HomeMy WebLinkAbout361 - West 19th Street Improvement - Results of Hearing5147
RESOLUTION NO. 361
RESOLUTION OF THE CITY OF COSTA MESA, CALIFORNIA, DETERMINING RESULTS
OF HEARING, OVERRULING PROTESTS, DETERMINING THAT THE PUBLIC INTEREST,
OCNVENIENCE AND NECESSITY REQ'IRE CERTAIN WORK OR IMPROVEMENT OF WEST
19TH STREET AND CERTAIN OTHER STREETS AND EASEMENTS SUBSTANTIALLY AS
SET FORTH IN REPORT OF PROJECT FILED UNDER THE " SPECIAL ASSESSMENT
INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931', AND DETER-
MINING 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 Division 4 of the Streets and Highways Code of the State
of California, for certain 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 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 ;resented, read, and
all persons desiring to be heard thereon were heard, and this City Council gave all
persons an opportunity to be heard in respect to any matter relating to said report,
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.
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 prov-
ided in Section 2931 of said Streets and Highways Code, against only a portion of
said proposed work or improvement.
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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 work or improvement substantially as set forth in said report; that the project
for said work or improvement is feasible; that the lands to be assessed for said
work will be able to carry the burden of the proposed assessment for said work and
that the limitations as set forth in said Division 4 may be and shall be disregard-
ed, 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 Resolution it is the intention of tYu_s City Council
to disregard the lixitations 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.
APPROVED AND ADOPTED this 13th day of May, 1957.
CM fA'P
a i y oCosta Mesa
ATTEST:
City Clerk of the Cit, of Costa Mesa
STATE OF CALIFORNIA)
) SS.
COFNTY OF ORANGE )
I, A. C. SWARTZ, City Clerk of the City of Costa Mesa, do hereby certify
that the above and foregoing Resolution No. 361 was duly and regularly passed and
adopted at an adjourned regular meeting of the City Council of the City of Costa
Mesa, held on the 13th day of May, 1957.
DATED: May 14th, 1957
City Clerk and ex -officio Clerk of the
City Council of the City of Costa Mesa
By /� . �-.�` Deputy