SR-7-B (4)
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7-13
19 October 1981
C1.ty Clerk
C1.ty Hall
1685 Ma1.n Street
Santa Monica, Cal1.f
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90401
GCT 2 7 1981
Re: Sidewalk Assessment D1.strict 5R 81-20
Dear Sirs:
This
sidewalk at 416
is to protest the bill for repair to the public
23rd Street.
The city-owned trees along the parking strip had
caused marked elevation of the sidewalk above the driveway level.
This was a safety hazard as ch1.1dren and adults repeatedly tripped
over and fell over the sidewalk.
At the time of the repair, the city wmrkmen demonstrated
that the elevat1.on was caused by the city owned trees in the parking
strip.
We feel that the city has been n~gligent in not caring
for their own trees properly. We are further concerned that this
will be a recurr1.ng problem over which we have no managerial or
legal control and for which we are expected to bear the costs.
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Because the damage to the sidewalk~ot due to any
negl1.gence on our part, but rather damage caused by city-owned
property to other city-owned property, we feel that we should not
be burdened w1.th these casts.
Sincerely.
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William J. Wblfe
416 23rd Street
5s"ta Monica, CA 90402
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OCT 2 7 1981
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DISTRIBUTION OF RESOLUTION #
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ORDINA\fCE if
Counc il f-Ieeting Date /,;: - 2 7
Agenda Item # ~- ~--~3
Introduced:
Adopted:
Was it amended?
'.....______1L c.~.
VOTE:
Affirmative:
Negative:
Abstain:
Absent:
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DISTRIBUTION:
'1
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ORIGIKAL to be signed, sealed and flIed in Vault.
NEWSPAPER PUBLICATIOX (Date:
Department originating staff report (~'j?/}7___Lz~
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City Attornev l.~~~,,-<}~ct -C:F~..; f/~ )
f _ _ /
Agency mentioned In docu~ent or staff report
)
)
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1
(certified?)
SubJect flle (agenda packet)
1
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Counter file
1
Others'
Airport
Parklng Allth.
Auditorum
Personnel
BUllding Dept.
Plannlng
Emaron. Serv.
Pollce (en-
forcement")
Flnance
Flre
Purchaslng
Recr/Parks
General Servo
Library
Transportatlon
Treasurer
Nanager
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SEND .J.l'?(J COPIES OF ALL ORDIi'/ANCES
TO CODED SYSTEMS Attn Peter M~€lea~e
PROFESSIONAL 'CEXTER Total Others'
ROUTE 71
BRIELLE, NEK JERSEY 08730
TOTAL COPIES
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RESOLUTION NO. 6382
(CITY COUNCIL SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA CONFIR~ING THE REPORT OF THE
SUPERINTENDENT OF STREETS REGARDING REPAIRS TO
DAMAGED SIDEWALKS, DRIVEWAYS AND CURBS
(SR-80-20)
WHEREAS, the Street Superintendent of the City of Santa
Monica, pursuant to Section 5600 to 5630 of the Streets and
Highways Code, commenced proceedings to cause the repair of
damaged sldewalks, driveways and curbs in the City of Santa
Monica; and
WHEREAS, sixty days after said order was served, the
work had not been completed by the owners or persons in possession
of the affected properties, and the Superintendent of Streets
caused the work to be done; and
WHEREAS, the Superintendent of Streets gave the notice
required by Section 5616 of the Streets and Highways Code; and
WHEREAS, the Superintendent of Streets did file with the
City Council of the City of Santa Monica his report of repairs and
cost as required by Section 5617 of the Streets and Highways Code;
and
WHEREAS, upon the day and hour fixed for hearing by
Resolution Number 6363 (CeS), the City Council of the City of
Santa
Monica
heard
and
oassed
upon the report of the
Superintendent
of Streets together with all Objections and
protests as required by Section 5618 of the Streets and Highways
Code;
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES HEREBY RESOLVE AS FOllOWS:
SECTION 1. That the report of the Superintendent of
Streets ~eretofore filed and above-described be and the same is
hereby confirmed.
SECTION 2. That all protests and objections of every
kind and nature to the report of the Superintendent of Streets be
and the same are hereby overruled and denied.
SECTION 3. That the cost of the repairs, as set forth
in the report of the Superintendent of Streets, shall be assessed
against the properties therein described, which properties front
upon the sldewa1k upon which the repairs were made.
SECTION 4. That if such assessment is not paid withln
the time permitted by law, the same shall constltute a special
assessment against and lien on the properties therein described,
in the amount set forth in the report of the Superintendent of
Streets, which lien shall continue until the assessment and all
interest thereon is paid or until it is discharged of record.
SECTION 5. That if the asssessment is not paid withln
the time permitted by law, the Superintendent of Streets, in
accordance with Section 5628 of the Streets and Highways Code,
shall deliver a Notice of lien, prepared in the manner required by
Section 5626 of the Streets and Highways Code, to the County
Auditor who shall collect the assessment together with all other
taxes against the property.
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SECTION 6.
That the City Clerk shall certify to the
adoption of this resolution and thenceforth and thereafter the
same shall be in full force and effect.
APPROVED AS TO FORM~
~-r h. . '--...-
Clty Attorney (J
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ADOPTED ~ND APPROVED THIS
27th
DAY
OF
O:tober
. 1 981 .
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I HEREBY CERTIFY THAT THE FOREGOI~G RESOLUTION
NO. 6382
WAS DULY ADOPT~Q BY THE CITY COUNCIL O~ TnE
CITY OF SANTA ~ONICA AT A REGULAR MEETING THEREOF HELD ON
O:tober 27
. 1981 BY THE FOLLO'.HNG COUNCIL VOTE:
A YES:
COUNCILMEMBERS:
Conn, Edwards, Press, Reed, Zane,
~layor Yannatta Goldway
HOES: CQUNCIlMEMBERS:
:--lone
ABSENT: COUNCILHEHBERS:
Jennings
ABSTAIN: COUNCILMEMBERS:
None
ATTEST:
~, 7JuLJcfr?<-<----
CITY CLERK