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R-7900 e e RESOLUTION NUMBER 7900 (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 limitat~on and majority protest provisions shall not apply, if after tnt~giving of such reasonable notice by publication and postin9 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 an_ determines that the public convenience and necessity require tIle 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 e e 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: 7th street from Olympic Boulevard to Colorado Avenue; and Lincoln Boulevard from Colorado Avenue to Santa Monica Boulevard, all within the City of Santa Monica. SECTION 2. The total estimated cost of the proposed improvement is Ninety-Seven Thousand Four Hundred and Fifteen Dollars ($97,415). 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 e e SECTION 7. Notice is hereby given that on Tuesday, the loth day of October, 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. e e 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 10. 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 (15) 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: ~~~ ROBERT M. MYERS City Attorney [CCSTLT] e . Adopted and approved this 12th day of September, 1989. Ds>< '}~ Mayor I hereby certify that the foregoing Resolution No. 7900(CCS) was duly adopted by the City council of the City of Santa Monica at a meeting thereof held on September 12, 1989 by the following Council vote: Ayes: Councilmembers: Abdo, Genser, Jennings, Reed, Mayor Zane Noes: Councilmembers: None Abstain: Councilmembers: None Absent: Councilmembers: Finkel, Katz ""- ..- . ~-<I ~.. ~ ATTEST: ~ - "- -. -. ::.:- '. . . ~.. -- -~- J'- ~j/ - - I _~1 (. '-.~ <:). - - _.-- ~ ~ City Cl ~.: _.~._ ...., - ~ .r PROOF OF PUICATION CZ015.5 C.C.P.) STA.TE 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 party to or interested in the above-entitled matter. I am the principal clerk of the printer of the ~.4......'............'.1.".""'.'.""'."""'" THE OUTLOOK ..........~......................................... a newspaper of general circulation, printed and published .l).~.I.I..X. f;~~~.fA .~J!1fRAX. in the City of .~h>>.TA.}\'9NJ{:;^............ County of Los Angeles, and which newspaper has been adi udged a newspaper of general circulation by the SuperIor Court of the County of Los Angeles, State of California, under the date of.J~N.. .~~ 19 .~~., Case Number ..~H.n.~.....; thatthe notice, of whIch the annexed is a printed copy (set In type not smaller than nonpareil), has been publ ished In each regular and entire issue of said newspaper and not In any supplement thereof on the following dates, to-WIt: September 21-22 all in the year 19.~~.. I certify (or declare) under penalty of pequry that the foregoing is true and correct Dated at... ~~~T~.!.'f.9.~.If!':............. .... California, thls.....~f...day of .~~P.t.., 19 .~?. ~..~.............. 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