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R-7065 . . e e 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 . 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 -------- - - - -- . e e 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 -------- -- -- -- ------- -- ----- , e e 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. --- . - e e 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 ------------------ ---- - -- ---- - -------------------------------------- . . e e 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: ~~.~ C1ty Attorney - . . T -# e e Adopted and approved th1s 13th day of August, 1985. f~~ 1. ~ (- 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 . ATTEST: ~ ~ - -, / . - - ~ '7h..~ City C~erk - - - - ----- -- - -