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HomeMy WebLinkAbout4678 RESOLUTION NO. 4678 RESOLUTION OF THE CITY COUNCIL MAKING FINDINGS AND DETERMINATIONS AND OVERRULING AND DENYING PROTESTS IN A SPECIAL ASSESSMENT DISTRICT. CITY OF ARCADIA HHEREAS, this City Council has heretofore commenced proceedings pursuant to the provisions of the "Special Assess- ment Investigation, Limitation and Majority Protest Act of 1931", being Division 4 'of the Streets and Highways Code of the State of California, and the "Municipal Improvement Act of 1913", being Division 12 of said Code for the construction of certain public works of improvement, together with appurtenances and appurtenant work, in a special assessment district in said City; said assessment district known and designated as ASSESSMENT DISTRICT NO. 76-1 (CENTRAL AREA STREET AND PARKING IlIPROVEHENTS) (hereinafter referred to as the "Assessment District"); and, WHEREAS, this City Council did set a time and place for public hearing, pursuant to said "Special Assessment Investigation, Limi~ation and Majority Protest Act of 1931", and for a public hearing under the terms and provisions of the "Municipal Improvement Act of 1913"; and, WHEREAS, notices of the public hearing were given in the manner and form as required by law, and, at the time for said public hearing, this City Council did consider all protests, written or oral, ta the pfoceedings, and all matters related to the report for the Assessment District and all persons did have an opportunity to appear and present testimony relating to said Assessment District; and, WHEREAS, at said time set for the public hearing the City Council did consider all matters as to the method and for~ mula of the assessment spread and the determination as,to whether or not the property did receive a benefit and whether the assessments were apportioned in accordance to benefit. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF ARCADIA CALIFORNIA, AS FOLLOWS: SECTION 1. That the above ~ecitals are all true and correct. SECTION 2. That all protests Dnd objections of every kind and nature be, and the sallie hereby are, ov"rru]cd and de- nied, and it is' further determined that said prote~ts and objec- tions are made by' the owners of less than one-half ,(1/2) of the area of property to b. assessed for said improvements within said Assessment District. I SECTION 3. That it is hereby futther determined that all properties within the boundaries of the Assessment District receive a local and direct benefit from the works of, improvement as proposed for said As~essment District and it is hereby further determined and declared that all assessable costs and expenses have been apportioned and spread over the properties within the boundaries of the Assessment District in direct proportion to the benefits received thereto. SECTION 4. That the Engineer's method of spread and apportionment of all costs is hereby adopted and approved by this City Council as being a correct and proper apportionment and distribution of all assessable costs for lhese works of improvement. SECTION 5. This City Council hereby further finds and determines that the public convcnircncc and necessity requires the ~Iorks of i.mprovement as contemplated for the Assessment District, and hereby orders the improvements to be made without further pro- ceedings in this respect to any Debt Limitations or Majority Pro- test. This determination and finding is made pursuant to the pro- visions of Section 2804 of the Streets and Highways Code of thc ' State of California, being the "Special Assessment Investigation, Limitation and Majbrity Protest Act of 1931", and in accordance with the provisions of Section 17, Article XIII of the Constitution of the State of California, and by this finding this City Council intends to fully meet the intent and requircments of said laws. APPROVED a~d ADOPTED this 6th day of MAYOR CITY STATE ATTEST': ~.A'uVL ca~ ~ CITY CLERK CITY OF ARCADIA STATE OF CALIFORNIA -2- STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF ARCADIA I, CHRISTINE VANMAANEN, City Clerk of the City of ARCADIA, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution. being Resolution No. 4678 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 regular meeting of said City Council held on the 6th day of December, 1977 , and that the same was passed and adopted by the following vote, to-wit: AYES: COUNCIL MEMBERS: Gilb, Lauber, Margett, Parry and Saelid COUNCIL MEMBERS: None NOES: ABSENT: COUNCIL MEMBERS: None DATED this 6th day of December, 1977 fP~~a{/77 CITY CLERK CITY OF AHCADIA STATE OF CALIFORNIA c !l.~ (SEAL) 3