HomeMy WebLinkAbout897 - Determining Results of Hearing - Monrovia AvenueRESOLUTION N0. 897
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA
CALIFORNIA, DETERMINING RESULTS OF HEARING, OVERRULING
PROTESTS, DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE
AND NECESSITY REQUIRE CERTAIN ACQUISITION, WORK OR IMPROVE-
MENT OF MONROVIA AVENUE AND CERTAIN OTHER STREETS, ALLEYS
AND EASEMENTS, SUBSTANTIALLY AS SET FORTH IN REPORT ON
PROJECT FILED UNDER THE "SECIAL ASSESSMENT, INVESTIGATION,
LIMITATION AND MAJORITY PROTEST ACT OF 1931," AND DETERMING
THAT SAID PROJECT IS FEASIBLE, AND MAKING OTHER DETERMINATIONS.
WHEREAS, this City Council has heretofore taken steps provided by
Sections 2821, 2822 and 2823 of the Streets and Highways Code of the State
of California, said Sections being a part of the "Special Assessment
Investigation, Limitation and Majority Protest Act of 1931", being Divi-
sion 4 of the Streets and Highways Code of the State of California, for
certain acquisition, work or improvement in the City of Costa Mesa,
California, and adjacent territory thereto, and
WHEREAS, this City Council directed Laurence J. Thompson to procure
the required information and prepare and present to this City Council the
written report on said acquisition, work and improvement required by the
above Act, and
WHEREAS, said report has been presented to this City Council and
approved and ordered filed by this City Council, and
WHEREAS, by Resolution, this City Council fixed a time and place
for hearing by it on said report, and
WHEREAS, notice of said hearing was mailed as required by said Act,
and
WHEREAS, at the time and place so fixed, a hearing was duly held
by this City Council at which all written protests or objections were
presented, read, and all persons desiring to be heard thereon were heard
in respect to any matter relating to said report, said acquisition, said
■s work or improvement, or any of the proceedings therefor, and
LWHEREAS, all persons desiring to appear and to be heard were heard
at said hearing, and said hearing has been regularly held;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFDRNIA,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That said report contains all the matters and things
required by law and that notice of hearing on the proposed project
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generally described therein has been duly and regularly given.
SECTION 2. That no written protest has been filed with the Clerk
of this City Council by the owners of one-half of the area of the pro -
party to be assessed for said proposed acquisition, work or improvement
and there is no majority protest as provided in Section 2931 of said 1
Streets and Highways Code, against only a portion of said proposed J
acquisition, work or improvement.
SECTION 3• That all protests and objections be and the same are
hereby overruled and denied.
SECTION 4. That the public interest, convenience and necessity
require the acquisition, work or improvement substantially as set forth
in said work, that the project for said acquisition, work or improve-
ment is feasible; that the lands to be assessed for said acquisition
and work will be able to carry the burden of the proposed assessment
for said acquisition and work and that the limitations as set forth
in said Division 4 may be and shall be disregarded, both with respect
to the limitation on the district as a whole and as to the limitation
on individual specific assessments. J
SECTION 5• That by this Resolution it is the intention of this
City Council to disregard the limitations set forth in Division 4 by
making all findings and determinations by the affirmative four-fifths
vote of all members thereof, as to necessity, feasibility and that the
lands to be assessed will be able to carry the burden of such proposed
assessment.
PASSED AND ADOPTED this 6th day of November, 1961.
Mayor or t y of Costa Mesa
ATTEST:
64?Z-�-
City Clerk of the City of Costa Mesa
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) ss.
CITY OF COSTA MESA )
I, A. C. Swartz, City Clerk and ex -officio clerk of the City
Council of the City of Costa Mesa, California, do hereby certify that
the foregoing Resolution No. 897 was duly and regularly passed at a
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regular meeting of the City Council of the City of Costa Mesa on the 6th day
of November, 1961.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal
of the City of Costa Mesa, this 7th day of November, 1961.
City Clerk and ex-officilerk of the
City Council of the City of Costa Mesa,
California
Chief f Deputy