HomeMy WebLinkAbout71-63 - Overruling Protests, Tustin-Raymond Avenue Improvement District 20.Z:1 c,
RESOLUTION NO. 71-63
A 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 CERTAIN WORK OR IMPROVEMENT OF AN
ALLEY BETWEEN MAGNOLIA STREET AND BROADWAY FROM TUSTIN
AVENUE TO RAYMOND AVENUE, 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 work or improvement in the City of Costa Mesa, California; and
WHEREAS, this City Council directed Norman K. Spielman, Registered
Civil Engineer No. 14526, 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 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 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 Council by the owners of one-half of the area of the property to be
assessed for said proposed 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 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 or improvement 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 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 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 7th day of September, 1971.
64m
ivyoarof the City of Costa Mesa
ATTEST:
City Clerk of the City of Costa esa
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
I, EILEEN P. PHINNEY, 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. 71-63 was duly and regularly passed and
adopted at a regular meeting of the City Council of the City of Costa Mesa,
L. California, on the 7th day of September, 1971.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal
of the City of Costa Mesa, this 8th day of September, 1971.
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City Clerk and ex -officio Clerk the
City Council of the City of Cost Mesa