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HomeMy WebLinkAbout59-037 BK 16 Pg 41!1 Publish Feb. 19 and 28th,1959 ~ affidavits - proof 5 slips AD 2O2 RESOLUTION NO. 59-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SETTING A HEARING I~OR THE PURPOSE OF DETERMINING WHETHER OR NOT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE IMPROVEMENT OF TOWNER STREET AND OTHER STREETS IN 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 majority 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 Ana shall have prescribed, said council, by no less than a four-fifths vote of all members thereof, finds and determines that the public convenience and necessity require the improvement pro- posed to be made; and WHEREAS, Section 2804 of the Streets and Highways Code of the State of California provides that the "Special Assessment Investiga- tion, Limitation and Majority Protest Act of 1931" shall not apply to any proceeding otherwise subject thereto when said improvement 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 Ana 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 the City Council proposes to initiate proceedings for the improvement of: Towner Street between Fairview Avenue and Russell Avenue; Russell Avenue between Rosewood Avenue and Shelton Street; Russell Avenue between Towner Street and Lowell Street; Rosew2od Avenue between Borchard Avenue and a point 280 feet : north of the center line of Borchard Avenue; -1- Borchard Avenue between Rosewood Avenue and a point 164.22 feet ! east of the center line of Shelton Street; Wilshi~re Avenue between Olive Street and a point 166.70 feet ~west of the center line of Olive Street; Wilshire Avenue between Shelton Street and a point 155.08 feet ~ west of the center line of Shelton Street; Baker Street between Fairview Avenue and Cubbon Street; and Cubbon Street between Baker Street and a point 281 feet ! east of the center line of Baker Street; all within the City of Santa Aha, by the construction of Portland cement concrete sidewalks, curbs, gutters, cross-gutters, and driv~ way aprons, the grading, preparing of subgrade, and paving with as- phaltic concrete plant mix, 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. AD 202, adopted on February 16, 1959, by Resolution No. 59-35 of the City Council of the City of Santa Ana; assessment district map, ~. Sheet No. 1, AD 202, adopted on February 16, 1959, by Resolution No. 59-3~ of the City Council; and in accordance with specification entitled "Specifications for Improvement in Assessment District 202" adopted on February 16, 1959, by Resolution No. 59-3% of the City Council. Said plan and profile, assessment district map, and specification now are on file in the offices of the City Engineer and the Clerk of the Council of the City of Santa Ana, and reference is made to said documents for all particulars relative thereto. SECTION 2. That the total estimated cost of the proposed improvement is $ 16;§00.00 . SECTION 3. That this improvement shall be conducted under the Improvement Act of 1911, which is Division 7 of the Streets and Highways Code of the State of California. SECTION 4. That notice hereby is given that there shall be a public hearing before the City Council on the 2nd day of March, 1959, at 7:30 o'clock P.M., in the Council Chamber located in -2- the City Hall of the City of Santa Aha, for the pu~ose of determi~ lng whether the public convenience and necessity require the above- described improvement. SECTION 5. That the Clerk of the Council shall give notice of the hearing by posting a copy of this resolution in the manner prescribed by Section 5065 of the Streets and Highways Code and by publication as hereinafter provided. At any time not later than the hour set for the hearing, any interested person may file with the Clerk of the Council a w~itten protest against the pro- posed improvement, in the manner provided by Section 52~ of the Streets and Highways Code. SECTION 6. That the Clerk of the Council hereby is directed to publish this resolution in the "Santa Aha Register" ou two successive dates, the first publication to be not less than ten (10) days prior to the date of the above public hearing. SECTION 7. The Clerk of the Council shall certify to the adoption of this resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 16th day of February, ~59~ Mayor ATTEST: ,? Clerk of the Council least five AYES: Councilmen NOES: Councilmen ABSENT: Councilmen I HEF~Y CERT-~g that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Santa Ana held on the 16th day of February, 1959, by the affirmative vote of at councilmen, to wit: Royal E.Hu0bardj Stanley C.Gould,Jr., A.A. Hall, J.0gden ~iarkel, Dale H.Heinly None Clerk of the Council -3-