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R-8623 ,. e e RESOLUTION NUMBER 8623(CCS) (CITY COUNCIL SERIES) A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING A PUBLIC HEARING FOR SEPTEMBER 14, 1993, FOR THE PURPOSE OF DETERMINING WHETHER OR NOT CONVENIENCE AND NECESSITY REQUIRE THE TREE PLANTING AND APPURTENANT WORK ON COLORADO AVENUE BETWEEN 7TH STREET AND 14TH STREET, AS SHOWN ON CITY DRAWING NO. 6085, IN THE CITY OF SANTA MONICA WHEREAS, the city Councll of the city of Santa Monlca proposes to lnitiate proceed1.ngs under the Improvement Act of 1911 and Government Code for the Tree Plantlng and appurtenant work on Colorado Avenue between 7th Street and 14th street; and WHEREAS, Section 19 of Article XVI of the California Constltution provldes that certain speclfied debt Ilmltat10n and majorlty protest provisions shall not apply l.f, after the giv1.ng of such reasonable notice by publication and posting and the holding of such publlC hearing as the City Council of the City of Santa Monica shall have prescr1bed, the C1ty Council, by no less than four-f1.fths vote of all members thereof, f lnds and determines that pUblic convenience and necessity require the proposed improvements to be made; and WHEREAS, Streets and Highways Code Section 2804 provides that the "Spec1.al Assessment, Investlgatlon, Llmltation and Majority Protest Act of 1931" shall not apply to any proceeding otherWlse subject thereto when sa1.d improvement proceedlng 15 by a charter city and said Clty has complied wlth the provisions of Section 19 of Article XVI of the California Const1tutionj and - 4 - e e WHEREAS, the city of Santa Monica 15 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 init1ate proceedings for the tree planting and appurtenant work adJacent to resldential, commercial and industr1al properties on Colorado Avenue between 7th Street and 14th Street as shown on City Drawlng No. 6085 an file in the off1ce of the city Engineer. SECTION 2. The improvements and repairs shall be conducted under the Improvement Act of 1911, which lS contained in Division 7 and Chapter 22 of the Streets and Highways Code of the State of Callfornia. SECTION 3. The proposed work or improvements ln the opinion of City Counc1l of the City of Santa Monica 1S of more than local or ordinary publ1C benefit, and the City Counc11 hereby proposed that commercial and lndustrlal property owners in the d1strlct 1n the city of Santa Monica to be benef1ted by tree planting be assessed 100% of cost per footage at approximately $5.30 per lineal foot. Resldential property owners w1ll not be assessed. The district affected by the proposed work or lmprovernents is shown upon a certain map indicating the exterlor boundary thereof, which said Drawing No. 6085A is on file 1n the offlce of the Cl ty Englneer. The map hereby is referred to and shall - 5 - e e govern for all details as to the extent of sa1d assessment d1strict. The assessment distr~ct includes in general the lots and parcels descr1bed 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 d1strict as shown on said map. SECTION 4. Notice 1S hereby given that on Tuesday, the 14th day of September, 1993, at 6:30 P.M., in the city Council Chambers located in city Hall, 1685 Main street, Santa Monlca, california, there shall be a publ1C hearing before sa1d City Council for the purpose of determining whether public convenience and necess1ty require the above-described improvements and for the purpose of allowing any and all persons having any obj ections to the proposed work or 1mprovements to appear and show cause why the sald proposed work or 1mprovements shall not be carr1ed out in accordance with sa1d Resolutlon of Intention. Inquiries concernlng thlS public hearing should be d1rected to the Department of General Serv1ces, Dlvision of Engineering, at 458-8721. SECTION 5. The C1ty Clerk shall g1ve notice of the hearlng by postlng a copy of thl.s Resolution In the manner described by the Streets and Highways Code sections 5065 and 5616 and by publication as herelnafter prov1ded. Any lnterested person may make protest aga1nst the proposed improvement in writing filed w1th the City Clerk at any tlme not later than the - 6 - e e hour set for the hearing in the manner provlded by the Streets and Hlghways Code Sect10n 5220. SECTION 6. The Superintendent of streets shall cause to be conspicuously posted along the line of sald contemplated work or improvements and also along all the open streets withln said district, notice of the passage of this Resolution of Intention In the manner and form prescr1bed by law. The City Clerk is directed to mail notices, pursuant to Government Code section 54954.9, in the manner and form prescribed by law, of the adoption of this Resolutlon to all persons owning commercial and lndustrial property ln 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 offlce of the Clty Engineer. SECTION 7. The City Clerk 1S directed to publish thlS Resolution, in accordance with Government Code Sectlon 6066, in The Outlook once a week for two weeks wlth at least flve days intervening between the first date and second date of publlcation. The first publication is to be made not less than 45 days prior to the date of the above public hearing. - 7 - e e SECTION 8. 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: ,\ Il-D d.~ ~'-n~ fJOpEPH LAWRENCE ~t1ng city Attorney - 8 - e e Adopted and approved this 13th day of July, 1993 ,1 f (' I -I If-.;9 ,/ (::' L..t Mayor I hereby certlfy that the foregolng Resolution No 8623 (CCS) was duly adopted by the City CounCll of the Clty of Santa Monlca at a meet1ng thereof held on July 13, 1993 by the followlng Councll vote: Ayes: Councilmembers: Abdo, Genser, Greenberg, Holbrook, Rosensteln, Vazquez Noes: Councilmembers None Abstaln: Councilmembers None Absent- Counc11members: Olsen ATTEST: ~ -: r.. i::bv-"-. ____/~-{u/ E. b.~/ - City Clerk PROOF OF PUBL'A liON (2015.5 c.e. PJ STATE OF CALIFORNIA, 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 J am the prinCipal clerk of the pnnter of the ..... ....... ........... ................. ............ t...... THE OL"TLOOK .. .... ..... ...... -.. .. .. ..... ...... ...... ........... ......... .... .... a newspaper of general cIrculation, printed and publIshed J).~J.ltX. F;.{\~t:.l?X.~:q~J?AX. In the CIty of ~hJ.l.TA.f\JQ.NJ~t\. .......... 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 of.!~N...~6 19 ~!., Case Number .;n :1.~J.~....., that the notice, of which the annexed IS a pnnted copy (set In type not smaller than nonpareil), has been published 10 each regular and entire Issue of said newspaper and not In any s<.Jpplement thereof on the following dates. to-Wit JULY 30 & ACG. 5TH .. .... .. ... .... .... .... ........ ...... .. .... .. .. ...... II .. .. .. .. ..... .................. all In the year 19..~~. I certIfy (or declare) under pena Ity of per,ury that the foregOing IS true and correct Dated at SANTA r10NICA ..- .. ... ...... .......... ........ .... .. ,.. 1 f I th 5TH d fACGUST 19 93 .....a lorn a, IS.......... ay 0 ..... ., " + ..... tt......... ... SIgnature Free COPIes of thts blenk form mlV be suured from CALIFORNIA NEWSPAPER SERVICE BUREAU.INC Legal AdvertiSing Clear.ng House POBox 3 1 Los Angeles CA 90053 Teleohone b25-25411 Please reqUeSf GENERAL Prool 01 PuD'lcaTlon wnen Ortler,"" 'h,s form f ThiS space IS for the.unty Clerk's Filing Stamp .-- - ~ ..0 VJ -.] . .' Proof of Publication of ........ .., .-..... ..... ...."'.............. ... .. ..... ............." ............,........... .... ......... EO '.139 ._- RESOLUTION NUMBER 8623 (CCS) (CITY COUNCIL SERIES) A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING A PUBLIC HEARING FOR SEPTEMBER 14, 1993, FOR THE PURPOSE OF DETERMINING WHETHER OR NOT CONVENIENCE AND NECESSITY REQUIRE THE TREE PL~NGANDAPPURTENANT WORK ON COLORADO AVENUE BETWEEN 7TH STREET AND 14TH STREET, AS SHOWN ON CITY DRAWING NO. 6085, IN THE CITY OF SANTA MONICA WHEREAS, the Clty Counell of the CIty of Santa Momca proposes to mItlate proceedmgs under the Improvement Act of 1911 and Gov- ernment Code for the Tree Plantmg and appurtenant work on Colorado Avenue between 7th Street and 14th Street and, WHEREAS, Section 19 of Article XVI of the Cal1forma Constltutlon prOVides that certam SpecUIed debt IllmtatJon and ma]onty protest pro- VISions shall not apply If, after the glvmg of such reasonable notIce by pubhcabon and postmg and the holdmg of such fUbhC heanng as the Clty Council 0 the City of Santa Moruca shall have prescnbed, the CIty Council, by no less than four- fifths vote of all members thereof, fmds and determmes that pubhc convenIence and necessity reqmre the proposed lmprovements to be made; and WHEREAS, Streets and Hlghways Code SectIOn 2804 prOVides that the "Special Assessment, InvestIgation, LIlDltatlon and Ma]onty Protest Act of 1931" shall not apply to any pro- ceedmg otherWise subject thereto when sald lmprovement proceedmg IS by a charter Clty and saId Clty has complied With the prOVISions of Sec- tlon 19 of ArtlCle XVI of the Cahfor- ma constItution, and WHEREAS, the City of Santa MOnlca IS a charter CIty of the State of Cahforma, NOW, THEREFORE, The Clty Counell of The CIty of Santa MODIca does Resolve as follows. ~~""ITITr\1\.T 1 .....1........ 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