SR-506-002 (4)
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CA:RMM:rmlmprov
CIty CouncIl Meeting 11-13-84
Santa MonIca, CalIfornIa
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STAFF REPORT
tffiv 1 3 J984
TO:
Mayor and CIty CouncIl
FROM:
CIty Attorney
SUBJECT:
OrdInance AddIng MunICIpal Code
Section 7171 to PrOVide That All Payments
Under the Improvement Act of 1911 Be
Made to the CIty of Santa MonIca and
AmendIng OrdInance Number 1300 (CCS)
RelatIng to Street LIghtIng PetItIons
The CIty of Santa MonIca undertakes varIOUS activitIes
under the Improvement Act of 1911.
In most SItuatIons, the
CIty
Invokes the proviSIons of Chapter 22 relatIng to
maIntenance
of
SIdewalks
and
Chapter 27 relatIng to
constructIon of sidewalks, curbs and other Improvements.
Both
of these Chapters prOVIde varIOUS methods of paYIng for the
costs of improvements IncludIng assessments, lIens, collectIon
WIth taxes and Issuances of bonds.
All collectIon actIVItIes
are undertaken dIrectly by the CIty.
In other SItuatIons, the CIty utIlIzes the regular and
more complex prOVISIons of the Improvement Act of 1911. For
example,
the street lIghtIng proceedIngs recently commenced
were
InItIated
under
these
procedures.
Under these
procedures, when the contractor has completed InstallatIon of
the Improvements,
It
IS the InItIal responsIbilIty of the
contractor to bIll the prIvate property owners for payment.
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NOV 1 3 1981
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When payment IS not made wIthIn thIrty days, the CIty Issues
bonds and assumes all collectIon actIVIty.
In the opInIon of
CIty Staff,
the InItIal bIllIng by prIvate contractors for
publIC
Improvements
creates confUSIon WIth the publIC.
AccordIngly,
pursuant to the authorizatIon contained in
Streets and HIghways Code Section 5396,
the accompanying
ordInance has been prepared to prOVIde that the InItIal
bIllIng responsibIlIty shall rest WIth the SuperIntendent of
Streets rather than WIth the prIvate contractor.
On a related SUbJect, the CIty CounCIl adopted OrdInance
Number 1300
(ecs) on March 13,
1984, addIng SectIon 7160 to
the Santa Monica MuniCIpal Code relatIng to InstItutIon of
ReSIdentIal Street LIghtIng Improvement ProceedIngs by tenant
petItIon.
The sectIon should have been numbered 7170 rather
than 7160.
The accompanYIng ordInance makes the necessary
technIcal correctIon reqUIred.
RECOMMENDATION
It IS respectfully recommended that the accompanYIng
ordinance be introduced for fIrst reading.
PREPARED BY: Robert M. Myers, CIty Attorney
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CA:RMM:rmlmprov
City CouncIl MeetIng 11-13-84
Santa MonIca, CalIfornIa
ORDINANCE NUMBER
(City Gouncll Series)
AN ORDINANCE OF THE CITY COUNCIL or THE CITY
OF SANTA MONICA ADDING SECTION 7171 TO THE
SANTA MONICA MUNICIPAL CODE RELATING TO
PAYMENTS TO THE STREET SUPERINTENDENT UNDER
THE IMPROVEMENT ACT OF 1911 AND AMENDING SECTION
7160 OF THE SANTA MONICA MUNICIPAL CODE, AS
ADOPTED BY ORDINANCE NUMBER 1300 (CCS), TO
RENUMBER THE SECTION AS 7170
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN
AS FOLLOWS:
SECTION 1.
SectIon 7171 IS hereby added to the Santa
MonIca MunICIpal Code to read as follows:
SectIon
7171.
Payments
to
Street SuperIntendant.
Pursuant to
Street and HIghways Code SectIon 5396,
all payments made upon any assessment
and warrant WIthIn thIrty (30) days of
the recordation thereof under the
Improvement Act of 1911 shall be made
to the SuperIntendents of Streets, who
shall mall a statement to each owner
of real property WIthin the assessment
dIstrIct whose name appears on the
last equalized assessment roll, at the
address appearIng on saId roll or on
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file In the offlce of the Clerk, or to
both such addresses, If they are not
the same.
The statement shall contaln
a deslgnatIon of the property assessed
by
street
number,
or some other
descriptIon suffICIent to enable the
property
owner
to
ldentlfy
the
property,
statement of the amount of
the assessment, and the tIme and place
of payment, the effect of failure to
pay wIthIn such tIme and that, If
bonds are to be issued, a statement of
that fact, deSIgnatIng the prOVISIons
of law pursuant to WhICh such bonds
are to be Issued.
SECTION 2.
SectIon 7160 of the Santa MonIca MunICIpal
Code) as adopted by OrdInance Number 1300 (CCS), is renumbered
as Section 7170 to read as follows:
SectIon 7170.
InstltutIon of
ReSIdentIal
Street
LIahtlna
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Improvement
Proceedings
by Tenant
PetItIon.
Whenever the occupants of
SIxty percent of the reSIdentIal unIts
in any area petItIon the City CounCIl
to
InstItute
proceedIngs
for
reSIdentIal
street
lIghtIng
Improvement,
the Clty CounCIl shall
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Institute
proceedings
under
the
Improvement Act of 1911 to provide
resIdential street lighting to such
area.
The petition shall be on the
form
approved by the DIrector of
General Services.
SECTION 3.
Any provIsion of the Santa Monica MunIcIpal
Code or appendices thereto Inconsistent WIth the provisions of
thIS ordInance, to the extent of such Inconsistencies and no
further,
IS hereby repealed or modIfIed to that extent
necessary to affect the provIsIons of thIS ordinance.
SECTION
4.
If any sectIon,
subsectIon,
sentence,
clause,
or phrase of thIS ordInance is for any reason held to
be InvalId or unconstItutional by a deCISion of any court of
competent JurIsdiction,
such deCiSion shall not affect the
valIdity of the remaIning portions of the ordinance.
The CIty
CouncIl hereby declares that
it would have passed thIS
ordinance and each and every section, subsection, sentence,
clause or phrase not declared Invalid or unconstItutIonal
without regard to whether any portIon of the ordinance would
be subsequently declared invalid or unconstitutional
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SECTION 5. The Mayor shall sIgn and the CIty Clerk
shall attest to the passage of thIS ordInance. The CIty Clerk
shall cause the same to be publ1 shed once In the offICial
newspaper WithIn 15 days after Its adoption. The ordInance
shall become effectIve 30 days from its adoptIon
APPROVED AS TO FORM:
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Cf'~~
ROBERT M. MYERS
CIty Attorney
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