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HomeMy WebLinkAboutNS-589ORDINANCE NO. NS-589 ESTABLISHING PROCEDURE FOR FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE CERTAIN IMPROVEF~ENTS OR ACQUISITIONS OF PROPERTY THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That the Santa Aha Municipal Code be and it is hereby amended by adding thereto a new Part 3 to Chapter 2 of Article VII in words and figures as follows: Part 3 - Assessment Procedure SECTION 7230. Procedure Authorized. Before the City Council adopts any resolution or ordinance ordering the construction of any improvement or the acquisition of any property for public use, or both, herein referred to as "improvement", where the cost thereof is to be paid in whole or in part by special assessment taxes upon lands, a public hearing may be held and a finding and determination made by the City Council as provided herein that the public convenience and necessity require the same. If such a procedure is not followed and if such finding and determination are not made pursuant thereto, the requirements otherwise prescribed by Division 4, Streets and Highways Code of the State of California, and Article XIII, Section 17, of the Constitution shall be complied with before any such resolution or ordinance may be adopted. SECTION 7231. Public Hearinq. The City Council may hold a public hearing to find and determine whether the public convenience and necessity require any such improvement. Reference may be made to one or more plans, profiles, specifications, maps or plats for the description of the improvement and all particulars relative thereto, which plans, profiles, specifications, maps, or plats shall be on file with the Clerk of the Council or the Department of Public Works and open to inspection. SECTION 7232. CO~ubined Hearinq and Notice Authorized. The hearing required by this ordinance may be a separate hearing or may be combined and held concurrently with the hearing required by the improvement act pursuant to which the improvement proceeding is proposed. Whether said hearing is held separate, or combined and held concurrently with the hearing required by the improvement act pursuant to which the improvement proceeding is proposed, notice shall be given by posting and publication in the manner prescribed by the improvement act involved, and if said hearings are combined or held concurrently, such notice may be combined with the notice of hearing given under the said improvement act under which the improvement proceeding is proposed. -1- SECTION 7233. Hearinq - Decision - Effect. The hearing may be continued from time to time. After the conclusion thereof and prior to adoption of a resolution or ordinance ordering the improvement, the City Council shall consider and pass upon all protests filed and all matters presented and its decision thereon shall be final and conclusive. If by such decision the City Council finds and determines by no less than a four-fifths vote of all members thereof that the public convenience and necessity require such improvement, the City Council may thereafter, in accordance with the improvement act specified or designated for the project, adopt a resolution or ordinance ordering the improvement substantially as proposed, or as modified, altered or changed by order of the City Council as authorized by the improvement act for the project. After such finding and determination by the City Council, the provisions of law for debt limitation and majority protest as mentioned in Article XIII, Section 17, of the Constitution shall not apply. SECTION 2: This Ordinance shall take effect thirty days from and after the date of its adoption. PASSED AND ADOPTED by the City Council of the City of Santa Aha at its regular meeting held on the__ ATTEST: CLERK OF T~E COUNCIL STATE OF CALIFORNIA) COUNTY OF ORANGE )SS CITY OF SANTA ANA ) 2nd day of July , 1962. I, MARION SUTTNER, do hereby certify that I am the Clerk of the Council of the City of Santa Ana, California; that the foregoing Ordinance was introduced at a regular meeting of the City Council of said City held on the 18th day of June . , 1962, and was again considered by said Council at its r'egular meeting held on the 2nd day of Ju]j 1962, and at said meeting was regularly passed and adopted by said Council by the following vote, to-wit: AYES, NOES, ABSENT, COUNCILMEN: COUNCILMEN: COUNCILMEN: Royal E. Hubbard~ Henry H. Schlueter~ Dale H. Heinly, Bob Brewer, A. k. Hall None None CLERK OF THE COUNCIL -2-