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R-5423 ~ ~ ~ RESOLUTION NO. 5423 (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 APPURTENANT WORK IN STANFGRD STREET BETWEEN WASHINGTON AVENUE AND MONTANA, ALL WITHIN THE CITY OF SANTA MONICA. WHEREAS, Section 17 of Article XIII of the Constitution of the State of Californla provides that the debt limitation and maJorlty protest provisions of sald section shall not apply if, after the givlng 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, said Council by no less than a 4/5ths vote of all members thereof, finds and determines that the public convenience and necessity require the improvement proposed to be made; and WHEREAS, Section 2804 of the Streets and Highways Code of the State of California provides that the "Special Assessment, Investigation, Limitation and Majority Protest Act of 1931" shall not apply to any pro- ceeding otherwise subject thereto when said improvement proceeding is by a charter city and said city has complied with the provisions of Section 17 of Article XIII of the Constltution of the State of California; and WHEREAS, the City of Santa Monica lS a charter city of the State of California, -1- e . NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. That sald City Council proposes to initiate pro- ceedings for the construction of street lighting and appurtenant work on Stanford Street between Washington Avenue and Montana, all within the Clty of Santa Monica. SECTI~~ 2. That the total estimated cost of the proposed improvement is $35.000.00. SECTION 3. That the said lmprovement shall be conducted under the Improvement Act of 1911, which lS Division 7 of the Streets and Highways Code of the State of California. SECTION 4. That notlce hereby is given that on Tuesday, the 27th day of November, 1979. at 7:30 p.m. in the Councll Chamber located in the Clty Hall, 1685 Main Street, Santa Monica, California, there shall be a public hearing before said City Council for the purpose of determinlng whether the public convenience and necessity require the above described lmprovement. SECTION 5. That the City Clerk shall give notice of the hearing by posting a copy of this resolution in the manner descrlbed by Sectlon 5065 of the Streets and Highways Code and by publication as hereinafter provided. Any person interested may make protest against the proposed improvement in writing filed wlth the City Clerk at any time not later than the hour set for the hearing in the manner provided by Section 5220 of the Streets and Highways Code. SECTION 6. That the City Clerk hereby is directed to publish this resolution in the Evening Outlook on two succeSSlve dates, the first -2- e- . publication to be made not less than ten (10) days prior to the date of the above public hearing. SECTION 7. The City Clerk shall certify to the adoptlon of this resolution and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: a~j./ -3- . . ~ ADOPTED AND APPROVED THIS 23rd DAY OF October ) 1979. 1;; t:1../ ((~J~~k~/bt~ r~lA YOR I HEREBY CERTIFY THAT THE FOREGOING RESOLUTION) No. 5423 , WAS DULY ADOPTED BY THE CITY COUNCIL OF THE CITY OF SANTA MONICA AT A REGULAR MEETING THEREOF HELD ON October 23 ; 1979 BY THE FOLLOWING COUNCIL VOTE: AYES: COUNCILMEMBERS: Bambrick, Yannatta Goldway, Jennings, Scott, van den Steenhoven NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Reed ABSTAIN: COUNCILMEMBERS: None ATTEST: ~-~.~ tyv 'i:tiRK -