HomeMy WebLinkAbout542 - Northwest Improvement District - Feasibility837
RESOLUTION NO. $42
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 CER'T'AIN WORK OR IMPROVEMENT OF
WEST VICTORIA STREET AND CERTAIN OTHER STREETS, ALLEYS,
AND EASEMENTS (NORTHWEST IMPROVEMENT DISTRICT) SUBSTANTIALLY
AS SET FORTH IN REPORT ON PROJECT FILED UNDER THE "SPECIAL
ASSESSMENT, 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 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
and
WHEREAS, notice of said hearing was mailed as required by said Act;
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
gave all persons present an opportunity to be heard in respect to any matter relat-
Ing 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 COJNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DOES
HEREBY RESOLVE AS FOLLOWS:
838
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 ma-
jority protest, as provided in Section 2931 of said Streets and Highways Code,
against only a portion of said proposed 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 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 limitation on individual specific assess-
ments.
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 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 15th day of December, 1958.
N r of the City of os
ATTEST-
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TTEST: ■
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City Clerk of the Clerk of the City�Costa Mesa
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS.
CITY OF COSTA MESA )
839
I, A. C. SWARTZ, City Clerk of the City of Costa Mesa, hereby certify
that the above and foregoing Resolution No. 542 was duly and regularly passed
and adopted by the City Council of the City of Costa Mesa at a regular meeting
thereof held on the 15th day of December, 1956.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of
the City of Costa Mesa this 16th day of December, 1958,
City Clerk and ex -office— o U1erk of the
City Council of the City of Costa Mesa
Chief Deputy