R-8314
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RESOLUTION NUMBER
8314(CCS)
(CITY COUNCIL SERIES)
A RESOLUTION OF INTENTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA OF SETTING A PUBLIC
HEARING FOR THE PURPOSE OF DETERMINING WHETHER
OR NOT THE PUBLIC CONVENIENCE AND NECESSITY
REQUIRE THE CONSTRUCTION OF STREETLIGHTING AND
DECLARING ITS INTENTION TO CONSTRUCT
STREETLIGHTING AND APPURTENANT WORK ON TWENTY
FOURTH STREET FROM WILSHIRE BOULEVARD TO
ARI ZONA AVENUE AS SHOWN ON CITY DRAWING NO.
10032, 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 streetlighting improvements: and
WHEREAS, Section 19 of Article XVI of the California
Constitution provides that certain specified debt limitation and
majority protest provlsions shall not apply, if after the giving
of such reasonable notice by publication and postlng 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 1931" shall not apply to any proceeding
otherwlse subject thereto when sald improvement proceedlng is by
a charter Clty and said Clty has complied with the provisions of
section 19 of the Article XVI of the California Constitution; and
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WHEREAS, the City of Santa Monica is a charter city of
the state of California,
Nmv- , THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1.
The City Council proposes to initiate
proceedings
for
the
installation
of
streetlighting
and
appurtenant work on the street shown on city Drawing No. 10032
and generally known as:
TWENTY FOURTH STREET FROM WILSHIRE BOULEVARD TO ARIZONA AVENUE,
within the City of Santa Monica.
SECTION 2.
The total estimated cost of the proposed
improvement is $32,000.00.
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 distrlct in the city of Santa Monica to
be beneflted 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. 6002A 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
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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. All
public streets or alleys, or portions thereof, hereby are
excepted from said district.
SECTION 5. The Clty 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.
Serlal bonds bearing interest at the rate
of 8.8% per annum shall be issued to represent each assessment of
One Hundred Fifty Dollars ($150.00) or more remaining unpaid for
thirty (30) days after the recording of the warrant. Said serial
bonds shall extend over a period ending nine (9) years from the
second day of January next succeeding the next September 1st
followlng 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
26th day of November, 1991, at 7:30 p.m., in the City Council
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Chambers located in City Hall, 1685 Main street, Santa Monica,
California, there shall be a public hearing before said city
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
objectlons 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, Engineering Division, at
(213) 458-8721.
SECTION 8.
The Clty Clerk shall give notice of the
hearing by posting a copy of this Resolution in the manner
descrlbed by streets and Highways Code Section 5065 and by
publication as hereinafter provided.
Any interested person may
protest against the proposed improvement in writlng filed with
the City Clerk at any time not later than the hour set for the
hearing in the manner provided by streets and Highways Code
section 5220.
SECTION 9. The Superintendent of streets shall cause to
be conspicuously 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
Resolutlon to
all
persons
owning
real
property
in the
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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 10.
The City Clerk hereby is directed to
publish this Resolution in The Outlook on two successive dates,
the flrst publication is to be made not less than fifteen (15)
days prior to the date of the above public hearing.
SECTION 11.
Pursuant to Public 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 appl ied 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:
ROBERT M. MYERS
city Attorney
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Adopted and approved this 29th day of october, 1991.
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:d- ,/:-.J..~.. /-,-
;Ma'y~~ ~,
I hereby certify that the foregoing Resolution No. 8314(CCS)
was duly adopted by the City council of the City of Santa Monica
at a meeting thereof held on October 29th, 1991 by the following
Council vote:
Ayes: CouncilIDembers: Holbrook, Katz, Olsen, VazquezT
Zane, Abdo
Noes: councilmembers: None
Abstain: councilmembers: None
Absent: councilmembers: Genser
A'I'IEST:
/'
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Cl.ty Clerk
PROOF OF PUB.lATION
(2015.5 C.C. P.>
STATE OF CAUFQRNIA,
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 prrnclpal clerk of the printer of the
....... .. ...... ..Oo............. ......................................
THE OUTLOOK
...... ........... .. .. ..... .... ............
a newspaper of general circulatIon. printed
and published .:P.~.I.J..XJH\Qf:.J;>X.~:Q!~JM,X.
In the City of S.A.~.T"'.~1QmG^............
County of Los Angeles, and which
newspaper has been adludged a newspaper
of general CIrculation by the Superror Court
of the County of Los Angeles, State of
California, under the date oU~~:.~6 19 .~~ ,
Case Number .. ;Jl~.~1.~....., that the notice,
of which 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
Kovember 8-9
I. ................................ ...................
91
all In the year 19. ..'.
f certIfy [or declare) under penalty of
perlury that the foregOing IS true and
correct
Dated at.
SAt.rTA !'lONICA
I _0- .... "1 ................
9 f Kov. 9 91
Caltfornla,thls..........day0 ...... 01 1 .....
,/1' . ,,-,,' .
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.... .................... .. J........ ..........
Signature
Fre. cop,es al thl' bl.nk larm m.y be ucured 'ram
CALIFORNIA NEWSPAPER SERVICE
BUREAU. INC.
Legal AdvertISing Clearing House
POBox 3 1
Los Angeles CA 90053 Telephone 625.2541
Please reQ\J'e-:sf GE -..e RAL f'roof 01 Pubhca'lon
oNMen C1rder.ng thFs form
ThiS space IS for fh'ounty Clerk's F!iing Stamp
Proof of Publication of
EO 11-42
RESOLUTION NUMBER 8314(CCS)
(City Council Senes)
A RESOLUTION OF INTENTIOJI; 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 CONSTRUcrlON OF
STREETLIGHTS AND DECLARING ITS INTENTION TO CONSTRUcr
STREETLIGHTlNG AND APPURTENAI\"T WORK ON TWENTY
FOUR TH STREET FROM WILSHIRE BOL'LEV ARD TO ARIZONA
A VENUE AS SHOWN ON CITY DRAWING 1\"0 10032, WITHIN THE CITY
OF SANTA MONICA
WHEREAS, the CIty CouncIl of the CIty of Santa Momca proposes to
mmate proceedIngs under the Improvement Act of 1911 for streethghtJng
Improvements, and
WHEREAS, SectIon 19 of Arncle XVI of the CalIforma ConstItutIon
prov1des that certam speCIfIed debt lumtatlOn and majority protest prov1-
slOns shall not apply. If after the glvmg of such reasonable notIce by
pubhcanon and postIng and the hOldIng of such pubhc hearmgs as the CIty
CounCIl of the C1ty of Santa Momca shall have prescrIbed, the CIty Councll
by no less than four-fifths vote of all members thereof fInds and determInes
that the pubhc convemence and neceSSIty reqUire the proposed Improve-
ments to be made. and
WHEREAS, Streets and HIghways Code SectIOn 2804 prOVIdes that the
"SpecIal Assessment. InvestIgatIon, LImItatIon and MajOrIty Protest Act of
1931" shall not apply to any proceedmg otherWIse subject thereto when saId
Improvement proceedmg IS by a charter cIty and sa1d city has compbed
WIth the prOVISIOns of Section 19 of the ArtIcle XVI of the Cabforma
ConstItutIOn. and
WHEREAS. the CIty of Santa Momca 1S a charter city of the State of
Cahforma,
NOW. THEREFORE. THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOLLOWS
SECTION 1 The City Councll proposes to InltJate proceedmgs for the
mstallatlon of streetlIghUng and appurtenant work on the street shown on
CIty Drawmg No 10032 and generally known as
TWENTY FOURTH STREET FROM WILSHIRE BOULEVARD TO
ARIZONA A VENUE,
wlthm the City of Santa MOnica
SECTION 2 The total estImated cost of the proposed Improvement IS
$32.000 00
SECTION 3 Improvements shall be conducted under the Improvement
Act of 1911, whIch IS DIVISIon 7 of the Streets and HIghways Code of the
State of CalIforma
SECTION 4 The proposed work or Improvement m the opmlOn of CIty
CounCil of the CIty of Santa MOnIca IS of more than local or ordmary pubhc
benefIt, and the CIty CounCIl hereby proposes that the dlstnct In the City of
Santa MOnica to be benefIted by saId work or Improvement and to be
assessed to pay one-half of the cost and expense thererof, IS shown upon a
certam map mdlcatmg the exterIOr boundary thereof, whtch said Drawmg
No 6002A IS on fIle m the OffIce of the CIty Engmeer The map hereby IS
referred to and shall govern for all detaIls as to the extent of saId
assessment dlstnct The assessment dIstrIct mcludes In general the lots and
parcel descnbed In SectIOn 1 above but reference hereby IS made to saId
DraWIng for all detalls as to the extent of said assessment dIStrIct and for
any vanatlon between the last mentIoned general deSCrIption and the
extent of saId assessment dlstnct as shown on saId map All pubhc streets
or alleys, or portIons thereof, hereby are excepted from saId distrIct
SECTION 5 The City WIll pay a portIOn of the cost and expenses of the
work descnbed herem. and the City Controller IS authOrIzed and dIrected to
pay the same ImmedIately upon confIrmation of the assessment by the CIty
CounCIl
SECTION 6 Senal bonds bearmg Interest at the rate of 88% per annum
shall be Issued to represent the assessment of One Hundred Fifty Dollars
($HiO 00) or more remamIng unpaId for thirty (30) days after the recordmg
of the warrant Said serial bonds shall extend over a perIod endmg mne (9)
years from the second day of January next succeedIng the next September
1st followmg 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'" l>eremafter referred to In accordance With Streets and Highways
Code Section 6442. the first two percent delInquency penalty authorIzed by
such sectlon shall be retaIned by the CIty Controller as the cost of servIcIng
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