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R-6898 . . ..- RESOLUTION NUMBER 6898(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 City Council of the City of Santa Monica proposes to initiate proceedings under the Improvement Act of 1911 for the installation of street lighting; and WHEREAS, Section 19 of Article XVI of the Cal1fornia Constitut1on provides that certain specified debt limitation and maJority protest prOVisions shall not apply if, after the giVing of such reasonable notice by publication and posting and the holding of such publiC hearing as the City CounCil of the City of Santa Monica shall have prescribed, the City CounCil by no less than four-fifths vote of all members thereof, finds and determines that the publiC convenience and neceSSity require the proposed improvement to be made; and WHEREAS, Streets and Highways Code Section 2804 provides that the "Special Assessment, Investigation, Limitation and MaJority Protest Act of 1931" shall not apply to any proceeding otherWise subject thereto when said 1rnprovernent proceed1ng 1S by a charter city and said City has complied with the prOVisions of Section 19 of Art1cle XVI of the California Constitution; and WHEREAS, the City of Santa Monica is a charter city of the State of California, . . NOW t THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. The Cl ty Counc 11 proposes to initiate proceedlngs for the construction of street llghtlng and appurtenant work on those streets shown on City Drawlng No. 5344 and generally known as: 1. 25th Street between P1CO ~nd Pearl 2. Strand Street between 6th and Lincoln 3. Princeton between Santa Monlca Boulevard and Colorado, and 4. The area bounded by Harvard Court, centerline of Santa Monlca Boulevard, centerline of Centinela and Colorado Place South. 5. Euclld Street between Broadway and Colorado Avenue - commerlcal propert1es only. SECTION 2. The total estimated cost of the proposed lmprovement 15 $380,000. SECTION 3. Improvements shall be conducted under the Improvement Act of 1911, WhlCh lS DivlSlon 7 of the Streets and Hlghways Code of the State of Callfornla. SECTION 1+. The proposed work or improvement in the opin1on of Clty Council of the City of Santa Monica is of more than local or ordinary public benefit, and the City Council hereby proposes that the dlstrlct in the Clty of Santa Monlca to be benefitted by said work or improvement and to be assessed to pay one-half of the cost and expense thereof, lS shown upon a certaln map indicating the exterior boundary thereof, which said Drawing No. 5344 is on file ln the Office of the City Engineer. The map hereby is referred to and shall govern for all details as to the extent of said assessment distrlct. The assessment e . district includes in general the lots and parcels descrlbed in Section 1 above but reference hereby lS made to said Drawlng for all deta1ls as to the extent of sald assessment distrlct and for any var1ation between the last mentloned general description and the extent of sald assessment distrlct as shown on sa1d map. All publlC streets or alleys, or portlons thereof, hereby are excepted from said dlstrlct. SECTION 5. The Clty will pay one-half the cost and expenses of the work descrlbed harein, and the City Controller lS authorlzed and dlrected to pay the same lmmediately upon confirmation of the assessment by the Clty Council. SECTION 6. Serial bonds bearing lnterest at the rate of 12% per annum shall be lssued to represent each assessment of $150.00 or more remainlng unpald for 30 days after the recordlng of the warrant. Said serial bonds shall extend over a period ending nlne years from the second day of January next succeedlng the next September 1 st following their date. Payments on the principal of unpald assessments and interest shall be made by property owners to the Clty Treasurer and the same shall be disbursed by him or as provlded in the "Improvement Act of 1911" hereinafter referred to. In accordance with Streets and Highways Code Section 6442 t the flrst two percent dehnquency penalty authorlzed by such sectlon shall be retalned by the City Controller as the cost of servicing the delinquency. SECTION 7. Notice 18 hereby given that on Tuesday, the 11th day of September, 1984, at 7 :30 P.M., in the Council . e Chamber s located In the CIty Hall t 1685 Main Street, at 7: 30 P.M., In the Council Chambers located In the CIty Hall, 1685 Main Street, Santa MonIca, California, there shall be a public hearing before saId City Counc1l 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 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 pUbl1c hearIng should be d1rected to the Department of General SerVIces at 458-8721. SECTION 8. The City Clerk shall give notIce of the hearIng by posting 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 Improvement In writing fIled 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 1mprovement and al so along all the open streets wi thin the said dIstrict, notIce of the passage of this Resolution 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 e . hereinbefore descr1bed assessment distr1ct, whose names and addresses appear on the last equa11zed assessment roll for the City taxes or as known to the City Clerk. SECTION 10. The City Clerk hereby 1S d1rected to publ1Sh this resolutlon in the Even1ng Outlook on two succeSSIve dates, the first publicatIon is to be made not less than ten days prior to the date of the above public hearing. SECTION 11. Pursuant to PubllC Contract Code Section 20433, the Cl ty Councll hereby states that the property owners may not contract for the 1mprovements and that the City shall be responsIble for lettIng and admInlster1ng the construction contract for thIS distrIct. SECTION 12. The City hereby declares that Communl ty Development Block Grant funds may be applIed for payment of assessments on property owned or reslded In by low to moderate Income households. SECTION 13. The City Clerk shall certify to the adoptIon of this resolutIon and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: Qw~ ~ "~.. ...~. ..,,,,..,,,,.~ ,~ <, City Attorney . . Adopted and approved this 14th day of August, 1984. , Mayor Pro Tempore I hereby certlfy that the foregoing Resolution No. 6898(CCS) was duly adopted by the City Councll of the City of Santa Monica at a meeting thereof held on August 14, 1984 by the following Council vote: Ayes: Councilmembers: Conn, Epstein, Jennlngs, Press and Zane Noes: Councilmembers: None Absent: Councilmembers: Reed and Mayor Edwards Abstain: Councilmembers: None ATTEST: ~ }~Jd!;~ Ci ty' dlerk PROOF OF PUBLIC.elON (2015..5 c. c. P.) STATE OF CAl.IFORNIA. County at !..os Angeles. I am a c:rtizen of the UnIted States and a reslcler'rt of the County aforesaid: I am over the age of eighteen years. and not a party to or interested in the above.entitled matter. I am the princ:ipal clerk at the prInter of the EVENING OUTLOOK I ( ( a newspa""" of general clreulation. ~inTec r ( and published ..J?A~!-X.JF:.S~f.~.fRtlp.~r....... h Oi b< tI . th City t SANTA NONICA In e I 0 .................................. County of Los Angetes. and which newSQaoer has been adludged a newspaper of general c:il"culatton by the Superlar CQurt of the O:lunty of !..as Angeles. State of California, underthedateof.f.~..~?, 19 .~~., Case Number ....}.~~~.1(L.; thatthenatic:e. ot which the ann.,ced is a !:Irinted c=Qy (set Fn type not smaller than non~refl)' "as been publiShed in each regular and entl~ Issue of said newspaper and not in any supplement thereot on the fotlowing dates. to-wIt: ;"'U;.lJst ;'0-31 all in the year 19...q~. I certify (or declare) under penalty of perlul"Y that the foregOing is tMJe and C::Ol"l"ed. Date:! at ....~'Ff...~!J.l'!!f~..................... ~Jl "U st 84 California. thIS.:........d.y ot ........' 19..... ........~.~:~~..... ......, I ~t9nrU ......-_ ef tltls __ iwm In.., .. _"...,.. CALiFORNIA New5PAP~R SIERV'CE BUREAU, INC. I.egal Advertismg ClearIng House P O. Boll 31 LOI Angeles. C.A 90053 T.I~ha". 625.2541 .......I'HV", G.,..RA'- JI?'lI<>t... _iC_ .."... ortl....n' '"1& tOflll, J ThIs s~ace is for the entv Cleric's Filing Stamp C>AI../ RECEiVE..;J OFFICE OF THE CITY CLEQK "84 SEP -4 AlO :05 SANT A MONICA, l.ALlF. XSl lNCIL OF TfINGA OF DE- : PUBLIC ..... EQUIRE GHTlNG ro CON. 'PURTE- ~WN ON IN THE City of :eedmgs tbe Ill- Se th' lm re~ str S Cor he, ert} mee Si ado~ sarI\< APP ROB Otv Ade 1984 of the certam protest vmg of )()Iltmg" Ie CIty t have I four- s and , and to be 'ctlon t, In- tAct tber- , nent I has I 9 of ld s a I he No 61 Counc' thereo Cound Ayes nmgs, Noes Absel ; Edwan Absu ATTES ()F lE- m- !et lts 'Iy 'd Pub A\ r ,f -