HomeMy WebLinkAbout64-64 - Gisler Drainage District - Determining Results of HearingL'�+7
RESOLUTION N0. 64-64
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, DETERMINING THE RESULTS OF HEARING, OVERRULING
PROTESTS, DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE
AND NECESSITY REQUIRE CERTAIN ACQUISITIONS, WORK OR IMPROVE-
MENT IN THE CONSTRUCTION OF STORM DRAIN AND APPURTENANCES
NORTHERLY OF GISLER AVENUE BETWEEN BEAR STREET AND HARBOR
BOULEVARD (ASSESSMENT DISTRICT NO. 12) SUBSTANTIALLY AS SET
FORTH IN REPORT ON PROJECT FILED UNDER THE "SPECIAL ASSESSMENT
INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931",
AND DEPERNN =G THAT SAID PROJECT IS FEASIBLE, AND MAKING OTHER
DETERMINATIONS.
WHEREAS, the City Council of the City of Costa Mesa, California, 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 said Code, for certain acquisition, work or
improvement in the City of Costa Mesa; and
WHEREAS, the City Council directed D. SOUTHWORTH, City Engineer, to pro-
cure the required information and to 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, approved 7
and ordered filed by this City Council; and J
WHEREAS, by Resolution, this City Council did fix a time and place for
hearing by it on said report; and
and
WHEREAS, notice of said hearing was duly given as required by said Act;
WHEREAS, at the time and place so fixed, a public hearing was duly held
by this City Council at which all written protests or objections were presented
and 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 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 were heard at said public 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:
SECTION 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 fully and regularly given.
SECTION 2. That no written protests had been filed with the City Clerk
of the City of Costa Mesa by the owners representing one-half of the area of
the property to be assessed for said acquisition or for said work or improve-
ments, and that there is no majority protest, as provided in Section 2931 of
said Streets and Highways Code, against only a portion of said 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, the work or improvement substantially as set forth in said
report; that the project for said acquisition and for said work or improvement
is feasible; that the lands to be assessed for said acquisition and said 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 and shall
be disregarded.
SECTION 5• That by this Resolution, it is the intention of this City Council
to make all findings, by the affirmative four-fifths vote of all members thereof,
that all determinations as to necessity and feasibility be made and determined,
and to disregard the limitations set forth in Division 4 astherein provided.
APPROVED AND ADOPTED this 20th day of July, 1964.
yor of the City of Costa Mesa
ATTEST:
City Clerk 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 of Costa
Mesa, California, do hereby certify that the foregoing Resolution, being Resolu-
tion No. 64-64, was duly passed, approved and adopted by the City Council of
said City, approved and signed by the Mayor, and attested by the City Clerk,
all at a regular meeting of said City Council held on the 20th day of July,
1964, and that the same was passed and adopted by the following vote, to wit:
AYES: Councilmen - Meyers, Wilson, Pinkley, Jordan, Barck
NOES: Councilmen - None
ABSENT: Councilmen - None
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 20th
day of July, 1964.
City Clerk and ex -officio Clerk of the
City Council of the City of Costa Mesa