R-7065
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RESOLUTION NUMBER 7065(CCS)
(CITY COUNCIL SERIES)
A RESOLUTION OF THE CI'fY COUNCIL OF THE CITY OF SANTA
MONICA SErTING A HEARING FOR THE PURPOSE OF DETERMINING
WHE'rHER OR NOT THE PUBLIC CONVENIENCE AND NECESSITY
REQUIRE THE CONSTRUCTION OF STREET LIGHTI~G AND
DECLARING ITS INTENTION TO CONSTRUCT STREET LIGHTING AND
APPURTENANT wORK ON VARIOUS CITY s'rREETS AS SHOWN ON
CI'rY DRAWING NO. 5348, WITHIN THE CITY OF SANTA MONICA.
WHEREAS, the C1ty CounC11 of the City of Santa Mon1ca
proposes to in1t1ate proceedings under the Improvement Act of
1911 for the improvements to streetlighting; and
wHEREAS, Sect10n 19 of Art1cle XVI of the California
Constitution prov1des that certa1n spec1fied debt limltatlon and
maJorlty protest prov1sions shall not apply if, after the gIVIng
of such reasonable notice by publlcatlon and postIng and the
holding of such publIC hearing as the CIty CouncIl of the Clty of
Santa Monica shall have prescrlbed, the City Council by no less
than four-fifths vote of all members thereof, fInds and
determlnes that the publIC convenience and necesslty requlre the
proposed improvement to be made; and
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WHEREAS, Streets and Hlghways Code Section 2804 provides
that the "Speclal Assessment, Investigatlon, LImltatlon and
MaJorlty Protest Act of 1931" shall not apply to any proceeding
otherWlse subJect thereto when sald improvement proceedIng 15 by
a charter Clty and sald CIty has compIled wlth the provlslons of
Sectlon 19 of Artlcle XVI of the Callfornla Constitution; and
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WHEREAS, the CIty of Santa MonIca IS a charter CIty of
the State of California,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOLLOwS:
SECTION 1. The CIty Council proposes to initiate
proceedings for the insta1lat1.on of streetllghting and
appurtenant work on the street shown on C1.ty Drawing No. 5348 and
generally known as:
Berkeley between Santa Mon1.ca and WIlshIre Boulevards
14th Street between Santa Mon1.ca and Wilshire Boulevards
HIll Street between 23rd and 25th Streets
26th Street between Pico and Pearl
CalifornIa Avenue between 18th and 20th Streets
SECTION 2. The to tal estimated cost of the proposed
Improvement 1.S $230,210.
SECTION 3. Improvements shall be conducted under the
Improvement Act of 1911, WhICh 15 DIvIsion 7 of the Streets and
H1ghways Code of the State of CalIfornIa.
SECTION 4. 'rhe proposed work or Improvement In the
opinIon of C1ty CouncIl of the CIty of Santa Monica is of more
than local or ord1.nary public benefit, and tne City Council
hereby proposes that the dIstrIct In the CIty of Santa MonIca to
be benef1.tted by saId work or improvement and to be assessed to
pay one-half of the cost and expense thereof, IS shown upon a
certain map Ind1.catlng the exterIor boundary thereof, wh1ch saId
DrawIng No. 5348 16 on fIle in the Office of the Ci ty Eng ineer .
The map hereby is referred to and shall govern for all details as
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to the extent of sald assessment district. The assessment
dlstrict lncludes in general the lots and parcels descrlbed ln
Sectlon 1 above but reference hereby lS made to sald Drawing for
all details as to the extent of sald assessment dlstrlct and for
any varlation between the last mentioned general descrlptlon and
the extent of sald assessment dlstrlct as shown on sald map~ All
publlC streets or alleys, or portlons thereof, hereby are
excepted from sald dlstrlct.
SECTION 5. The Clty wl11 pay a portion of the cost and
expenses of the work descrlbed herein, and the Clty Controller is
authorlzed and dlrected to pay the same lmmedlately upon
confirmation of the assessment by the Clty CounCll.
SECTION 6. Serial bonds bearlng lnterest at the rate of
12% per annum shall be lssued to represent each assessment of
$150.00 or more remalnlng unpald for 30 days after the recording
of the warrant. Said serlal bond s shall ex tend over a perlod
ending nlne years from the second day of January next succeedlng
the next September 1st following thelr date. Payments on the
princlpal of unpaid assessments and lnterest shall be made by
property owners to the Clty Treasurer and the same shall be
dlsbursed by him or as provlded in the "Improvement Act of 1911"
herelnafter referred to.. In accordance wlth Streets and Hlghways
Code Section 6442, the flrst two percent dellnquency penalty
authorIzed by such section shall be retained by the City
Controller as the cost of servlclng the dellnquency.
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SECTION 7. Notice is hereby gIven that on Tuesday, the
10th day of September, 1985, at 7:30 P.M", In the Council
Chambers located in the CIty Hall, 1685 MaIn Street, Santa
Monica, CalifornIa, there snaIl 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 allowing any and all persons havIng any
obJections to the proposed work or Improvement to appear and show
cause why the saId proposed work or Improvement should not be
carrIed out in accordance with saId ResolutIon of IntentIon.
InquIrIes concerning thIS publIC he ar lng sho uld be dIrected to
the Department of General Services at 458-8287.
SECTION 8.. The City Clerk shall gIve notIce of the
hearIng by postIng a copy of thl.S resolution in the manner
descrIbed by Streets and HIghways Code SectIon 5065 and by
publicatIon as hereInafter provIded. Any person Interested may
make protest against the proposed Improvement In wrItIng flIed
wIth the CIty Clerk at any time not later than the hour set for
the hearIng In the manner provIded by Streets and HIghway Code
Section 5220..
SECTION 9. The SuperIntendent of Streets shall cause to
be consplcously posted along the lIne of saId contemplated work
or Improvement and also along all tne open streets within the
saId dIstrIct, notl.ce of the passage of this Resolution of
IntentIon In the manner and form prescrIbed by law.
The CIty Clerk hereby IS directed to mall notices, in
the manner and form prescrIbed by law, of the adoptIon of thIS
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resolutl.on to all persons ownlng real property l.n the
hereinbefore descrlbed assessment dl.strict, whose names and
addresses appear on the last equalized assessment roll for the
Cl.ty taxes or as known to the Cl.ty Clerk.
SECTION 10. The Cl.ty Clerk hereby 1S d1rected to
pub11sh th1s resolut10n 1n the Even1ng Outlook on two succeSS1ve
dates, the f1rst publicatl.on 1S to be made not less than 15 days
pr10r to the date of the above publlc hearl.ng.
SECTION 11. Pursuant to Publl.c Contract Code Section
20433, the Cl.ty Council hereby states that the property owners
may not contract for the 1mprovements and that the Clty shall be
responsl.ble for letting and admin1ster1ng the construction
contract for thlS dlstrict.
SECTION 12. The City hereby declares that Community
Development Block Grant funds may be app11ed for payment of
assessments on property owned or res1ded 1n by low to moderate
1ncome households.
SECTION 13. The City Clerk shall cert1fy to the
adoption of th1s resolut1on and thereafter the same shall be in
full force and effect.
APPROVED AS TO FORM:
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C1ty Attorney
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Adopted and approved th1s 13th day of August, 1985.
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(- Mayor
I hereby certify that the foregoing Resolut10n No. 7065(CCS)
was duly adopted by the City Council of the City of Santa Monica
at a meeting thereof held on August 13, 1985 by the following
Counc1l vote:
Ayes: Councilmembers: Conn, Epste1n, Jennings, Katz,
Zane and Mayor Reed
Noes: Councilmembers: None
Abstain: Councilmembers: None
Absent: Councilmembers: Edwards
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ATTEST: ~
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~ '7h..~
City C~erk
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