R-8324
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RESOLUTION NO.
8324(CC5)
(CITY COUNCIL SERIES)
A RESOLUTION OF INTENTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA SETTING A PUBLIC
HEARING ON DECEMBER 10, 1991 FOR THE Pu~POSE
OF DETERMINING ~mETHER OR NOT THE PUBLIC
CONVENIENCE AND NECESSITY REQUIRE THE
CONSTRUCTION OF CONCRETE PAVEMENT AND OTHER
APPURTENANT WORK ON LINCOLN COURT BETWEEN
OLYMPIC BOULEVARD AND MICHIGAN AVENUE AS SHOWN
ON CITY DRAWING NO. 5986, IN THE CITY OF SANTA
MONICA
WHEREAS, the City Council of the City of Santa
Monica proposes to initiate proceedings under the
Improvement Act of 19l1 for the construction of a
concrete pavement and other appurtenant work on Lincoln
Court between Olympic Boulevard and Michigan Avenue; 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 Highvlays Code Section 2804 provides
that the "Special Assessment, Investigation, Limitation and
Majority Protest Act of 1931" shall not apply to any proceeding
otherwise subject thereto when said improvement proceeding is by
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a charter city and said city has complied with the provisions of
Section 19 of 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
1.
The
City Council
proposes to
initiate
proceedings for the construction of a concrete alley and other
appurtenant work adjacent to properties on Lincoln Court between
Olympic Boulevard and Michigan Avenue as shown on city Drawing
No. 5986 on file in the office of the City Engineer.
SECTION 2.
The improvements shall be conducted under the
Improvement Act of 1911, which is contained in Division 7 of the
Streets and Highways Code of the state of California.
SECTION 3.
The proposed work or improvements 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 property owners in the district in the City of Santa Monica
to be benefited by construction of a concrete alley be assessed
the full cost of construction. Commercial or industrial property
owners will be assessed 100% of cost per footage at approximately
$77.00 per lineal foot and residential property owners will be
assessed 50% of the cost per footage at approximately $38.50 per
lineal foot.
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The district affected by the proposed work or improvements is
shown upon a certain map indicating the exterior boundary
thereof, which said Drawing No. 5986-A 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 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.
SECTION 4.
No bonds will be issued for the aforementioned
assessment district.
SECTION 5.
Notice is hereby given that on Tuesday, the lOth
day of December, 1991, at 7:30 P.M., in the City council 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
necessi ty require the above described improvements and for the
purpose of allowing any and all persons having any objections to
the proposed work or improvements to appear and show cause why
the said proposed work or improvements 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, Division of Engineering, at
458-8721.
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SECTION 6.
e . . _ .
Tne Clty Clerk shall glve notlce of the hearlng
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 interested person 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 Highways Code Section 5220.
SECTION 7.
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 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 Resolution to all
persons owning commercial, industrial or residential 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.
SECTION 8.
The city Clerk is directed to publish this
Resolution in The 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 9.
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
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responslble for awarding and adminlstering the construction
contract for this district.
SECTION 10.
The c~ty Clerk shall cert~fy to the
adoptlon of thlS Resolutlon, and thereafter the sane shall be In
full force and effect.
APPROVED AS TO FOID1:
ROBERT I1. HYERS
City Attorney
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Adopted and approved this 12th day of November, 1991.
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Hay.o.r
I hereby certify that the foregoing Resolution No. 8324(CCS)
was duly adopted by the city Council of the City of Santa Monica
at a meeting thereof held on November 12th, 1991 by the following
Council vote:
Ayes: Councilmembers: Genser, Holbrook, Katz, Olsen,
Vazquez, Zane, Abdo
Noes: Councilmembers: None
Abstain: Councilmembers: None
Absent: Councilmembers: None
ATTEST:
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PROOF OF PUBLICATION
(201S.S C.C.P')
STATE OF CALIFORNIA,
County of Los Angeles,
J am a citizen of the IJnlted 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 \
am the principal clerk of the printer of the
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a newspaper of general Circulation. printed
and published .ll.-e...I.ItX. J::~Qf:.~::r: .~!JJjJ?~X.
In the CIty of .~"'.I:f.TA.~'-Qm~^............
County of Los Angeles, and which
newspaper has been adjudged a newspaper
of general clrculatlon by the Superior Court
of the County of Los Angeles, State of
California, underthedateof.!~~:.~~ 19 .~~.,
Case Number ..~Hn.~....., 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
~iJvem.ber 2)-2:'
all In the year 19..?)..
I certify (or declare) under penalty of
periury that the foregOing IS true and
correct
Dated at... ?~~~T.1-. ~.t.9.~i!f.1-..........
California. this..... ."oJ.day of ... ..btov .19 . ?~.
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Frlle eagles of thIS bllnlt form mly ~ nc~rea Irom
CALIFORNIA NEWSPAPER SERVICE
BUREAU, INC.
Legal Advertlsmg Cleanng House
POBox 31
Los Angeles CA 90053 Teieonone 025-2541
'''-e-iIII~e I'~Q\.Ie'5t GE~E~AL Pfoa'f at p\lbhc.a'lon
wne~ ortter'-"'I:q t"1I5 ~orm
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ThIS space is for the County Clerk's Filing Stamp
Proof of PublicatIon of
EO 11-113
RESOLUTION NUMBER 8324 (eCS)
(CITY COUNCIL SERIES)
A RESOLUTION OF INTENTIO!'\ OF THE COUNCIL OF THE CITY OF
SAr-.:TA MONICA SETTING A PUBLIC HEARI"'G ON DECEMBER 10,
1991 FOR THE Pt:RPOSE OF DETERMINISG WHETHER OR NOT THE
PVBLlC CO"'VENIENCE AND NECESSITY REQUIRE THE
CONSTRUCTIO'" OF CONCRETE PAVEMENT AND OTHER
APPURTENA]'\;T WORK ON L1NCOL]'; COURT BETWEEN OLYMPIC
BOULEVARD AND }IICHIGAN AVENUE AS SHOWN ON CITY
DRA WING NO 5986, I'" 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 the construchon
of a concrete pavement and other appurtenant work on Lmcoln Court
between OlympIC Boulevard and MiChIgan Avenue. and
WHEREAS. Secnon 19 of Article XVI of the Callforma ConstitutIOn
proVIdes that certam specified debt limitatIOn and maJonty protest prOVi-
sIOns shall not apply if. after the giVing of such reasonable notice by
publicatIOn and postmg and the holdmg of such publIC hearmg as the CIty
CounCil of the City of Santa Momca shall have prescnbed, the City CounCil.
by no less than four-fifths vote of all members thereof, finds and determmes
that the public convemence and necessity require the proposed Improve-
I ments to be made. and
WHEREAS. Streets and HIghways Code SectIOn 2804 prOVides that the
'Speclal Assessment. InvestIgatIon, Limitation and MajOrity Protest Act of
1931" shall not apply to any proceeding otherwise subject thereto when said
Improvement proceedmg IS by a charter cIty and said city has complied
WIth the proVISIons of Section 19 of Article XVI of the Cahforma constitu-
tion. and
\,'HEfiE' AS, th' C!ty nf !'amd "'IOniC.] IS ? !?h'lrter cIty of the State 0f
Cahforma.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MO[';ICA DOES RESOLVE AS FOLLOWS
SECTION 1 The City CounCIl proposes to Initiate proceedmgs for the
constructIOn of a concrete alley and other appurtenant work adjacent to
properties on Lmcoln Court between OlympiC Boulevard and MiChigan
Avenue as shown on City Drawmg No 5986 on fIle In the office of the City
Engineer
SECTIO:"l 2 The Improvements shall be conducted under the Improve-
ment Act of 1911. whIch IS contamed In DIViSIOn 7 of the Streets and
Highways Code of the State of CalIforma
SECTION 3 The proposed work or Lmprovements In the opInIon of City
Councd of the City of Santa MOnIca IS of more than local or ordinary public
benefIt. and the City CounCil hereby proposes that property owners In the
dlStnct m the City of Santa MODica to be benefited by constructIOn of a
concrete alley be assessed the full cost of construction CommerCial or
mdustnal property owners will be assessed 100% of cost per footage at
appro'i:lmately $77 00 per lineal foot and reSidential property owners wIll be
assessed 50% of the cost per footage at approxImately $3850 per lineal foot
The distrIct affected by the proposed work or Improvements IS shown upon
a certam map mdlcatIng the exterIor boundary thereof. which said Drawmg
No 5986-A 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 m general the lots and
parcels descnbed In Section 1 above but reference hereby IS made to said
Drawmg for all details as to the extent of said assessment dlstnct and for
any VarIatIOn between the last mentIoned general deSCrIption and the
extent of saId assessment distrIct as shown on said map
SECTION 4 No bonds Will be issued for the aforementIOned assessment
dlstnct
SECTION 5 NotIce IS hereby gIVen that on Tuesday. the 10th day of
December. 1991. at 730 pm, m the City Council Chambers located In CIty
Halt 1625 ::"laln Strec~l Sa,,;t~ ~10r..lCr... Callfer:: "a, tt..~....~ :hall bt: do })ut.-~..~
hearmg before saId City CounCil for the purpose of determlnmg whether the
public convenience and necessity reqUire the above descrIbed Improve-
ments and for t.he purpose of allOWing any and all persons haVing any
objectIOns to the proposed work or Improvements to appear and show can,,,
why the said proposed work or Improvements should not 1:>1.' u, fled out In
acc()Td;jn~e ....Ith saId HesolutlOn of Intention InqUirIes concernmg thIS
pU;:;'lc. :,e.;rmg should be I.:E~,.,t[d to ci;e Department of General Services.
nlVl~lOn of.El1i!J.nee1:ln at. ~1l-6721
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