Loading...
R-7006 . , . . RESOLUTION NUMBER 7006(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 LA MESA DRIVE SHOWN ON CITY DRAWING NO. 5345, WITHIN THE CITY OF SANTA MONICA. WHEREAS, the Clty Council of the Clty of Santa Monica proposes to wi tiate proceedings under the Improvement Act of 1911 for the improvements to streetllghtingj and WHEREAS, Section 19 of Article XVI of the Callfornia Constitutlon 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 holdlng of such public hearlng as the City Councll of the City of Santa Monica shall have prescrlbed, the Clty Counc il by no less than four-flfths vote of all members thereof, finds and determines that the pUblic convenience and neceSSity require the proposed improvement to be madej and WHEREAS, Streets and Highways Cod~ Sectlon 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 improvement proceeding is by a charter city and said city has complied with the prOViSions of Section 19 of Article XVI of the California Constitution; and --- ------ . . WHEREAS, the C~ty of Santa Monica is a charter Clty of the State of Callfornia, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. The Clty Counc il proposes to initiate proceedings for the improvements to streetllghting and appurtenant work on the street shown on Clty DrawIng No. 5345 and generally known as La Mesa Drive. SECTION 2. The total estlmated cost of the proposed Improvement IS $155,000. SECTION 3. Improvements shall be conducted under the Improvement Act of 1911, which is DlVision 7 of the Streets and HIghways Code of the State of Ca11fornia. SECTION 4. The proposed work or Improvement in the opln~on of Clty Councll of the City of Santa Monlca is of more than local or ordlnary pUblic - benefit, and the City CouncIl hereby proposes that the dIstrict in the City 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 certaln map indlcating the exterior boundary thereof, which said Draw~ng No. 5345 is on file 1n the Office of the City Engineer. The map hereby is referred to and shall govern for all details as to the extent of sald assessment dlstrict. The assessment dlstrlct 1ncludes In general the lots and parcels descrlbed In Section 1 above but reference hereby is made to sald Drawing for . . all detaJ.ls as to the extent of saJ.d assessment district and for any varJ.ation between the last mentJ.oned general description and the extent of saJ.d assessment dJ.strJ.ct as shown on said map. All public streets or alleys, or portJ.ons thereof, hereby are excepted from saJ.d dlstrict. SECTION 5. The City will pay a portion of the cost and expenses of the work described hereln, and the CJ.ty Controller J.s authorlzed and dlrected to pay the same immedlately upon conflrmatlon of the assessment by the Clty Council. SECTION 6. Serlal bonds bearJ.ng interest at the rate of 12% per annum shall be issued to represent each assessment of $150.00 or more remalnlng unpaid for 30 days after the recordlng of the warrant. Said serlal bond s shall extend over a perlod endlng nlne years from the second day of January next succeedlng the next September 1st following their date. Payments on the principal of unpald assessments and interest shall be made by property owners to the City Treasurer and the same shall be disbursed by him or as provided 1n the "Improvement Act of 1911 " here1nafter referred to. In accordance wJ.th Streets and Hlghways Code Sectlon 6442, the fust two percent delJ.nquency penalty author1zed by such section shall be retalned by the City Controller as the cost of serv1cing the delinquency. SECTION 7. Notice 1S hereby given that on TueSday, the 28th day of May, 1985, at 7:30 P.M. , in the Councll Chambers located in the Clty Hall, 1685 MaJ.n Street, Santa Monlca, California, there shall be a publlC hear1ng before said Clty -------------------- - ---- ----------- ------- . . . 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 havlng any obJect1ons 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 w1th said Resolution of Intention. Inqu1ries concernIng thIS public hear1ng should be duected to the Department of General Services at 458-8287. SECTION 8. The City Clerk shall give not1ce of the hear1ng by posting a copy of th1S resolution in the manner descrIbed by Streets and HIghways Code Section 5065 and by publicat10n 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 1n the manner prOVIded by Streets and Highway Code SectIon 5220. SECTION 9. The SuperIntendent of Streets shall cause to be conspicously posted along the lIne of said contemplated work or improvement and also along all the open streets within the said d1strIct, notice of the passage of th1S Resolution of Intention in the manner and form prescribed by law. The City Clerk hereby 1S dIrected to mail notices, In the manner and form prescrlbed by law, of the adoption of thIS resolut1on to all persons ownIng real property in the hereinbefore described assessment d1strIct, whose names and addresses appear on the last equal1zed assessment roll for the City taxes or as known to the C1ty Clerk. . . . SECTION 10. The City Clerk hereby J.S directed to publish this resolution J.n the Evenlng Outlook on two successive dates, the first publication J.S 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 Clty Council hereby states that the property owners may not contract for the improvements and that the CJ.ty shall be responsJ.ble for letting and admlnisterJ.ng the constructJ.on contract for thJ.s dlstrlct. SECTION 12. The Clty hereby declares that CommunJ.ty Development Block Grant funds may be appl1ed for payment of assessments on property owned or resided in by low to moderate lncome households. SECTION 13. The Clty Clerk shall certify to the adoption of thlS resolution and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: ~"-.~ City Attorney ------------ -- ------ ----------------- . . . . Adopted and approved thls 23rd day of April, 1985. p .!~~ 6-- I6-JL May r I hereby certlfy that the foregoIng Resolution No. 7006(CCS) was duly adopted by the Clty Council of the CIty of Santa MonIca at a meeting thereof held on Apnl 23, 1985 by the following Council vote: Ayes: Councilmembers: Conn, Edwards, Epstein, JennIngs, Katz, Zane and Mayor Reed Noes: Councilmembers: None Abstain: Counc ilmembers: None Absent: Councllmembers: None ATTEST: ~t7;1~ --------------- ---------- ---------