1bed In Sectlon 1
above but reference hereby lS made to sa1d Drawlng for all
deta1ls as to the extent of said assessment dlstr1ct and for any
varlatlon between the last mentloned general descr1ptlon and the
extent of sald assessment district as shmvn on said map. All
publlC streets or alleys, or portlons thereof, hereby are
excepted fron said distrlct.
SECTION 5. The C1ty wlll pay a portion of the cost and
expenses of the work descr1bed herein, and the Clty Controller is
authorized and dlrected to pay the sane immedlately upon
conflrmatlon of the assessnent by the C1ty council.
SECTION 6. Serlal bonds bearlng lnterest at the rate
of 8.80% per annum shall be lssued to represent each assessment
of One Hundred Flfty Dollars ($150.00) or more remaining unpald
for thirty (30) days after the recordlng of the warrant. Said
serlal bonds shall extend over a perlod ending nine (9) years
from the second day of January next succeed1ng the next September
1st follovnng their date. Payments on the princlpal of unpald
assessments and interest shall be made by property owners to the
Clty treasurer and the same shall be d1sbursed by hin or her or
as provided in the IIImprovenent Act of 1911" hereinafter referred
to. In accordance with streets and Hlghways Code Sectlon 6442,
the flrst t-;"lO percent dellnquency penalty authorlzed by such
sectlon shall be retalned by the Clty controller as the cost of
servlclng the dellnquency.
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SECTION 7. Notlce 15 hereby glven that on Tuesday, the
8th day of October, 1991, at 7:30 P.M., In the city Councll
Chambers located in City Hall, 1685 Main street, Santa Monlca,
Callfornla, there shall be a publlC hearing before sald city
Councll for the purpose of deternlnlng whether the public
convenience and necesslty requlre the above described improvement
and for the purpose of allowlng any and all persons havlng any
objections to the proposed work or improvement to appear and show
cause 'I.\Thy the said proposed vlOrk or improvement should not be
carr led out in accordance vJl th sald Resolutlon of Intentlon.
Inquiries concernlng this public hearing should be dlrected to
the Department of General Servlces, Englneering Divlslon, at
(2l3) 458-8721.
SECTION 8. The Cl ty Clerk shall gl ve notlce of the
hearing by postlng a copy of this Resolutlon In the manner
descrlbed by streets and Hlghways Code Sectlon 5065 and by
publication as hereinafter provlded. Any interested person may
make protest agalnst the proposed inprovenent ln wrlting filed
with the Clty Clerk at any tlme not later than the hour set for
the hearlng in the manner provlded by Streets and Highways Code
Sectlon 5220.
SECTION 9. The Superlntendent of streets shall cause
to be conspicuously posted along the line of said contemplated
work or improvement and also along all the open streets \vlthln
the said dlstrlct, notlce of the passage of thlS Resolutlon of
Intentlon ln the manner and form prescrlbed by law.
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The office of the Clty Engineer hereby 1S directed to
mail notlces, in the manner and forn prescrlbed by law, of the
adopt1on of th1S Resolution to all persons owning real property
in the hereinbefore descr1bed assessment d1strict, whose names
and addresses appear on the last equalized assessment roll for
the C1ty taxes or as known to the city Clerk.
SECTION 10.
The Clty Clerk hereby 1S d1rected to
publish thlS Resolution In The Outlook on two successive dates,
the f1rst publication 1S to be l:lade not less than f1fteen (l5)
days prior to the date of the above publ1C hear1ng.
SECTION 11.
Pursuant to Public Contract Code section
20433, the C1ty Council hereby states that the property owners
may not contract for the improvements and that the Clty shall be
responsible for lett1ng and adm1n1sterlng the construct1on
contract for this d1strict.
SECTION l2.
The C1 ty hereby declares that Conmuni ty
Development Block Grant funds may be appl1ed for payment of
assessments on property owned or res1ded ln by low to moderate
lncome households.
SECTION l3.
The city Clerk shall cert1fy to the
adopt1on of this Resolutlon, and thereafter the same shall be in
full force and effect.
APPROVED AS TO FOlli1:
ROBERT M. NYERS
Clty Attorney
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Adopted and approved this loth day of september, 1991.
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:t 11ayor
I hereby certify that the foregoing Resolution No. 8287(CCS)
was duly adopted by the City Council of the city of Santa Monica
at a meeting thereof held on September lOth, 1991 by the
following Council vote:
Ayes: Councilmembers: Genserl Holbrook, Katz, Olsen,
Vazquez, Zane, Abdo
Noes: councilmembers: None
Abstain: Councilmembers: None
Absent: Councilmembers: None
ATI'EST:
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