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HomeMy WebLinkAbout63-75 - Fairview Road Improvement District - Determining Results of Hearing41 REsoLDTsoN No. 63-75 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 AND IMPROVE- MENT OF FAIRVIEW ROAD AND CERTAIN OTHER STREETS, ALLEYS AND EASEMENTS (ASSESSMENT DISTRICT NO. 10) AS SET FORTH IN RESOLUTION OF INTENTION N0. 63-68. r WHEREAS, the City Council has heretofore taken steps provided by Sections ■ 2821, 2822 and 2823 of the Streets and Highways Code of the State of California, Lsaid sections being a part of the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931," being Division 4 of the said Streets and Highways Code, for certain street work or improvement in the City of Costa Mesa, California, and WHEREAS, the hearing required by said Division 4 of the Streets and Highways Code has been duly held, and WHEREAS, the City Council did on the 17th day of June, 1963, adopt Resolution of Intention No. 63-68, and by said Resolution of Intention fixed the time and place for hearing by it on said Resolution of Intention for the 15th day of July, 1963• WHEREAS, said Resolution of Intention Was published as required by law, notice of said hearing was mailed as required by law, and notice of improvement was posted as required by law, all as set forth in Division 7 of the Streets and Highways Code of the State of California, and WHEREAS, at the time and place so fixed, a hearing was held by said 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 gave all persons present an opportunity to be heard in respect to my matter relating to said report, said work or improvement, or any of the proceedings therefore, and WHEREAS, all persons desiring to appear and be heard were heard at said hearing, and said hearing having been regularly held; NOW, THEREFORE, the City Council of the City of Costa Mesa, California, does hereby resolve as follows; SECTION 1. That Resolution of Intention No. 63-68, adopted on the 17th day of June, 1963, has been duly and regularly published as required by law, and that notice of hearing has been duly and regularly given and notice of improvement posted as required by law. 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 work or improvement, and that there is no majority protest, as pro- vided in Section 5222 of the said Streets and Highways Code. 42 SECTION 3• That all protests and objections be and the same we hereby overruled and denied. SECTION 4. That the public interest, convenience and necessity require the acquisition, work and improvement as set forth in the Resolution of Intention No. 63-68. SECTION 5• That by this Resolution it is the intention of this City Council to overrule all protests by the affirmative four-fifths (4/5) vote of all members thereof. PASSED AND ADOPTED this 15th day of July, 1963. V Mayor of the City of Cos 'a Mesa ATTEST: /V�//��—✓�1Q., City�of the City of Costa Mesa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS. CITY OF COSTA MESA ) I, C. K. PRIEST, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, do hereby certify that at a regular meeting of the City Council of the City of Costa Mesa, California, held on the 15th day of July, 1963, the foregoing Resolution, being Resolution No. 63-75, was con- sidered section by section, and that said Resolution was then passed and adopted as a whole by the following roll call vote, to wit: AYES: Councilmen: Meyers, Pinkley, Smith, Wilson, Tonchak NOES: Councilmen: None ABSENT: Councilmen: None IN WITNESS WHEREOF, I have hereunto set my hand and seal this 16th day of July, 1963• City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa