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RESOLUTION NO. 427
RESOLUTION OF THE CITY COUNCIL OF COSTA MESA, CALIFORNIA,
DETERMINING RESULTS OF HEARING, OVERRULING PROTESTS, DET-
ERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESS-
ITY REQUIRE CERTAIN YORE OR IMPROVEMENT OF EAST 17TH STREET
AND CERTAIN OTHER STREETS AND ALLEYS SUBSTANTIALLY AS SET
FORTH IN REPORT ON PROJECT FILED UNDER THE "SPECIAL ASSESS-
MENT, INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT
OF 1931", AND DETERMINING 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 Coda 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 hearingwas mailed as required by said Act; and
WHEREAS, at the time and place so fixed, a hearing was duly held by this
City Council atwhich all.writtenprotests or objections were presented, read, and
allpersons desiringto be heard thereonwere heard, and this City Council gave all
persons presentan opportunity to be heard in respect to any matter relating to said
.report, said workar improvement, or any of the proceedings therefore; and
WHEREAS, allpersons desiring to appear and be heard were heard at said hear-
ing, and said hearing has been regularly held,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DOES
HEREBY RESOLVE AS FOLLOWS:
duly and regularly given.
SECTION 2. That no written protest has beenfiled with the Clerk of this
City Council by theownersof one-half of the was of the property to be assessed
for saidproposed..work..or improvement and .that there is no majority protest, as
provided. in. Section 2931 of said Streets and Highways Code, against only a portion of
said proposed workor improvement.
SECTION
1.
That said
report contains all
the matters and things required by law
and that notice.
of
hewing on
the proposed project
generally described therein has been
duly and regularly given.
SECTION 2. That no written protest has beenfiled with the Clerk of this
City Council by theownersof one-half of the was of the property to be assessed
for saidproposed..work..or improvement and .that there is no majority protest, as
provided. in. Section 2931 of said Streets and Highways Code, against only a portion of
said proposed workor 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 disregarded,
both with respect to the limitation on the district as a whole and as to the limit-
ation 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 det-
erminations by the affirmative four-fifths vote of all members thereof, as to necess-
ity, feasibility and that the lands to be assessed will be able to carry the burden
of such proposed assessment.
APPROVED AND ADOPTED this 16th day of December, 1957.
o he City of Costa Mesa
ATTEST:
4�00,
City Clerk of the City/f Costa Mesa
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS.
CITY OF COSTA MESA )
I, A. C. SWARTZ, City Clerk of the City of Costa Mesa, California,
do hereby certify that the above and foregoing Resolution No. 427 was duly and
regularly passed and adopted at a regular meeting of the City Council of the City
of Costa Mesa, held on the 16th day of December, 1957, by the following roll call
vote, to -wit:
AYES: Councilmen J. Smith, B. Smith, Meyers, Pinkley, Nelson
NOES: Councilmen None
ABSENT: Councilmen None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal
of the City of Costa Meas, this 17th day of December, 1957.
`�. 6• �.•r vxh
i�Clerk and ex -officio Clerk of the
City Council of the City of Costa Mesa
By. "4�� / /---. ��
Chief Deputy