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R-7141 l" s . . RESOLUTION NUMBER 7141 (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 REQ UI RE THE CONSTRUCTION OF STREET LIGHTING AND DECLARING ITS INTENTION TO CONSTRUCT STREET LIGHTING AND APPURTENANT WORK ON VARIOUS CITY STREETS AS SHOWN ON CITY DRAWING NO. 5349, WITHIN THE CITY OF SANTA MONICA. WHEREAS, the City Council of the City of Santa Monica proposes to initiate proceedl.ngs under the Improvement Act of 1911 for the improvements to streetll.ghting; and WHEREAS, Section 19 of Article XVI of the California Constl.tution 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 publl.c 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, Ll.mitation and Maj ority Protest Act of 1931" shall not apply to any proceeding otherwise subject thereto when sal.d improvement proceeding is by a charter city and said Cl.ty has complied with the provisions of Section 19 of Art i cl e XVI of the California Constitution; and WHEREAS, the City of Santa Monica is a charter city of the State of California, ------------ ---------------- , T . . NOW 1 THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1 . The Cl.ty CounCIl proposes to initiate proceedings for the installation of streetlighting and appurtenant work on the street shown on City Dr awi ng No. 5349 and generally known as: 9th, 12th and Princeton Streets between Wilshire and Santa Monica Yale and Harvard between Santa Monica and Colorado Hill Street between 23rd and 25t h Streets 22nd Street between Pico and Pearl 31st Street between Pearl and Ocean Park Franklin from Wilshire to the Northerly City Limi t s SECTION 2. The total estimated cost of the proposed improvement is $454,821.00. SECTION 3. Improvements shall be conducted under the Improvement Act of 1911 > which is Division 7 of the Streets and Highways Code of the State of Call.fornia. SECTION 4. The proposed work or improvement in the opinion of City Councl.l of the City of Santa Monica is of more than local or ordinary p u bli c 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 certain map indicating the exterior boundary thereof, which said Drawing No. 5349 is on file in the Offl.ce of the City Engineer. The map hereby is referred to and shall govern for all details as to the extent of said assessment district. The assessment ~ e . district incl ude s in general the lots and parcels described in Section 1 above but reference hereby is made to said Drawing for all deta1ls as to the extent of said assessment distr1ct and for any variat10n between the last mentioned general description and the extent of sa1d assessment district as shown on said map. All public streets or alleys, or portions thereof, hereby are excepted from sa1d district. SECTION 5. The City will pay a portion of the cost and expenses of the work described herein, and the City Controller is authorized and directed to pay the same immediately upon confirmation of the assessment by the City Council. SECTION 6. Serial bo nd s bearing interest at the rate of l2% per annum shall be Issued to represent each assessment of $l50.00 or more remaining unpaid for 30 days after the recording of the warrant. SaId serial bonds shall extend over a period ending nine year s from the second day of January next succeeding the next September 1st followIng their date. Payments on the prIncipal of unpaid assessments and interest shall be made by property owners to the C1ty Treasurer and the same shall be disbursed by him or as provided 1n the "Improvement Act of 1911" hereinafter referred to. In accordance with Streets and Highways Code Section 6442, the first two percent delinquency penalty authorized by such section shall be retained by the City Controller as the cost of servicing the delinquency. SECTION 7. Notice is hereby given that on Tuesday, the 11th day of February, 1986, 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 Council for the purpose of determining whether the public conven~ence and necessity require the above described improvement and for the purpose of allowing any and all persons having any ob] ections to the proposed work or improvement to appear and show c a us e why the said proposed work or improvement should not be carried out in accordance with said Resolution of Intention. Inquiries concerning this public hearing should be directed to the Department of General Services at 458-8221. 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 publ~cation as hereinafter provided. Any person interested may make protest against the proposed improvement in writing filed with the City Clerk at any t~me 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 conspicously posted along the line of said contemplated work or improvement and also along all the open streets within 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 here~nbefore described assessment district 1 whose names and ------""'--- - . . addresses appear on the last equalized assessment roll for the C~ty taxes or as known to the City Cl e r k . SECTION 10. The City Cler k hereby is directed to publish this resolution in the Evening Outlook on two successive dates, the first publ1cation 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 City Counc~l hereby states that the property owners may not contract for the improvements and that the City shall be respons~ble for letting and administering the construction contract for this d~strict. 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 Cl e r k shall certify to the adoption of this resolution and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: ~hoJt- h. L-- 0- City Attorney ~---- - - ---------- ~ . . . Adopted and approved thlS 14th day of January, 1986. fl~-fyHa&- ~ I hereby certlfy that the foregolng Resolutlon No. 7141(CCS) was duly adopted by the Clty Councll of the City of Santa Monlca at a meetlng thereof held on January 14, 1986 by the followlng Councll vote: Ayes: Councllmembers: Conn, Epsteln, A. Katz, Zane and Mayor Reed Noes: Councllmembers: None Abstaln: Councilmembers: H. Katz Absent: Councl1members: Jennlngs .J.~:L .- ~ ."- ATTEST: ." - - a -.. --- ) :. -.-"-.' 141 /J), dI~ --~-- Cl ty Clel:k - . ~ - - - --------- . ,.eo, 0' PU[;U!"ON - ~p,~ This space is for the nty Clerk's Filing Stamp (2115.5 C.C.P.l STATE OF CALIFORNIA, County of Los Angeles, I 1m a citizen of ffle United States and a I r..ldMt of the County aforesaid; I 1m over . the Ige of eighteen yHrs, and not .. party to Of' interested in th't abo\le.entltled mltter. I 1m the principal clerk of tM printer of the ....... ...4-...... ........ ....... ..................... ............ EVDIING OUTLOOK ........................ ~.................. a-.................... ~.................................... a newspeper of general circulation, prfnMd - DAILY EXCEPI' SUNDAY ~ pubUshed .................................. SANTA MONICA ~.- in the City of .................................. County of Los Angeles. and which ~per hI' been adt~ a ~ of general clrculltlon by the Superior Court J of the County of Loll Angel... State of California. under the date of. ~~:.~ 19~~.., Cue Number ..~~~?~.~....... that the notice. of which the annextd la a ~Inted ccpy {SIt in tv". not smaller the'" nonperelO. ha bien j:)vDlllhed in each reguJ.y and entire Issue of Mid ~~ anc: not in any supplement thereof on ttIe following dates, to.wlt: Jama17 28-29 .... ......... of 11''''' ......... .......... ............................... .......... IU in the ,,*r w.~... I e.nlfy (or declare) undM" penalty at I*'lury that th~ fcregol'lg IS frue ~ correct. De t SANTA HONlCA hid . ......................................... C.utomla. thls...~....deYof..~~~.. 1~.... ........~ . ....~...... atur. j1ne""'M ...... _ m.. .._..... CALIFORNIA NEWSPAPER SaltYlCIE aUREAU, INC. I_~.I Adv.,-tlsing CI8I!rlng HoUle I' 0 I\Qx 31 Loa A.... 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