R-7980
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RESOLUTION NUMBER 7980(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 PUBLIC CONVENIENCE AND
NECESSITY REQUIRE THE CONSTRUCTION OF CONCRETE
GUTTERS AND APPURTENANT WORK ON VARIOUS CITY
STREETS AS SHOWN ON CITY DRAWING NO. 5743 IN THE
CITY OF SANTA MONICA
WHEREAS, the city Council of the City of Santa Monica
proposes to ini tiate proceedings under the Improvement Act of
1911 for the construction of concrete gutters and street
resurfacing~ and
WHEREAS, Section 19 of Article XVI of the California
Constitution 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 improvements 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 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 city of Santa Monica is a charter city of
the state of California,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council proposes to initiate
proceedings for the installation of concrete gutters, street
resurfacing, and appurtenant work on commercially or industrially
zoned portions of City streets as shown on No. 8787 on file in
the Office of the City Engineer as follows:
loth Street, from Colorado Avenue to Wilshire,
12th Street, from Colorado Avenue to wilshire,
~7th street, from Arizona Avenue to California Avenue; and
Ocean Park Boulevard, from 25th Street to 31st Street,
all within the City of Santa Monica.
SECTION 2. The improvements shall be conducted under
the Improvement Act of 1911, which is contained in Division 7 of
the streets and Highways Code of the state of California.
SECTION 3. The proposed work or improvements in the
opinion of City Council of the City of Santa Monica is of more
than local or ordinary public benefit, and the City Council
hereby proposes that commercial, industrial or manufacturing
property owners in the district in the City of Santa Monica to be
benefitted by said work or improvement be assessed approximately
$9.50 per lineal foot for gutters and approximately $7.50 per
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lineal foot for street resurfacing. The district affected by the
proposed work or improvements is shown upon a certain map
indicating the exterior boundary thereof, which said Drawing No.
5787 is on file in 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 district. The assessment district
includes in general the lots and parcels described in section 1
above but reference hereby is made to said Drawing for all
details as to the extent of said assessment district and for any
variation between the last mentioned general description and the
extent of said assessment district as shown on said map.
SECTION
4.
No
bonds
will
be
issued
for the
aforementioned assessment district.
SECTION 5. Notice is hereby given that on Tuesday, the
27th day of March, 1990, at 7: 30 P.M., in the city Council
Chambers located in 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
convenience and necessity require the above-described
improvements and for the purpose of allowing any and all persons
having any Objections to the proposed work or improvements to
appear and show cause why the said proposed work or improvements
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 458-8721.
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SECTION 6. 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 interested person 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 7. The Superintendent of Streets shall cause to
be conspicuously posted along the line of said contemplated work
or improvements and also along all the open streets within said
district, notice of the passage of this Resolution of Intention
in the manner and form prescribed by law.
The City Clerk is directed to mail notices, in the
manner and form prescribed by law, of the adoption of this
Resolution to all persons owning commercial, industrial or
manufacturing real property in the hereinbefore described
assessment district, whose names and addresses appear on the last
equalized assessment roll for the City taxes or as known to the
City Clerk.
SECTION 8. The City Clerk is directed to publish this
Resolution in the Evening outlook on two successive dates. The
first pUblication is to be made not less than fifteen days prior
to the date of the above public hearing.
SECTION 9. Pursuant to Public Contract Code Section
20433, the City Council hereby states that the property owners
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may not contract for the improvements and that the city shall be
responsible for awarding and administering the construction
contract for this district.
SECTION 10.
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:
~ N-.. ~
ROBERT M. MYERS
City Attorney
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Adopted and approved this 27th day of February, 1990.
474??'J ~t-d-
Mayor Pro Tempore
I hereby certify that the foregoing Resolution No. 7980(CCS)
was duly adopted by the city council of the City of Santa Monica
at a meeting thereof held on February 27, 1990 by the following
council vote:
Ayes:
Councilmembers:
Abdo, Finkel, Genser, Jennings,
Katz, Reed
Noes: Councilmembers:
None
Abstain: Councilmembers:
None
Absent: Councilmembers:
Mayor Zane
ATTEST:
@~
A.-99y Clerk
PROOF OF PUBLtA YION
12015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Los Angeles,
I am a citizen of the United States and a
resident of the County aforesaid; I am over
the age of eighteen years, and not a pat"ty to
or interested In the above-entitled matter I
am the principal clerk of the printer of the
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a newspaper of general CIrculation, printed
and published .l).~.\ftX.~~9.~.J?X.!?J.lN"1MX.
In the City of .~~.TA.MRmr;^............
County of Los Angeles, and which
newspaper has been adjudged a newspaper
of general circulation by the Superior Court
of the County of Los Angeles, State of
California. underthedateof.J~~~.~~ 19 .~~.,
Case Number .. ~H.~J.!l:.....; that the notice,
of which the annexed is a printed copy (set
in type not smaller than nonpareil). has
been published in each regular and entire
issue of said newspaper and not in any
supplement thereof on the following dates,
to-Wit
March 8-9
all In the year 19. ?l?.
I certIfy (or declare) under penalty of
pequry that the foregOing is true and
correct
Dated at... ~~~:r~.!.'.9.~.I~:1-.................
,. I f th 9 d f March19 90
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Fr.. COli' II olll1i. blink form m.y b. .Ieurod Irom
CALIFORNIA NEWSPAPER SERVICE
BUREAU, INC.
Legal AdvertiSing Clearing House
POBox 3 1
Los Angeles CA 90053 Telephone 625.254\
P'e~5e teqolSr GE NE RAL Proof of puDItCinlQn
when orderll'9 '''11 fOrm
This space is for thlunty Clerk's Filing Stamp
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