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R-6915 . . RESOLUTION NUMBER 6915 (CCS) (CITY COUNCIL SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING A HEARING FOR THE PURPOSE OF DETERMINING WHETHER OR NOT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION OF STREET LIGHTING AND DECLARING ITS INTENTION TO CONSTRUCT STREET LIGHTING AND APPURTENANT WORK ON THOSE STREETS SHOWN ON CITY DRAWING NO. 5344, ALL WITHIN THE CITY OF SANTA MONICA. WHEREAS, the C~ty CounCIl of the C~ty of Santa Monica proposes to Ini t~ate proceedings under the Improvement Act of 1911 for the installation of street llght~ngj and WHEREAS, SectIon 19 of Art~cle XVI of the California Const~tution provides that certain specif~ed debt l~mitation and major~ty protest provisions shall not apply ~f, after the giVIng of such reasonable notice by publ icatlon and posting and the holding of such publIC hearing as the City Council of the City of Santa Mon~ca shall have prescrIbed, the C~ty Counc~l by no less than four-fifths vote of all members thereof, finds and determInes that the publ~c conven~ence and necessity requ~re the proposed improvement to be madej and WHEREAS, Streets and Highways Code Sect~on 2804 provides that the "Spec~al Assessment, Invest~gation, LimitatIon and MaJority Protest Act of 1931" shall not apply to any proceeding otherwise subject thereto when sa~d improvement proceeding is by a charter c~ty and sa~d c~ty has complied with the provisions of Sect~on 19 of Article XVI of the California Constitutionj and . . WHEREAS. the City of Santa Monica is a charter city of the State of Californ1a, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. The C1 ty Council proposes to initiate proceed1ngs for the construct10n of street light1ng and appurtenant work on those streets shown on C1ty Drawing No. 5344 and generally known as the 300 and 400 blocks of Eucl1d Street. SECTION 2. The total estlmated cost of the proposed lmprovement is $50,000. SECTION 3. Improvements shall be conducted under the Improvement Act of 1911, Wh1Ch 1S Div1S10n 7 of the Streets and Highways Code of the State of Californ1a. SECTION 4. The proposed work or Improvement in the opinIon of City Council of the CIty of Santa Monica is of more than local or ordinary public benefIt, and the City Council hereby proposes that the d1strict 1n the C1ty of Santa Monica to be benefitted by saId work or improvement and to be assessed to pay one-half of the cost and expense thereof, is shown upon a certa1n map ind1cating the exterIor boundary thereof, WhlCh said DraWIng No. 5345 1S on fIle in the Offlce of the City Eng1neer. The map hereby is referred to and shall govern for all details as to the extent of said assessment district. The assessment district includes in general the lots and parcels descrlbed 1n Section 1 above but reference hereby lS made to said Drawing for . . all details as to the extent of said assessment d1strict and for any variation between the last ment10ned general descript10n and the extent of said assessment district as shown on sa1d map. All public streets or alleys, or portions thereof, hereby are excepted from said district. SECTION 5. The City will pay one-half the cost and expenses of the work descr1bed herein, and the City Controller 1S authorized and d1rected to pay the same 1mmediately upon confirmation of the assessment by the C1ty Counc11. SECTION 6. Serial bonds bearing 1nterest at the rate of 12% per annum shall be 1ssued to represent each assessment of $150.00 or more remainIng unpa1d for 30 days after the recording of the warrant. Sald serial bonds shall extend over a period end1ng nine years from the second day of January next succeeding the next September 1st folloWlng thel.r date. Payments on the principal of unpaid assessments and 1nterest shall be made by property owners to the City Treasurer and the same shall be disbursed by him or as provl.ded in the "Improvement Act of 1911" hereinafter referred to. In accordance w1th Streets and Highways Code Sectl.on 6442, the first two percent delinquency penalty authorIzed by such section shall be reta1ned by the CIty Controller as the cost of servic1ng the de11nquency. SECTION 7. Not1ce is hereby g1ven that on Tuesday, the 9th day of October, 1984, at 7:30 P.M., in the Counc11 Chambers located in the City Hall, 1685 MaIn Street, at 7:30 P.M., ln the Counc11 Chambers located in the 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 necesslty require the above described lmprovement and for the purpose of allowlng any and all persons having any obJectlons to the proposed work or lmprovement to appear and show cause why the said proposed work or improvement should not be carrled out 1n accordance with said Resolut1on of Intent1on. InquirIes concerning this publlC hearlng should be directed to the Department of General Servlces at 458-8287. SECTION 8. The CIty Clerk shall give notice of the hearing by postlng a copy of this 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 lmprovement in wrltlng filed with the City Clerk at any time not later than the hour set for the hear ing in the manner prov ided by Streets and Hlghway Code Sectlon 5220. SECTION 9. The Superintendent of Streets shall cause to be conspicously posted along the 11ne of sald contemplated work or J.mprovement and also along all the open streets wlthin the said dJ.strlct, notice of the passage of thIS ResolutJ.on of Intention in the manner and form prescribed by law. The City Clerk hereby is dIrected to mail notices, in the manner and form prescribed by law, of the adoption of this resolution to all persons owning real property in the hereinbefore described assessment district, whose names and . . addresses appear on the last equalized assessment roll for the C1ty taxes or as known to the City Clerk. SECTION 10. The C1ty Clerk hereby 1S directed to publish th1S resolution in the Even1ng Outlook on two successive dates, the f1rst publication IS to be made not less than ten days prIor to the date of the above public hearing. SECTION 11. Pursuant to Public Contract Code Section 20433, the C1ty Counc1l hereby states that the property owners may not contract for the improvements and that the C1ty shall be responSible for letting and administer1ng the construction contract for this d1strict. SECTION 12. The CIty hereby declares that Community Development Block Grant funds may be applied for payment of assessments on property owned or resided 1n by low to moderate income households. SECTION 13. The City Clerk shall certify to the adopt1on of this resolution and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: _~k.~ U City Attorney . e Adopted and approved this 11th day of September, 1984. ~. ;;;1 :Y Mayor - I hereby certify that the foregolng Resolutlon No. 6915(CCS) was duly adopted by the CIty CouncIl of the Clty of Santa Monica at a meeting thereof held on September 11, 1984 by the followIng Councll vote: Ayes: Councllmembers: Conn, Epstein, JennIngs, Press, Reed, Zane and Mayor Edwards Noes: Councilmembers: None Abstain: Councilmembers: None Absent: Councilmembers: None ATTEST: ~7J?~ City Clerk PROOF OF PUB'" TlON (2015.5 C.C.P') STATE OF CALIFORNIA. County of Los Angeles, I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years. and not a party to or onterested in the above-entitled matter. I am the principal clerk of the printer of the EVENING OUTLOOK .................................................... a newspaper of general circulation, printed and published .~~.::~.~.~:~':':.:.~~~:....... SANTA MONICA In the City of .................................. County of Los Angeles, and which newspaper has been adjudged a newspaper of general CIrculation by the Superior Court of the County of Los Angeles, State of California. under the date of. ~.~~...~~, 19~~.., Case Number ..~~~~~.?.. ....; that the notice, of which the annexed is a printed copy (set .n type not smaller than nonpareill, has been published in each regular and entire Issue of saId newspaper and not in any supplement thereof on the following dates, to-Wit: cent. ;>7-28 .................................................... all in the year 19.8!t.. I certify (or declare) under penalty of pert ury that the foregoing IS true and correct . Dated at... ~.~~~~. ~?~~?~..... ......... ....... C I'f . thO 28 d f e~t 19 8; a I orn~ IS.......... ayo ;.....~., ..... ......M~~~.a~......... FrH cO_ie. of ttlllltl.nk form may H HCurecl from CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House POBox 31 Los Angeles. CA 90053 . Telephone 625-2541 Pleas_ reQuest GEN E RAL Proof of Publication when orderIng thIS form ,. 0eA1-.\ ThIS space is fort.unty Clerk's Filing Stamp ~oof of Publication of RESOLUTION NL'MBER 61115 (CCS) (CITY COUNCIL SERIES) A RESOLUTION OF THE CITY COUNCIL OF the "Improvement Act of 1911" heremafter re- THE CITY OF SANTA MONICA SETTING A ferred to In accordance With Streets and Hlgh- HEARING FOR THE PURPOSE OF DE- ways Code Seetlon 6442, the !lrst two percent TERMINI:oIG WHETHER OR NOT mE PUBLIC delmquency penalty authonzed by such sect.on CONVENIENCE AND NECESSITY REQUIRE shall be retamed by the C.ty Controller as the cost THE CONSTRUCTION OF STREET LIGHTING of servlcmg the delmquency AND DECLARING ITS INTENTION TO CON. SECTION 7 NotIce IS hereby gIven that on STRI;CT STREET LIGHTING AND APPURTE- Tuesday, the 9th day of October, 1984, at 7 30 NA:oIT WORK ON THOSE STREETS SHOWN ON PM, m the CouncIl Chambers located m the City CITY DRAWING NO. 53", ALL WITIIIN THE Hall, 1685 Mam Street, at 7 30 PM, m the CounCil CITY OF SANTA MONICA. Chambers located m the City Hall, 1685 Mam WHEREAS, the City Council of the CIty of Street, Santa Momca. Cahfornla. there shall be a Santa MODIca proposes to mltlate proceedlOgs publIc hearmg before said CIty CouncIl for the under the Improvement Act of 1911 for the 10- purpose of deternuomg whether the publIc conve- stallatlon of street hghtmg, and mence and necessIty requIre the above descnbed WHEREAS. SectLon 19 of Article XVI of the Improvement and for the purpose of allowmg any CalifornIa ConstItutlOn prOVides that certam and all persons havmg any obJections to the specIfIed debt hrrutatlon and maJonty protest proposed work or Improvement to appear and proVISIOns shall not apply If, after the gIVIng of show cause why the Said proposed work or Im- such reasonable notice by gubhcatlOn and I:stmg ~~~~~~n~l~~o~~~d n~s~tl~~r~:~~~tI~~ fu: Co~~~~ ~fl~h; C:t~U~~ ~~l~ ~~~:~: ~~lle ~~~ qWrles concernmg th.s pubhc hearmg should be prescnbed, the CIty CounCil by no less than four. directed to the Department of General ServIces at !Ifths vote of all members thereof, fmds and 458-8287 determmes that the publtc convenIence and SECTION 8 The CIty Clerk shall gIVe notlce of necessIty reqUire the proposed unprovement to be the hearmg by postlng a copy of thiS resolutIOn m made, and the manner deSCribed by Streets and H.ghways WHEREAS. Streets and HIghways Code Section Code SectIOn 5065 and by puhltcatlon as berem- 2804 prOVIdes that the "Special Assessment, In- after prov.ded Any person mterested may make vestlgatlOn, Limitation and MajOrity Protest Act protest agalDst the proposed unprovement lD of 1931" shall not apply to any proceedmg other- wntmg f.led w,tb the City Clerk at any tIme not wise subject thereto when said Improvement later than the hour set for the heanng m the proceedmg IS by a charter city and said Clty has manner prOVided by Streets and Highways Code complted With the provISIons of Section 19 of Section 5220 Article XVI of the CalIfornia Constltutlon, and SECTION 9 The Supenntendent of Streets sball WHEREAS, the CIty of Santa MOnIca IS a cause to be consp.cously posted along the lme of charter cIty of the State of Caltfornla, sa.d contemplated work or .mprovement and also NOW, THEREFORE, TIlE eITY COUNCIL OF along all the open streets Wltlun the said dlStnct, mE CITY OF SANTA MONICA DOES RE- notice of the passage of th.s Resolution of Inten- SOLVE AS FOLLOWS tlon m the manner and form prescribed by law SECTION 1 The CIty CouncJ\ proposes to m- The City Clerk hereby IS directed to maJ\ no- IlIate proceedmgs for the constructlon of street tIees, m the manner and fonn prescnbed by law, ~~~~go~n~lt~Ptj::~~:t N~or~~n ~3s:e~~~!f; ~~~~g ar~~)t~~~~~~~ ~O~~~~~o~~ a:~~t: known as the 300 and 400 blocks of Eucltd Street ed assessment dIStriCt, whose names and ad- SECTION 2 The total estlmated cost of the dresses appear on the last equaltzed assessment proposed Improvement IS $50,000 roll for tbe CIty taxes or as known to tbe CIty SECTION 3 Improvements shaH be conducted Clerk under the Improvement Act of 1911. whIch IS SECTION 10 The CIty Clerk hereby .s directed DIVISIOn 7 of the Streets and H.ghways Code of the to publIsh thIS resolution m the Evenmg Outlook State of Cahforma on two successive dates, the first pubhcatlon IS to m~~CI~I~~ 04pI~~~ ~6fyS~o;~~f ~f~~C:?yV~f be made not less than ten days prIor to the date of tbeSEaCboTvleOpulblhcPuherasurlanngt to Publ.c Contract Code Santa Monica IS of more than local or ordmary N publIc benefit, and the CIty CounCil hereby Section 20433, the CIty CouncJ\ bereby states that proposes that the distrIct In the City of Santa the property owners may not contract for the Momca to be benefitted by said work or Improve- Improvements and that the C.ty shall be ment and to be assessed to pay one-half of the cost responSible for lettmg and admmlStenng the con- ~~~::r,::~s~h~e::!~I~~ s:::d~~nt~e~~~I~~~h sts~grIo~nl~ac~~r ~~; d~::b; declares that saId Drawmg No 5345.s on !lIe m the Off.ce of the CommunIty Development Block Grant funds may CIty Engmeer The map herehy .s referred to and be apphed for payment of assessments on prop- shall govern for all details as to the extent of saId erty owned or reSided In by low- to moderate- assessment dlstnct The assessment distrIct tn- mcome households --- --,- ~ ---- eludes m general the lots and parcels descnbed m SECTION 13 The CIty Clerk shall certify to the SectIon 1 above, but reference hereby IS made to adoption of thiS resolutJon and thereafter the saId Drawmg for all details as to the extent of said same shall be m full force and effect assessment dlslnct and for any varlatlon between APPROVED AS TO FORM the last mentIOned general descnptlOn and the ROBERT M MYERS. extent of saId assessment dIstrict as shown on City Attorney ~~~e~~Phe~~b~u~~~c :~~:~~~'i:~y:~.~r ~[::~f" ':'~~~ed and approved tlus lith day of Septem- SECTION 5 The CIty will pay one-half the cost KEN EDWARDS. and expenses of the work descnbed herem, and Mayor the CIty Controller IS authonzed and dIrected to I hereby certlfy that the foregomg ResolutIOn pay the same ImmedIately upon confIrmatIOn of No 61115 (CCS) was duly adopted by the CIty the assessment by the CIty CounCil CounCIl of the City of Santa MOnIca at a meetmg SECTION 6 Senal bonds beanng mterest at the thereof held on September 11. 1984. by the follow- rate of 12% per annum shall be Issued to represent 109 CouncIl vote each assessment of $150 00 or more remammg Ayes CouncIlmembers Conn. E~tem, Jen- ~!ri~/O~a~ ::1.:1 a::'~t~ha~c~:~J ~$e;h: D1~~~sPr~~~~=~::~ ~o~ayor dwards period endmg nme years from the second day of Abstam Counc.lmembers None January next succeeding the next September 1st Absent Councllmembers None followmg their date Payments <Xl the princ'pal of ATTEST unpaId assessments and interest shall be made by ANN M SHORE, property owners to the CIty Treasurer and the City Clerk same shall be dIsbursed by him or as prov.ded m Pub September 27-28-1984