HomeMy WebLinkAbout742 - Results of Hearing - Santa Ana Avenue Improvement District1196
RESOLUTION NO. 742
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 REQUIRE CERTAIN ACQUISITION, WORK OR IMPROVE-
MENT OF SANTA ANA AVENUE AND CERTAIN OTHER STREETS, ALLEYS
AND EASEMENTS, SUBSTANTIALLY AS SET FORTH IN REPORT ON PRO-
JECT FILED UNDER " SPECIAL ASSESSMENT, INVESTIGATION, LIMIT-
ATION AND MAJORITY PROTEST ACT OF 1931", AND DETERMINING
THAT SAID PROJECT IS FEASIBLE, AND MAKING OTHER DETERMIN-
ATIONS.
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 improve-
ment 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; and
THE
j
OF
COSTA MESA,
WHEREAS,
by
Resolution, this City Council
fixed a time and place for
J
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, and this City Council having given
all persons present an opportunity to be heard in respect to any matter realting to
said report, said acquisition, said work or improvement, or any of the proceedings
therefor; and
WHEREAS, all persons desiring to appear and 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:
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 duly and regularly given.
119'7
SECTION 2. That no written protest has been filed with the Clerk of the
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 provided in Section 2931 of said Streets and Highways Code, against only a portion
of said proposed 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 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 pro-
posed 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 limit-
ation 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 de-
terminations 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 June, 1960.
May of ty of Costa Mesa
ATTEST:�
City Clerk of the City of 06sta Mesa
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS.
CITY OF COSTA MESA )
I, A. C. SWARTZ, City Clerk of the City of Costa Mesa, hereby certify
that the above and foregoing Resolution No. 742 was duly and regularly passed and
adopted at a regular meeting of the City Council of the City of Costa Mesa held on
the 6th day of June, 1960.
IN WITNESS WHEREOF, I have hereunto set cd hand and affixed the Seal
of the City of Costa Mesa, this 7th day of June, 1960.
'.4�2Z��
City Clerk and ex-offi io Clerk of the
City Council of the City of Costa Mesa
Chief Deputy