R-7006
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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
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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
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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
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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.
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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
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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~
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