R10736Attachment A
City Council Meeting March 12, 2013 Santa Monica, California
RESOLUTION NUMBER 10736 (CCS)
(CITY
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
APPROVING ASSESSMENT DIAGRAM DEPICTED IN CITY ENGINEER'S
DRAWING SERIES NO. 10109 -A AND CONFIRMING ASSESSMENT COSTS
FOR THE STREET LIGHTING IMPROVEMENTS ON 15th 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
lighting improvements on 15th Street from Montana Avenue to Alta Avenue in
the City of Santa Monica; and
WHEREAS, the proceeding is more fully described in the Resolution
Number 10364 (CCS) adopted by the City Council on November 25, 2008;
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,
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 lighting improvements 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 3.25% 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 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:
Adopted and approved this 12th day of March, 2013.
Terry O'Day, Mayor Pro
I, Sarah P. Gorman, City Clerk of the City of Santa Monica, do hereby certify that
the foregoing Resolution No. 10736 (CCS) was duly adopted at a meeting of the Santa
Monica City Council held on the 12th day of March, 2013, by the following vote:
AYES: Councilmembers: Davis, McKeown, Winterer
Mayor Pro Tern O'Day
NOES: Councilmembers: None
ABSENT: Councilmembers: Holbrook, Vazquez, Mayor O'Connor
ATTEST:
Sar P. Gorman, City Clerk