HomeMy WebLinkAbout63-37 - Fairview Road Improvement District - Results of Hearing395
RESOLUTION No. 63-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, DETERMINING RESULTS OF HEARING, OVERRULING PRO-
TESTS, DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND
NECESSITY RETE CERTAIN ACQUISITION, WORK OR DIPROVEMENT OF
FAIRVIEW ROAD AND CERTAIN OTHER STREETS, ALLEYS AND EASF.MFUM,
SUBSTANTIALLY AS SET FORTH IN REPORT ON PROJECT FILED UNDER
THE "SPECIAL ASSESSMENT, INVESTIGATION, LIMITATION AND WORM
PROTEST ACT OF 1931," AND DETERMINING THAT SAID PROJECT IS
FEASIBLE, AND M`=G 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 Division 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
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, end
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 bell by this
City Council at which all written protests or objections were presented, read, and
all persons desiring to be heard thereon were heard, and this City Council having
given all persons present an opportunity to be heard in respect to any matter
relating to said report, said acquisition, said work or improvement, or any of the
proceedings therefor, and
WHEREAS, 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, CALIFORNIA, DOES
HEREBY RESOLVE AS FOLLOWS:
LSECTION 1. That said report contains all the matters and things required by
law and that notice of hearing on the proposed project 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 property to be assessed for
said proposed acquisition, work or improvement and there is no majority protest as
�s
provided in Section 2931 of said Streets and Highways Code, against only a
portion of said proposed acquisition,vork 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 report;
that the project for said acquisition, work or improvement 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.
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 11th day of March, 1963•
Mayor of the City of Costr6Hesa
ATTEST:�
City Clerk of the City of Costa Mesa
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS.
CITY OF COSTA MESA )
I, Co K. PRIEST, 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. 63-37 was duly and regularly passed at an adjourned regular
meeting of the City Council of the City of Costa Mesa, California, on the 11th
day of March, 1963.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal
of the City of Costa Mesa, this 12th day of March, 1963•
City Clerk and ex -officio Clerk of the
City Council of the City of Costa Mesa