HomeMy WebLinkAbout71-72 - Determining Results and Overruling Protests-Assessment District 20RESOLUTION NO. 71-72
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA
MESA, CALIFORNIA, DETERMINING THE RESULTS OF HEARING,
OVERRULING PROTESTS, DETERMINING THAT THE PUBLIC
INTEREST, CONVENIENCE AND NECESSITY REQUIRE CERTAIN
WORK AND IMPROVEMENT OF AN ALLEY BETWEEN MAGNOLIA
STREET AND BROADWAY FROM TUSTIN AVENUE TO RAYMOND
AVENUE, (ASSESSMENT DISTRICT NO. 20) AS SEI FORTH
IN RESOLUTION OF INTENTION NO. 71-65.
WHEREAS, the City Council has heretofore taken steps provided by
Section 2821, 2822 and 2823 of the Streets and Highways Code of the State
of California, said sections being a part of the "Special Assessment Investi-
gation, Limitation and Majority Protest Act of 1931," being Division 4 of
the said Streets and Highways Code, for certain street work or improvement
in the City of Costa Mesa, California and
WHEREAS, the hearing required by said Division 4 of the Streets and
Highways Code has been duly held, and
WHEREAS, the City Council did on the 7th day of September, 1971,
adopt Resolution of Intention No. 71-65, and by said Resolution of Intention
fixed the time and place for hearing by it on said Resolution of Intention
for the 4th day of October, 1971, and
WHEREAS, said Resolution of Intention was published as required by
law, notice of said hearing was mailed as required by law, and notice of
improvement was posted as required by law, all as set forth in Division 7
of the Streets and Highways Code of the State of California, and
WHEREAS, at the time and place so fixed, a hearing was held by said
k{ 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 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 having been regularly held;
NOW, THEREFORE, the City Council of the City of Costa Mesa, California,
does hereby resolve as follows:
SECTION 1. That Resolution of Intention No. 71-65, adopted the 7th
day of September, 1971, has been duly and regularly published as required
by law, and that notice of hearing has been duly and regularly given and
notice of improvement posted as required by law.
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 provided in Section 5222 of the said Streets and
Highways Code.
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 and improvement as set forth in the Resolution of Intention
No. 71-65.
SECTION 5. That by this Resolution it is the intention of this City
Council to overrule all protests by the affirmative four-fifths (4/5) vote
of all members thereof.
PASSED AND ADOPTED this 4th day of October, 1971.
e' Ib R, li(N tr�,
M or of the City of Costa Mesa
ATTEST:
City Clerk of the City of Co Ya
Mesa
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. 71-72 was duly and regularly passed and adopted at
a regular meeting of the City Council of the City of Costa Mesa, California,
on the 4th day of October, 1971.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal
of the City of Costa Mesa, this 5th day of October, 1971.
City Clerk and ex -officio Clerk the
City Council of the City of Cos Mesa
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