HomeMy WebLinkAbout67-57 - Palace Avenue Improvement District - Determining Results of Hearing23
RESOLUTION N0. 67-57
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 IMPROVEMENT OF
PALACE AVENUE AND CERTAIN OTHER STREETS, ALLEYS AND EASEMENTS,
SUBSTANTIALLY AS SET FORTH IN REPORT OF 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 acquisition, work or improvement
in the City of Costa Mesa, California; and
WHEREAS, this City Council directed the City Engineer 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
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 presented,
read, and all persons desiring to be heard thereon were heard, and this Council
having given 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 therefore; 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 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 proposed 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 limitation on the district as a whole and as to the
limitation on individual specific assessments.
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SECTION 5. That by this Resolution it is the intention of this City
Council to disregard the limitations set forth in Division 14 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.
PASSED AND ADOPTED this 1st
day of May, 1967.
Mayor of the City C to 2esa
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 Council
of the City of Costa Mesa, California, do hereby certify that the foregoing
Resolution No. 67-57 was duly and regularly passed and adopted at a regular
meeting of the City Council of the City of Costa Mesa, California, on the
1st day of May, 1967.
IN 71ITNESS WHEREOF, I have hereunto set my hand and affixed the Seal
of the City of Costa Mesa, this 2nd day of May, 1967.
City Clerk and ex -officio Clerk of the
City Council of the City of Costa Mesa
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