R-8623
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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
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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
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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
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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.
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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:
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fJOpEPH LAWRENCE
~t1ng city Attorney
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Adopted and approved this 13th day of July, 1993
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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:
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- 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
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THE OL"TLOOK
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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
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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
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,.. 1 f I th 5TH d fACGUST 19 93
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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
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Proof of Publication of
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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.
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