R-9021
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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
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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
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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.
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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,
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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.
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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.
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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:
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Adopted and approved thiS 23rd of Apnl, 1996
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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
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CIty Cl~k