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R-9021 - e EPWM:CP.AA:RS:sm.cc1446s2 [s.\sp1446] Councll Meetlng' Aprll 23, 1996 Santa Monica, California RESOLUTION NUMBER 9021 (CITY COUNCIL SERIES) A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING A PUBLIC HEARING ON July 9, 1996 FOR THE PURPOSE OF DETERMINING WHETHER OR NOT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION OF STREETLIGHTING AND DECLARING ITS INTENTION TO CONSTRUCT STREETLIGHTING AND APPURTENANT WORK ON VARIOUS CITY STREETS AS SHOWN ON CITY DRAWING NO. 10061 WITHIN THE CITY OF SANTA MONICA WHEREAS, the City Council of the City of Santa Monica proposes to initiate proceedings under the Improvement Act of 1911 and Government Code for streetlight installation on: 23rd Street 29th Street - from Arizona Avenue to Wilshire Blvd. - from Ocean Park Boulevard to Pearl Street - from Wilshire Boulevard to Washington Avenue Prlnceton Street WHEREAS, Section 19 of Artlcle XVI of the Californla Constltutlon provides that certain specified debt llmitation and ma]Orlty protest provisions shall not apply, lf after the giving of such reasonable notice by publicatlon and posting and the holding of such publlc hearlng as the City Councll of the City of Santa Monlca shall have prescribed, the City Council by no less than four-fifths vote of all members thereof flnds and determlnes that the public convenience and necessity require the proposed lmprovements to be made; and e e WHEREAS, Streets and Hlghways Code Section 2804 provides that the "Speclal Assessment, Investlgatlon, Limitation and Majority Protest Act of 1931" shall not apply to any proceeding otherwise subject thereto when said improvement proceeding is by a charter city and sald Clty has complied with the provisions of Section 19 of the Article XVI of the Callfornla Constltutloni and WHEREAS, the City of Santa Monica is a charter City of the State of Californla, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. The Clty Councll proposes to initiate proceedings for the lnstallation of streetlightlng and appurtenant work on the streets shown on City Drawing No. 10061 and generally known as FY 1995-96 (Phase VII) Construction of High Pressure Sodium streetllght systems on: 23rd Street 29th Street - from Arizona Avenue to Wilshire Blvd. - from Ocean Park Boulevard to Pearl Street - from Wilshire Boulevard to Washington Avenue PrlDcetoD Street SECTION 2. The total estimated cost of the proposed lmprovement 18 $155,500. estlmated at $77,750. The property owners' share of cost is e e SECTION 3. Improvements shall be conducted under the Improvement Act of 1911 which is Division 7 of the Streets and Highways Code of the State of California. SECTION 4 The proposed work or lmprovement in the opinion of Clty Council of the Clty of Santa Monlca lS of more than local or ordlnary publlc beneflt, and City Council hereby proposes that the district in the City of Santa Monica to be benefitted by said work or 1mprovement and resident1al properties to be assessed to pay one-half of the cost and expense thereof, at approximately $16 00 per front footage for standard streetlights with the Clty also paying one-half of the cost at approxlmately $16.00. Non- residential properties (commercial and/or industrlal) f are to be assessed to pay 100% of the cost or approximately $32.00 per front footage. ThlS dlstr1ct 1S shown upon a certain map indicating the exterior boundary thereof, which said Drawing No. 10061-A is on file in the Office of the City Eng1neer. The map hereby is referred to and shall govern for all details as to the extent of said assessment distrlct. The assessment district includes in general the lots and parcels described in Sectlon 1 above but reference hereby is made to sald Draw1ng for all details as to the extent of sald assessment distrlct and for any variation between the last mentioned general description and the extent of said assessment district as shown on said map. All publ1C streets or alleys, or portions thereof, hereby are excepted from said district. e e SECTION 5. The Clty will pay a portion of the cost and expenses of the work descrlbed herein, and the City Controller is authorized and directed to pay the same immediately upon conflrmation of the assessment by City Council. SECTION 6. Serial bonds bearing interest at the rate 8.75% per annum shall be lssued to represent each assessment of One Hundred Fifty Dollars ($150.00) or more remalnlng unpald for thirty (30) days after the recording of the warrant. Each serial bond shall extend over a period endlng nine (9) years from the second day of January next succeeding the next September 1st following its date. Payments on the principal of unpaid assessments and interest shall be made by property owners to the City Treasurer and the same shall be dlsbursed by him/her or as provided in the Improvement Act of 1911 herelnafter referred to. In accordance with Streets and Highways Code Section 6442, the first two percent (2%) delinquency penalty authorized by such section may be retained by the City Controller as the cost of servicing the delinquency. Thls bond may be redeemed by the owner or any person lnterested 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 thlS bond, of the amount then unpald on the prlnclpal sum, together with a premium of five (5) percent of sald unmatured principal, thereof with interest thereon (if not previously pald) up to the next succeedlng January 2 or July 2, as the case may be, at the rate named in this bond, e e and all penalties accrued and unpaid. SECTION 7. Notice is hereby glven that on Tuesday, the 9th day of July, 1996 at 6:30 p.m., in the Clty Council Chambers located in City Hall, 1685 Main Street, Santa Monica, California, there shall be a public hearing before said City Council for the purpose of determining whether the public convenience and necessity require the above-described improvement and for the purpose of allowlng any and all persons having any objections to the proposed work or lmprovement to appear and show cause why the said proposed work or lmprovement should not be carrled out ln accordance with sald Resolution of Intention. Inquiries concernlng th1S public hearing should be directed to the Department of Environmental and Public Works Management, Engineering Division, at (310)458-8721. SECTION 8 The City Clerk shall give notice of the hearlng by posting a copy of this Resolution in the manner described by Streets and Highways Code Section 5065 and by publication as herelnafter provided. Any lnterested person may protest against the proposed improvement ln writing filed with the City Clerk at any tlme not later than the hour set for the hearing in the manner provlded by Streets and Hlghways Code Section 5220. SECTION 9. The Superintendent of Streets shall cause to be consplcuously posted along the line of said contemplated work or improvement and also along all the open streets within the sald distrlct, notice of the passage of this Resolutlon of Intention ln the manner and form prescribed by law. ft e e The City Clerk hereby lS directed to mail noticesl in the manner and form prescribed by law, of the adoption of thlS Resolutlon to all persons owning commercial I industrlal, or residential real property in the herelnbefore described assessment dlstr1ct, whose names and addresses appear on the last equalized assessment roll for the City taxes or as known to the City Clerk. SECTION 10. The City Clerk hereby is directed to publish this Resolutionl in accordance w1th Government Code Section 6063, 1n The Outlook, once a week for three succeSSlve weeks, with at least five days intervening between the respectlve publication dates, not counting the first day of publlcatlon and terminates at the end of the twenty-flrst day, including therein the flrst date. The first publication is to be made not less than forty-flve (45) days prior to the date of the above publlc hearlng. SECTION 11. Pursuant to Public contract Code Section 20433, the City Councll hereby states that the property owners may not contract for the improvements and that the City shall be responsible for letting and admlnistering the construction contract for thlS dlstrlct. SECTION 12 The City hereby declares that Community Development Block Grant (CDBG) funds may be applied for payment of assessments on property owned by low-to-moderate income households. e e SECTION 13. The City Clerk shall certify to the adoption of thlS Resolut1on, and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: e e Adopted and approved thiS 23rd of Apnl, 1996 ~~.~ . Mayor I hereby certIfy that the foregomg ResolutIOn 9021 (CCS) was duly adopted at a meetmg of the City CouncIl held on the 23rd of Apnl, 1996 by the followmg vote Ayes Counctlmembers Abdo, Ebner, Genser, Greenberg, Holbrook, O'Connor Rosenstem Noes Councllmembers None Abstam Counctlmembers None Absent CouncIlmembers None ATTEST '- ~ ~~~~ I CIty Cl~k