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HomeMy WebLinkAbout0976 ORDINANCE NO. '976 AN ORDINANCE OF THE CITY OF ARCADIA, CALIFORNIA, FINDING AND DETERMINING, THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE, AND ORDERING, THE ACQUIS ITION AND IMPROVEMENT FOR VEHICLE PARKING DISTRICT NO. 2 OF SAID, CITY AND ESTAB- LISHING THE BOUNDARIES OF SAID DISTRICT. (Vehicle Parking District No.2) WHEREAS, a petition for the formation of a vehicle parking district entirely within the City of Arcadia, Cali- fornia, under the provisions of the Vehicle Parking District Law of 1943 (Part 1 of Division 18 of the Streets and High- ways Code of the State of California) was filed in the office of the ,City Clerk on July 3, 1956, and said petition was duly signed by the requisite number of qualified signers and con- tained all of the matters and things required by law and was in every respect sufficient; and WHEREAS, said petition was checked by said City Clerk and said City Clerk has executed a certificate to the effect that said petition is signed by the requisite number of qualified signers and presented said petition and said certificate to this City Councilj and WHEREAS, proceedings were duly taken, and a hear- ing duly held pursuant to notice duly given, under the SpeCial Assessment Investigation, Limitation and Majority Protest Act of 1931 (being Division 4 of the Streets and Highways Code) and no written protest was filed by the owners of One-half of the area to be assessed for the proposed acquisition and improvement, and this City Council, by' " . '. t,~" ,. resolution duly adopted, determined that the,p~bliC interest, convenience and necesSity re~ui~e the, acquisition and: impro~e- " ment substantially as set forth in the report, onfll,e in the office of the City Clerk and that the project is feasiblej and WHEREAS, on October 24, 1956,this City Council duly adopted Ordinance No. 970'of said city declaring the intention of this City Council to form said district to be known as Vehicle Parking District No.2 of said city, and to acquire the lands and construct the improvements proposed in said peti- tion, and fixing December 4, 1956, at '8:00 o'clock P.M.', in the Council Chambers of this City Council as the time and place for the hearing of protests and objections by this City Councilj .and WHEREAS, said Ordinance No. 970 was duly published, posted and mailed as provided by,said Law, and said hearing was' held at the time and place so fixedj and WHEREAS, at said hearing, all persons, desiring to be heard were fully heard, and all protests and objections, if any, made or file4 were fully heard and the same have been' overruled and denied by order entered on the minutes of this City Council, and said hearing has been duly conclugedj and WHEREAS, this City Council has determined by order entered in its minutes that written objections or protests to the thing or things proposed to be done as set forth in said Ordinance No. 970 have not been made by the owners of more than one-half of the area of the land included within the proposed district and subject to assessmentj and has . I ., I' 2.' l furthe~ determined by said order that there has been no majority protest within the meaning 'of Section 2930 of the Street6 and Highways Code of the State of Californiaj , and WHEREAS, it is the judgme~t of this City Council that all of the land within the proposed district as herein- after described will be benefited, by the proposed acquisition , and improvementj and WHEREAS, the City Attorney, has already brought a condemnation action under authority of law for the acquisi- tionof the property hereinafter in this ordinance described; NOW, THEREFORE, the City Council of the City of' Arcadia, California, DOES ORDAIN as follows: Section l. That the City Council of the City of Arcadia hereby finds and determines that the public interes~ and necessity require the acqui~ition and improvement de- scribed in said Ordinance No. 970 and hereinafter described. Section 2. That this City Council hereby orders the acquisition described in said Ordinance No. 970,' 'namely, the acquisition in fee simple for parking places of the follow- ing described property in the City of Arcadia, to wit: Lots 25 tp 3l, inclusive, Block ,74, Arcadia Santa Anita Tract, Miscellaneous Records" Book l5, Page 89, Official Records of Los Angeles County. Section 3. That this City Council hereby orders the improvement described in said Ordinance No. 970, namely, the improvement of the p~rking places to be acquired as 3. described in Section 2 hereof, by the constructi'onthereon of work and improvement, as follows: (l) Clearing and grading, including the removal of any existing structures or other obstruct~ons. (2) Paving with asphaltic concrete. (3) Construction of driveway approaches. (4) Construction of wheel-bumpers. (5) Painting stall lines,' directional lines and arrows, and installation of appropriate informa- tionsigns. (6) Any necessary work or materials appurtenant to any of the foregoing. Section 4. That the boundaries of Vehicle Parking District No. 2 of the City of A~cadia are hereby fixed and established as follows: Beginning at the intersection of the center, lines of Huntington Drive and Santa Anita Avenue, thence northerly along the center line of said Santa Anita Avenue to the westerly prolongation of the center line of the east-west alley in Block 79, Arcadia Santa Anita Tract, Miscellaneous Records, Book l5,' Page 89, Records of,' Los Angeles County j thence easterly along said last mentioned westerly 'prolongation, the center line of said alley, and the easterly prolongation of said last mentioned center line to the center line of First Avenue; thence 4. southerly ,along the center line of said First Avenue to the,cente;r line of Huntington Drivej 'thence w~~terly along the center line 'of said Huntington Drive:to the pOint'of beginning. Section 5. That this City Council hereby declares that a vehicle parking. district as above described and desig- nated and numbered as Vehicle Parking Distr~ct No. 2 of the City of Arcadia has been duly formed under the provisions of said Vehicle Parking District Law of 1943. Section 6. That, pursuant to Section 4186 of the streets and Highways Code, the City Attorney of the City of Arcadia is hereby directed to continue prosecution of the condemnation action heretofore brought by said City Attorney under authority of law prior to tneadoption of this ordi- nance, to wit, th8t certain action in the Superior Court of the State of California in and for the County of Los Angeles, , entitled "The City of Arcadia, a municipal corporation, vs. James Donald Rohrer et al.," Superior Court No. 662982, for the condemnation of the property necessary and proposed to be acquired, as described in said Ordinance No. 970 and described in Sectio~2 hereof; provided that this City Council may contract for the purchase of any of said lands, and any part of said lands aoquired by purchase ,or gift need not be included in the condemnation action, or if included therein need not be condemned. Except as otherwise provided in said Parking District Law of 1943, said above-entitled action shall be carried on in the same manner and subject to the provisions of the Street Opening Act of 1903 and particularly in Chapters 7, 8, 9 and 10 thereof. 5. Section 7. That the City Clerk shall certify to the adoption of this ordinance and shall cause this ordinance to be published once in the ARCADIA TRIBUNE AND ARCADIA NEWS# a newspaper of general circulation published in the City of Arcadia. Section 8. This ordinance shall become effective tnirty (30) days after'the date of its adoption. ADOPTED, SIGNED AND APPROVED this '18th day of December, 1956." .~{~~~ Arcadia, California ATTEST: '~>a~~' y erf 01' e City of , Arcadia, California (SEAL), - .' , " , STATE OF CALIFORNIA" ,} COUNTY OF LOS ANGELES CITY OF ARCADIA ,ss. I, CHRISTINE VAN MAANEN, City Clerk of the City'of Arcadia, California, DO HEREBY CERTIFY that the foregoing ordinance was introduced ,at a , , regular meeting of the City Council of said cIty, duly held on the 4th day of December, 1956, and thereafter at a regular meeting of said City Council, duly he1o-on the l~th day of December, 1956, duly passed and adopted by said City Council and signed and approved by the Mayor of said city, and that said ordinance was so passed and adopted by the following vote, to wit:' ' AYES: Councilmen Dennis, Jacobi, Phillips, Reibold \ f'IRST,RE:"DIN.,&,..,~:'"~:;"",J ,!FCO!/D RE..D'NG...... ,L" ,:?~.. ':,~:OPTED " /), :i. ."..4.., ,: 1 NOES: , ; aCP~"lXDr!f ,~:.:.~;~~.;:, ABSENT: 'ltll:llr14llNcE,.o.....1m............, ' and Camphouse Councilmen None Councilmen None (SEAL) ,~aM~ 'City Clerk of the City 0 Arcadia. California 6.