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R-8324 - e 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 - 4 - e e 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. - 5 - e e 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. - 6 - 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 - 7 - e e 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 - 7 - e e Adopted and approved this 12th day of November, 1991. j L\ 'i ' I 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: / - ----. ~ ' t!..--'I. ;t /. / i. '-f/. ... 11"- i' . loi-aWe ,.~" '\..--' 'f CI~ - city ~erk I ../' e 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 ............. _r.~~ .Q~.T~QQ~.......... 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 . ?~. / ,,/ ,- < R ~.:r . ~ i_ . ......... ."*~...... 's~,nat~':e" ..<:-..rN-.1-.~...... 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 e 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 e e ....