R-7934
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RESOLUTION NUMBER 7934(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 VARIOUS CITY STREETS AS SHOWN
ON CITY DRAWING NO. 5384, WITHIN THE CITY OF SANTA
MONICA
WHEREAS, the city Council of the city of Santa Monica
proposes to initiate proceedings under the Improvement Act of
1911 for the improvements to streetlighting; 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 the 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 streetlighting and
appurtenant work on the streets shown on City Drawing No. 5384
and generally known as:
Lincoln Boulevard from Colorado Avenue to Olympic
Boulevard,
all within the City of Santa Monica.
SECTION 2. The total estimated cost of the proposed
improvement is Twenty-Seven Thousand Five Hundred and Forty
Dollars ($27,540).
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 California.
SECTION 4. The proposed work or improvement 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 the district in the city of Santa Monica to
be benefited 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. 5364 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
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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. All
public streets or alleys, or portions thereof, hereby are
excepted from said 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 bonds bearing interest at the rate
of ten percent (10%) per annum shall be issued to represent each
assessment of One Hundred Fifty Dollars ($150.00) or more
remaining unpaid for thirty (30) days after the recording of the
warrant. Said serial bonds shall extend over a period ending
nine (9) years 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 city Treasurer and the same shall be
disbursed by him or as provided in 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.
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SECTION 7. Notice is hereby given that on Tuesday, the
12th day of December, 1989, 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 improvement
and for the purpose of allowing any and all persons having any
objections 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 with said Resolution of Intention.
Inquiries concerning this public hearing should be directed to
the Department of General Services, Engineering Division, at
(213) 458-8721.
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
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 9. The Superintendent of streets shall cause
to be conspicuously 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.
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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
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 lO.
The City Clerk hereby is directed to
publish this Resolution in The Outlook on two successive dates,
the first publication is to be made not less than fifteen (l5)
days prior to the date of the above public hearing.
SECTION 11. Pursuant to Public Contract Code section
20433, the city Council hereby states that the property owners
may not contract for the improvements and that the city shall be
responsible for letting and administering the construction
contract for this district.
SECTION 12.
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:
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ROBERT M. MYERS
City Attorney
[srst1t]
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Adopted and approved this 14th day of November, 1989.
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I hereby certify that the foregoing Resolution No. 7934(CCS)
was duly adopted by the City Council of the city of Santa Monica
at a meeting thereof held on November 14, 1989 by the following
council vote:
Ayes:
Councilmembers:
Abdo, Finkel, Genser, Jennings,
Katz, Reed, Mayor Zane
Noes: Councilmemhers:
None
Abstain: Councilmembers:
None
Absent: councilmembers:
None
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ATTEST:
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". PROOF OF PUBLlATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Los Angeles,
I am a Citizen of the Untted States and a
resident of the County aforesaid; I am over
the age of eighteen years, and not a party to
or mterested In the above-entitled matter I
am the princIpal clerk of the printer of the
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THE OUTLOOK
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a newspaper of general circulatIon, prmted
and published .\l.~)J..X.g~9.t:.I?I.~~~RAX.
in the CIty of .Sh~.TA. J\H)ffJ{:;/\ ..........
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, underthe date of.J~~...~6 19 .~~.,
Case Number.. ;n~.:n.~.....: that the notice,
of which the annexed IS a pnnted copy (set
In type not smaller than nonpareil), has
been published," each regular and entire
Issue of said newspaper and not in any
supplement thereof on the follOWing dates.
to-Wit: Nov. 24-25
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all In the year 19. ~~..
I certIfy (or declare) under penalty of
perlury that the foregOing IS true and
correct
Dated at SANTA !\10NICA
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Cal,fornla.thls.......~?day of..]i!9X~, 19 .~?.
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Signature
Free COO'., of '1\1s blink form mlY II' s.cured 'rom
CALIFORNIA NEWSPAPER SERVICE
BUREAU, INC.
Legal AdvertiSing Cleanng House
POBox 3 1
Los Angeles CA 90053 Telephone 625-2541
PI~~s~ requesl GENERAL prool 01 Pubtlc~T'on
wn.n o'~l!'r.nq U'lI'S form
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ThiS space IS for theanty Clerk's Filing Stamp
Proof of Publication of
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