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RESOLUTION NO.
4242
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, PRESCRIBING STEPS NECES-
SARY FOR CONDUCT OF A PUBLIC HEARING AND NOTICE
THEREOF ON THE PUBLIC CONVENIENCE AND NECESSITY
WHERE SPECIAL ASSESSMENT PROCEEDINGS ARE PRO-
POSED TO BE TAKEN WITHOUT COMPLIANCE WITH THE
"SPECIAL ASSESSMENT INVESTIGATION, LIMITATION
AND MAJORITY PROTEST ACT OF 1931".
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY OF
ARCADIA, 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 re-
quire the same.
If such procedure is not so followed and if such
finding and determination is not made pursuant thereto, the re-
quirements otherwise prescribed by the "Special Assessment In-
vestigation, limitation and Majority Protest Act of 1931" (Divi-
sion 4 of the Streets and Highways Code) and Article XIII, Sec-
tion 17, of the Constitution shall be complied with before any
such resolution may be adopted.
SECTION 2. ORDER TO HOLD HEARING: DETERMINATION OF NA-
TURE 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 ex-
tent of such proposed improvement or acquisition. Reference may
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be made to one or more plans, profiles, specifications, maps or
plats for the description of the improvement and for all partic-
ulars relative thereto, which plans, profiles, specifications,
maps, 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 of-
fice 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 ex-
tent of the district.
SECTION 4. TIME, PLACE AND NOTICE OF HEARING. The Coun-
cil shall fix a time and place of public hearing on the question
whether the public convenience and necessity require such improve-
ment 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.
SECTION 5. PUBLICATION OF NOTICE. The City Clerk shall
cause notice of such hearing to be published twice in a newspaper
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of general circulation printed and published in this city. The
first publication shall be not less than ten 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 contemplated work, at not more than 300 feet in
distance apart, but not less than three in all, or, when the work
to be done 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 with-
in the district at not more than 300 feet in distance apart on
each street so posted, but no proceeding shall ever be held in-
valid 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 days before the day set for hearing protests or objections.
SECTION 7. 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 or improvement 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 re-
quire the improvement; and that after such finding the proposed
improvement may be ordered without further debt limitation or
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majority protest proceedings. Other pertinent matters may be
included in the notice.
SECTION 8. PROTESTS. At the time set for the hearing,
protests may be made by any person interested who objects to
the determination 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 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 improvement substantially as
proposed, or as modified, altered or changed by order of the
Council as authorized by the improvement act or procedure resolu-
tion for the project.
After such finding and determination by the Council,
the provisions of law for debt limitation and majority protest
as mentioned in Article XIII, Section 17, of the Constitution shall
not apply, and it shall not be necessary for the Council to pre-
pare or to cause to be prepared, hear, notice for hearing, or re-
port the hearing of any report thereon 'as to such improvement,
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except as may be required by the law or procedure resolution for
the conduct of the improvement proceedings.
SECTtON 10. COMBINED HEARING AUTHORIZED. The hearing
required by this resolution may be a separate hearing or may be
combined and held concurrently with the hearing required by the
improvement act or Resolution of Intention pursuant to which the
improvement proceeding 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 neces-
s&ry matters in a notice of hearing of protests posted pursuant
to such improvement act or Resolution of Intention.
The publication of notice of hearing as required
herein may be by publishing 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 publica-
tion 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 performed.
SECTION 12. CONSTRUCTION. This resolution shall be
liberally construed in order to effectuate its purpose.
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SECTION 13. CONSTITUTIONALITY. If any section, subsec-
tion or portion of this resolution is declared to be invalid or
unconstitutional by a court of competent jurisdiction, such
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holding shall not effect the validity of the remainder of this
resolution, and the city Council of the City of Arcadia hereby
declares that it would have adopted all of the remaining sec-
tions, subsections, and portions of this resolution notwithstand-
ing.
SECTION 14. SHORT TITLE. This procedure resolution may
be cited, known, and referred to as the "Public Convenience and
Necessity Determination Resolution".
SECTION 15. The City Clerk shall certify to the passage
of this resolution and cause the same to be published twice in
ARCADIA TRIBUNE
" a daily newspaper printed and
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published in the City of Arcadia.
APPROVED and ADOPTED this
7th day of
March
1972.
ATTEST:
did~ A:ffJ~="7L-
CITY CLERK OF THE CITY OF
ARCADIA, CALIFORNIA
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MAYOR OF THE
G;ALIFORNIA
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ARCADIA
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CHRISTINE VAN MAANEN
City Clerk of the City of
Arcadia
California, DO HEREBY CERTIFY that -the foregoing
Resolution, being Resolution No.
4242
, was
duly p~ssed, approved and adopted by said City Council,
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approved and signed by the Mayor, and attested by the
City Clerk, all at a
regulaT'
meeting of
said City Council held on the 7th day of March
1972
, and that the same was passed and adopted by
the following vote, to wit:
AYES:
COUNCILMEN Arth, Considine; Ha,ge
and Helms
NOES:
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ABSENT:
COUNCILMEN Butterworth
DATED this
7th
day of
March
1972
(SEAL)
I1tudT~ ?Cf/n~ ~
CITY CLERK OF THE CITY OF
ARCADIA,- CALIFORNIA