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.
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MAYOR OF THE CITY OF HUNTINGTON BEACH
STATE OF CALIFORNIA
ATTEST:
CITY CLERK OF THE CITY OF
HUNTINGTON..BEACH, STATE OF CALIFORNIA
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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.
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CITY CLERK
CITY OF HUNTINGTON BEACH_.
STATE OF CALIFORNIA