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HomeMy WebLinkAboutCity Council - 4065 RESOLUTION NO. 4065 CITY OF HUNTINGTON BEACH, CALIFORNIA RESOLUTION OF THE CITY COUNCIL PRESCRIBING STEPS NECESSARY FOR CONDUCT OF A PUBLIC HEARING AND NOTICE THEREOF ON THE PUBLIC CONVENIENCE AND NECESSITY WHERE SPECIAL ASSESSMENT PROCEEDINGS ARE PROPOSED TO BE TAKEN WITHOUT COMPLIANCE WITH THE "SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931." ASSESSMENT DISTRICT NO. 7301 (TOWNLOT ASSESSMENT DISTRICT) NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA# AS FOLLOWS: SECTION 1. PROCEDURE AUTHORIZED. Before the Council adopts any resolution ordering the construction of any public 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 assessments or through special assessment taxes upon lands, a public hearing may be held and a finding and determination made by the Council as provided herein that the public convenience and necessity require the same. If such procedure is not so followed and if such finding and determination is not made pursuant thereto, the requirements otherwise prescribed by the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931" (Division 4 of the Streets and Highways Code) and Article XIII, .Section 17 of the Constitution shall be complied with before :any such resolution may be adopted. SECTION 2. ORDER TO HOLD HEARING: DETERMINATION OF NATURE OF WORK. The Council may order and hold a public hearing to find and determine whether the public convenience and necessity require any such improvement. before ordering such hearing the Council shall determine in general the nature, location and extent of such proposed improvement or acquisition. Reference may be made to one or more plans, profiles, specifications, maps or plats for the description of the improvement and for all particulars relative thereto, which plans, profiles, speci- fications, traps or plats shall be on file with the City Clerk or the City Engineer and open to inspection. SECTION 3. DESCRIPTION OF DISTRICT. The Council shall also generally define the boundaries or extent of the district or lands to be specially assessed to pay all or any part of the cost of the proposed improvement. The district may be described by: (a) Stating the exterior boundaries thereof; or (b) Giving a description thereof according to any official or recorded map or maps: (c) Referring to a plat or map on file in the office of the City Clerk or City Engineer which shall indicate by a boundary line the territory to be included in the assessment district, and which shall govern for all details as to the extent of the district. SECTION 4. TIME, PLACE AND NOTICE OF HEARING. The Council shall fix a time and place of public hearing on the question whether the public convenience and necessity require such improvement and shall order such hearing to be held by the Council. The Council shall also prescribe reasonable notice of hearing to be given by publication and posting, which notice shall satisfy the minimum requirements provided by this Resolution. In prescribing such notice reference may be made to this Resolution for particulars. Also, said Council may prescribe other notice as deemed necessary or within the public interest as it relates to the particular proceedings. SECTION 5. PUBLICATION OF NOTICE. The City Clerk shall cause notice of such hearing to be published twice in a newspaper of general circulation printed and published in this City. The first publication shall be not less than ten (10) days prior to the date of such hearing. SECTION 6. POSTING OF NOTICE. The Council shall direct the Superintendent of Streets to, and such Superintendent shall cause notice of such hearing to be conspicuously posted along the line of the con- templated work, at not more than 300 feet in distance apart, but not less than three in all, or, when the work to be dome is only upon an entire crossing or intersection or any part thereof, in front of each quarter block or irregular block liable to be assessed. If the work is chargeable upon a district, copies .of the notice shall also be posted on all the open streets within the district at not more than 300 feet in distance apart on each street so posted, but no pro- ceeding shall ever be held invalid for failure to post any street if this Section has been substantially complied with. In every case all posting must be completed at least ten (10) days before the day set for hearing protests or objections SECTION T. FORM AND CONTENTS OF NOTICE. Such notice shall, in legible characters, state briefly the work proposed, designating by its short title or otherwise the act or procedure resolution under which the project orimprovement is proposed to be undertaken; that the costs thereof or a part of such costs shall be assessed against lands to be benefited thereby; the day, hour and place of the hearing; that the Council proposed to find and determine whether the public convenience and necessity require the improvement; and that after such finding the proposed improvement may be ordered without further debt limitation or majority protest proceedings. Other pertinent matters may be included in the notice. SECTION S. PROTESTS. At the time set for the hearing, pro- tests may be made by any person interested who objects to the determi- nation by the Council that public convenience and necessity require the improvement, or to the ordering of such improvement, without further proceedings for majority protest or debt limitations. SECTION 9. HEARING: DECISION: EFFECT. The hearing may be continued from time to time. After the conclusion thereof and prior to adoption of a Resolution ordering the improvement, the 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 Council finds and determines by no less than a four-fifths (4/5) vote of all members thereof that the public convenience and necessity require such improvement the Council may thereafter, in accordance with the improvement act or procedure resolution specified or designated for the project, adopt a resolution ordering the improve- ment substantially as proposed, or as modified, altered or changed by order of the Council as authorized by the improvement act or procedure resolution for the project. After such finding and determination by the Council, the provision of law for debt limitation and majority protest as mentioned in Article XIII, -2- Section 17, of the Constitution shall not apply, and it shall not be necessary for the Council to prepare or to cause to be prepared, notice for hearing, hear, or report the hearing of any report thereon as to such improvement, except as may be required by the law or procedure resolution for the conduct of the improvement proceedings. SECTION 10. COMBINED HEARING AUTHORIZED. ear' required HOR ZED. The hearing equ red by this Resolution may be a separate hearing or may be combined and held concurrently with the hearing required by the improvement act or Reso- lution of Intention, pursuant to which the improvement proceedings is proposed. SECTION '11. COMBINED NOTICE AUTHORIZED. Notice of hearing_ ' required by this Resolution to be given by posting may be by posting a separate notice or may be by stating the necessary matters in a notice of hearing of protests posted pursuant to such improvement act or Reso- lution of Intention. The publication of notice of hearing as required herein may be by pub- lishing a separate notice, or by setting forth necessary recitals therefor in the Resolution of Intention, if published, or in such other notice of hearing of protests as may be published pursuant to such improvement act or Resolution of Intention. In any event there must be both posting and publication of notice of hearing in the manner and for not less than the time required herein, and the time, place and purpose of this hearing must be stated in such notice, all as required by the Act under which the work is to be per- formed. SECTION 12. CONSTRUCTION. This Resolution shall be liberally construed in order to effectuate its purpose. SECTION 13. CONSTITUTIONALITY. If any section, subsection or portion of this Resolution is declared to be invalid or unconstitu- tional by a Court of competent jurisdiction, such holding shall not affect the validity of the remainder of this Resolution, and the City Council of the City of f tin ton Beach California hereby declares that it would have adopted al the remaining sections, subsections, and portions of this Resolution notwithstanding. SECTION 14. SHORT TITLE. This procedure Resolution may be cited, known, and referred to as the "Public Convenience and Necessity Determination Resolution." APPROVED and ADOPTED this 210t day of April G _t4� A� e94 MAYOR'"Ur THE CITY OF HUNTINGTON BEACH, CALIFORNIA ATTEST: APPROVED AS To ropj(. DO P. BONFA City Attorney HUNTINGTON BEACH, CALIFORNIA BY: Deputy City Attorney -3- STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH City Clerk of the City of Huntington Beach, C41ifor5ia, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 4065 ' , was duly passed, approved and adopted by said City Council, approved and signed by the Mayor, and attested by the City Clerk, all at a meeting of said City Council held on the . 21st day of A ril , 19 75, and that the same was passed and adopted by the following vote,to wit: AYES: COUNCILMEN: Shipley, Bartlett, Coen, Matney, Wieder, Duke, Gibbs DOES: COUNCILMEN None ABSENT: COUNCILMEN: None DATED this 22nd day of April , 19 75 . CITY CLE THE CITY C RK O HUNTINGTON BEACH, CALIFORNIA (SEAT,)