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SR-506-002 (4) . 5"t?~-OLJZ . CA:RMM:rmlmprov CIty CouncIl Meeting 11-13-84 Santa MonIca, CalIfornIa f-A 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. 1 f-f1 NOV 1 3 1981 . . 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 2 . . 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 1 . . 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 - - 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 2 . . 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 3 . . 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: ~'--.~ Cf'~~ ROBERT M. MYERS CIty Attorney 4