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RESOLUTION NO. 81-140 <br /> <br /> RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br /> SANTA ANA FINDING AND DETERMINING THAT THE PUBLIC <br /> CONVENIENCE AND NECESSITY REQUIRE THE PROPOSED <br />IMPROVEMENTS AND PROCEEDING WITHOUT FURTHER <br />COMPLIANCE WITH THE SPECIAL ASSESSMENT INVESTIGATION, <br /> LIMITATION AND MAJORITY PROTEST ACT OF 1931 <br /> <br /> WHEREAS, the city Council of the City of Santa Ana, by <br />Resolution No. 81-117 heretofore adopted by the City Council on <br />July 20, 1981, preliminarily determined that the public convenience <br />and necessity requires the improvements proposed and described <br />therein, and that the Special Assessment Investigation, Limitation <br />and Majority Protest Act of 1931 shall not be applicable to the <br />proceedings for their construction; and <br /> <br /> WHEREAS, the City Clerk has filed with the City Council a <br />declaration setting forth the time and manner of compliance with <br />the resolution for the publishing and posting of notices of the <br />passage of the resolution and of the time and place for the hearing <br />of objections, and the Council hereby finds that the notice has <br />been published and posted in the time, form and manner required by <br />the resolution; and <br /> <br /> WHEREAS, said hearing was duly held by the Council at the time <br />and place for the hearing of all objections; and <br /> <br /> WHEREAS, all written protests or objections filed with the <br />City Clerk at or before the time set for hearing were overruled by <br />the City Council; <br /> <br /> NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY <br />OF SANTA ANA, STATE OF CALIFORNIA, AS FOLLOWS: <br /> <br /> 1. The foregoing recitals are true and correct and the City <br />Council so finds and determines. <br /> <br /> 2. Ail written objections having been overruled, the Council <br />finds and determines that the public convenience and necessity <br />require the improvement and that the proceedings for the proposed <br />improvements proceed without further compliance with the Special <br />Assessment Investigation, Limitation and Majority Protest Act of <br />1931 (the "Act"). The Council further finds that upon adoption of <br />this resolution by not less than a four-fifths vote, the Council <br />shall have jurisdiction to adopt its resolution ordering <br />construction of the public improvements and that the Act shall not <br />apply to the proceedings. <br /> <br /> PASSED AND ADOPTED this ~ day of <br />the following vote: <br /> <br />.Sepf~mh¢~ , 1981, by <br /> <br />AYES: MEMBERS: <br />NOES: MEMBERS: <br /> <br />Acosta, Bricken, Griset, Luxembourger, McGuigan, <br /> Serrato <br />Markel <br /> <br /> ABSENT: MEMBERS: None <br />ATTEST: <br /> <br />APPROVED AS TO FORM: <br /> <br />ANA <br /> <br /> <br />