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HomeMy WebLinkAbout82-035RESOLUTION NO. ~?_~ RESOLUTION OF THE CITY COUNCIL FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE CERTAIN ACQUISITION AND IMPROVEMENTS, AND THAT THE "SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931" SHALL NOT APPLY. THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA (hereinafter referred to as "Agency") has held a public hearing, for which reasonable notice has been given by publication and posting, to determine the public convenience and necessity for certain acquisition and the construction of certain public works of improvement, together with appurtenances, in a special assesssment district known and designated as ASSESSMENT DISTRICT NO. 245 (hereinafter referred to as the "Assessment District"); and, WHEREAS, Agency has heard and considered all the evidence, both oral and written, relative to the public convenience and necessity for the construction of the aforesaid improvements; and, WHEREAS, Agency is now satisfied as to the improvements and acquisition as proposed. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. SECTION 3. That Agency hereby finds and determines that the public convenience and necessity require the following work and acquisition, to-wit: The construction of certain street improvements, including paving, curbs, gutters, sidewalks, driveway approaches and street treest, together with appurtenances and appurtenant work, in public streets within the boundaries of what is designated as ASSESSMENT DISTRICT NO. 245. That Agency further determines that the provisions and limitations of the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931" shall not be applicable to proceedings for this improvement. SECTION 4. That this project for improvements and acquisition shall proceed in accordance with the terms and provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California, and that bonds, for purposes of financing said project, shall be issued in accordance with the terms and provisions of the "Improvement Act of 1911", being Division 7 of said Code. SECTION 5. By this Resolution, it is the intention of Agency to make all findings by the affirmative four-fifths (4/5) vote of all members thereof that all determinations as to feasibility and necessity to disregard the limitations and proceedings set up in Division 4 as therein provided be made and determined, and further, to meet the requirements of Section 2804 of the Streets and Highways Code and Section 17 of Article XIII of the Constitution of the State of California. APPROVED and ADOPTED this 15th day of March, 1982 MAYOR CITY OF SANTA ANA STATE OF CALIFORNIA ATTEST: STATE OF CALIFORNIA EDWARD J:. City Attorney STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SANTA ANA I, JANICE C. GUY, CLERK TO THE COUNCIL of the CITY OF SANTA ANA, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 82-35 was duly passed, approved and adopted by said City Council, approved and signed by the Mayor, and attested by the Clerk to the Council, all at the Regular meeting of said City Council held on the 15th day of March, 1982 , and that the same was passed and adopted by the following vote: ~ AYES: NOES: ABSENT: COUNCILMEN:Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato COUNCILMEN: COUNCILMEN: EXECUTED this 15th day of March, 1982 , at Santa Aha, California. E COUNCIL ~ · TA ANA STATE OF CALIFORNIA [SEAL]