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HomeMy WebLinkAboutCity Council - 4132 RESOLUTION NO. 4132 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA„ COVERING PRELIMINARY DETERMINATION THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRES CERTAIN IMPROVEMENTS IN AN ASSESSMENT DISTRICT, AND SETTING A TIME AND PLACE FOR HEARING THEREON. ASSESSMENT DISTRICT NO. 7302 (OLD TOWN DRAINAGE ASSESSMENT DISTRICT) 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 giving of such reasonable notice by publication and posting and the holding of such public hearing as the City Council shall have prescribed, said Council, by not less than four-fifths (4/5) 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 Investi- gation, Limitation and Majority Protest Act of 1931" shall not apply to any proceedings otherwise subject thereto when said improvement proceedings are 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 Huntington Beach is a charter city of the State of California NOW, THEREFORE , IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, STATE OF CALIFORNIA. AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2 . That it is the preliminary determination of said City Council that the public convenience and necessity require certain storm drainage improvements and acquisition in the City of Huntington Beach, State of California , hereinafter described, be made and that the cost and expense thereof be paid for by special assessments levied upon the property within the District benefitted thereby; and that all necessary proceedings therefore be had and taken without compliance with the provisions of the "Special Assess- ment Investigation , Limitation and Majority Protest Act of 1931" . SECTION 3 . That certain costs and expenses of said acquisition and improvement shall be assessed against the lands benefitted thereby, and the boundaries of the district of lands proposed to be assessed to pay the costs and expenses of said proposed acquisition and improvement are as shown upon a map of the District entitled: ASSESSMENT DISTRICT NO. 7302 (OLD. TOWN DRAINAGE ASSESSMENT DISTRICT) previously approved by this City Council on the 21st day of April, 1975 by the adoption of Resolution No. 4068 and a copy of said map is on file in the Office of the City Clerk of this City and is open to public inspection and is referenced for all further particu- lars. SECTION 4 . NOTICE IS HEREBY GIVEN THAT ON MONDAY, OCTOBER 6, 1975, AT 7 . 00 O'CLOCK P.M. IN THE COUNCIL CHAMBERS OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, STATE OF CALIFORNIA, LOCATED AT 2000 MAIN STREET, HUNTINGTON BEACH, CALIFORNIA 92648 , THERE SHALL BE A PUBLIC HEARING BEFORE THE CITY COUNCIL FOR THE PURPOSE OF DETERMINING WHETHER OR NOT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE ABOVE DESCRIBED IMPROVEMENT AND ACQUISITION. SECTION 5. That the City Clerk shall publish this Resolu- tion in the "Huntington Beach News" , a newspaper of general circula- tion in the City of Huntington Beach on 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 6. That the City Clerk shall cause Notice of said hearing to be posted along the line of the contemplated work and on all open streets within the Assessment District at not more than three hundred (300) feet in distance apart on each street so posted. SECTION 7 . The City Clerk is directed to mail Notices of said hearing to all persons owning real property proposed to be assessed, whose names and addresses appear on the last equalized assessment roll for the City taxes, said mailing to be completed at least fifteen (15) days prior to the date set for the public hearing. SECTION 8 . The following is a general description of the proposed works of improvement to be constructed within said Assess- ment District: The construction of certain storm water drain improve- ments together with appurtenances and appurtenant work including necessary acquisition and appurtenances in a special assessment district and generally within portions of the following streets: 2 . ADAMS AVENUE DELAWARE STREET YORKTOWN AVENUE GARFIELD AVENUE BEACH BOULEVARD and other streets and easements, and for particulars reference is further made to the map attached hereto, showing the proposed works of improvement and the boundaries of the assessment district, said map here- by referenced and incorporated herein. APPROVED and ADOPTED this 15th day of seiptember 1975. 70f_� -- MAYOR OF THE CITY OF HUNTINGTON BEACH STATE OF CALIFORNIA ATTEST: CITY CLERK OF THE CITY OF HUNTINGTON..BEACH, STATE OF CALIFORNIA 3 . O D �1 Z p 3 D o M (— \ GOLDENWEST ST I z O m •• m -i -t z Z STEWARTST M o ism, o Z CRYSTAL ST. m HOB ST Ll L.J L� / LAKE ST. n �' G07HAR0 ST A AB 1 A ST ALABA A TI n n S�, � aaoo El El F-I l Dlie DELAWARE ST. z FLORIDA ST. O m L m Z BEACH BLVD. EXIST. D-01 CHANNEL STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified and City Clerk of the City of Huntington Beach.. and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting hereof held on the 15th day of September 1975, by the following vote: AYES: COUNCILMEN: Bartlett, Matney, Shipley, Duke, Gibbs NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Wieder, Coen Dated this 15th day of September 1975. r CIS CITY CLERK CITY OF HUNTINGTON BEACH_. STATE OF CALIFORNIA