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HomeMy WebLinkAbout58-121RESOLUTION NO. 58-121 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SETTING A HEARING FOR THE PURPOSE OF DETERMINING WHETHER OR NOT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE IMPROVEMENT OF DAISY AVENUE AND OTHER STREETS, ALL WITHIN THE CITY OF SANTA ANA WHEREAS, Section 17 of Article XIII of the Constitution of the State of California provides that the debt limitation and majori- ty protest provisions of said section shall not apply if, after the giving of such reasonable notice by publication and posting and the holding of such public hearing as the City Council of the City of Santa Aha shall have prescribed, said council by no less than a 4/Sths vote of all members thereof, finds and determines that the public convenience and necessity require the improvement proposed to be made; and WHEREAS, Section 2804 of the Streets and Highways Code of the State of California provides that the "Special Assessment Inves- tigation, Limitation and Majority Protest Act of 1931" shall not apply to any proceeding otherwise subject thereto when said improve- ment proceeding is by a charter city and said city has complied with the provisions of Section 17 of Article XIII of the Constitution of the State of California; and WHEREAS, the City of Santa Aha is a charter city of the State of California, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES RESOLVE AS FOLLOWS: SECTION 1. That said City Council proposes to initiate pro- ceedings for the improvement of Daisy Avenue between Myrtle Street and First Street, Myrtle Street between Artesia Street and Daisy Avenue, Pine Street between Daisy Avenue and Artesia Street, and Daisy Avenue between Fifth Street and a point 632 feet - northerly of Fifth Street, all within the City of Santa Ana, by the grading, preparing of subgrade, paving with plant mix surface, construction -1- of concrete curbs and gutters, concrete sidewalks, and concrete drive- way aprons, and appurtenant work thereto. The nature~ location, and extent of the proposed improvement and the district to be assessed for the cost and expenses thereof are as shown respectively on the plan and profile No. 198 adopted by the City Council of the City of Santa Aha, by Resolution No. ~8-119, ou May 5, 1958~ and assessment district map No. AD 198, Sheet I adopted by said City Council, by Resolution No. ~§-12~ on May 5, 1958, and in accordance with specifi- cation entitled "Specifications for Improvement in Assessment District No. 198", which said specification duly was adopted by said City Council by Resolutiou No. ~8-11~on the 5th day of May, 1958, which said plan and profile, assessment district map, and speciFicatiou now are on file iu the offices of the City Engineer aud of the Clerk of the Couucil of said city, to which said plan and profile, assess- ment district map, and specification reference is made for all par- ticulars relative thereto. SECTION R. That the total estimated cost of the proposed im- provement is $27,000.00. SECTION 3. That the said improvement shall be conducted under the Improvement Act of 1911, which is Division ? of the Streets and Highways Code of the State of California. SECTION 4. That notice hereby is giveu that on the ~9~h day of ~a~, 1958, at 7:30 P.M., in the Council Chamber located in the City Hall of said city, there shall be a public hearing before said City Council for the purpose of determining whether the public conveni- ence and necessity require the above described improvement. SECTION 5. That the Clerk of the Council shall give notice of the heariug by postiug a copy of this resolution in the manner~e- scribed by Section 5065 of the Streets aud Highways Code and by pub- lication as hereinafter provided. Any person interested may make protest against the proposed improvement in w~iting filed with the Clerk of the Council at any time not later than the hour set For -2- the hearing in the manner provided by Section 5220 of the Streets and Highways Code. SECTION 6. That the Clerk of the Council hereby is directed to publish this resolution iu the'~anta Aha Register" ou two successive dates, the first publication to be made not less than ten (10) days prior to the date of the above public hearing. SECTION ?. The Clerk of the Council shall certify to the adop- tion of this resolution and thenceforth and thereafter the same shall be in full force and effect. APPROVED AND ADOPT~ this 5th da~of May, ~9~8/ Mayor of the City of Sant~ na ATTEST: Clerk of the Council AYES: NOES: ABSENT: Councilmen: Councilmen: Councilmen: I HEREBY CERTIFY that the foregoing resolution was duly adopted by an affirmative vote of five of the City Council of the City of Santa Aha at a ~egular meeting thereof held on the 5th day of May, 1958, by the following vote of the Council: Royal E. Hubbard, Stanley C. Gould, Jr., A. A. H~I~, J. Ogden Markel, Dale H. Heinly None None Clerk of the Council of the City of Santa Ana