R-10249RESOLUTION NUMBER 10249 (CCS)
(CITY COUNCIL SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
APPROVING ASSESSMENT DIAGRAM DEPICTED IN CITY ENGINEER'S
DRAWING SERIES NO. 6518-A AND CONFIRMING ASSESSMENT COSTS FOR
THE STREET AND PARKWAY IMPROVEMENTS ON YALE STREET WITHIN THE
CITY OF SANTA MONICA
WHEREAS, the City of Santa Monica, pursuant to Section 5882 of the Streets
and Highways Code, commenced proceedings to construct street and parkway
Improvements on Yale Street from Wilshire Boulevard to Montana Avenue in the
City of Santa Monica; and
WHEREAS, the proceeding is more fully described in the Resolution Number
10027(CCS) adopted by the City Council on March 22, 2005; and
WHEREAS, the contract for the above described work has been fulfilled to the
satisfaction of the City Engineer; and
WHEREAS, the City Engineer has made an assessment to cover the sum
due for the work performed and specified in the contract; and
WHEREAS, the assessment has been filed with the City Clerk; and
WHEREAS, the City Clerk gave the notice required by Sections 5362 and
5363 of the Streets and Highways Code; and
WHEREAS, upon the day and hour fixed for hearing by the City Council, the
City Council of the City of Santa Monica heard and passed upon any and all
objections, appeals, and protests,
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That all objections, appeals, and protests of every kind and
nature be the same are hereby overruled and denied.
SECTION 2. That the diagram of property affected and benefited by the
construction of the street and parkway improvement are within the City of Santa
Monica, and therein declared to be the property to be assessed to pay the expense
of the improvements, is approved and the City Clerk is directed to execute the
certificate on the diagram to the City Engineer.
SECTION 3. That the City Engineer shall forthwith attach a warrant to said
assessment bearing the date of this confirmation.
SECTION 4. The assessment roll, warrant, and diagram shall be recorded in
the Office of the City Engineer, and immediately thereafter the City Clerk shall file a
copy of the assessment district in the Office of the County Recorder, and thereafter
shall record in said Office of the County Recorder, a Notice of Assessment, all in the
manner and form as prescribed by Section 3114 of the Streets and Highways Code
of the State of California.
SECTION 5. Serial bonds bearing interest at the rate 8% per annum shall be
issued to represent each assessment of the remaining unpaid balance for thirty (30)
days after the recording of the warrant. Each serial bond shall extend over a period
ending nine (9) years from the second day of January next succeeding the next
September 1st following its date. Property owners shall make payments on the
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principal of unpaid assessments and interest to the City Treasurer and the same shall
be disbursed by him/her or as provided in the "Municipal Improvement Act of 1911." In
accordance with Streets and Highways Code Section 6442, the City Treasurer as the
cost of servicing the delinquency may retain the first two percent (2%) delinquency
penalty authorized by such section. This bond may be redeemed by the owner or any
person interested in any lot or parcel of land described herein, at any time before
maturity and before commencement of proceedings for sale, upon payment to the
Treasurer for the holder of this bond of the amount then unpaid on the principal sum,
together with a premium of five percent (5%) of said unmatured principal thereof with
interest thereon (if not previously paid) up to the next succeeding January 2 or July 2,
as the case may be, at the rate named in this bond, and all penalties accrued and
unpaid.
SECTION 6. The City Clerk shall certify to the adoption of this Resolution, and
thenceforth the same shall be in full force and effect.
APPROVED AS TO FORM:
Oft-t-~'
MA HA JO S MOU IE
CI ATTOR Y
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Adopted and approved this 25th day of September, 2007.
Richard Bloom, Mayor
I, Maria Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Resolution No. 10249 (CCS) was duly adopted at a meeting of the Santa
Monica City Council held on the 25th day of September, 2007, by the following vote:
Ayes:
Noes:
Abstain
Absent:
Council members: Genser, Holbrook, McKeown, Shriver
Mayor Bloom
Council members:
Council members:
Council members:
None
None
O'Connor
Mayor Pro Tem Katz
.~--•=.ATTEST:
o~
Maria Stewart, City C erk