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R-8314 e e 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 - 5 - e e 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 - 6 - e e 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 - 7 - e e 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 - 8 - e e 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 - 9 - . e Adopted and approved this 29th day of october, 1991. - , :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: /' / ~---, ~ _- - " _~ /./ I- /~' -,_ _ --'" " ,J" I " ~_____~:/ >:1/JcL:7 ~f~-?ti-v ~ 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' . ,,-,,' . ,'~~ y-~~/ .... .................... .. 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 .L.L._ 1:1." . __ _ _ _ _ _ _ ~ __ e e ~.~.'~ _. ~'i=~:::~~~~~f.~'S . 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