HomeMy WebLinkAbout81-117RESOLUTION NO. 81-117
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA PRELIMINARILY DETERMINING
THAT THE SPECIAL ASSESSMENT INVESTIGATION, LIMI-
TATION AND MAJORITY PROTEST ACT OF 1931 SHALL NOT
APPLY TO PROPOSED ASSESSMENT DISTRICT NO. 246
WHEREAS, the City Council of the City of Santa Ana
has preliminarily determined that the central business
district of the City has an immediate need for parking
facilities, that the cost of such facilities be assessed
within a proposed Assessment District No. 246 pursuant to
the Municipal Improvement Act of 1913, and that bonds
representing said assessments be issued pursuant to the
Improvement Bond Act of 1915; and
WHEREAS, Section 33-43 et seq. of the Santa Ana
Municipal Code, S19 of Article XVI of the California
Constitution, and ~2804 of the Streets and Highways Code
provide that proceedings to order said improvements may be
conducted without first complying with the provisions of the
Special Assessment Investigation, Limitation and Majority
Protest Act of 1931, if after public notice and hearing, the
Council determines by a four-fifths vote of all members
thereof that the public convenience and necessity require
the proposed improvements and that said act shall not be
applicable;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF SANTA ANA, STATE OF CALIFORNIA, as follows:
1. The foregoing recitals are true and correct and
the City Council so finds and determines.
2. It does hereby preliminarily determine that the
public convenience and necessity require the construction of
the proposed facilities, and that the Special Assessment
Investigation, Limitation and Majority Protest Act of 1931
shall not apply.
3. lhursday , the 27th day of Au§ust ,
1981, at 7:30 p.m., in the Council Chamber of the City
Council, Cl~-~ Hall, Santa Ana, California, is hereby fixed
as the time and place where any and all persons interested
may appear and show cause, if any they have, why the City
Council should not find and determine that the public
convenience and necessity require the facilities heretofore
described be constructed without further compliance with the
Special Assessment, Investigation, Limitation and Majority
Protest Act of 1931. Any person interested, owning or
having any interest in the real property proposed to be
assessed in Assessment District No. 246 may file with the
City Clerk a written objection to undertaking said proceed-
ings without first complying with said Act, at or before the
time fixed for said hearing. Said objections shall bear the
signature of the objector and contain a description of his
property and a statement of the nature of his interest
therein. The Clerk shall endorse on each objection the date
of its receipt and, at the time appointed for said hearing,
shall present to the Council all such objections filed with
him.
RESOLUTION N0.81-117
4. The City Clerk is hereby directed to give
notice of the adoption of this resolution and of the said
time and place of hearing, by publishing the same twice in
the Register, and by posting the same on or near the Council
Chamber door of said Council and in the proposed district.
Said first publication and said posting shall be made at
least twenty (20) days before the date of hearing. Said
notice shall be combined with the "Notice To Property Owners
of Adoption of Resolution of Intention, etc."; shall state
the fact and date of passage of this Resolution and the date
and place set for hearing, briefly describe the proposed
improvements, and refer to said Resolution for further
particulars.
PASSED AND ADOPTED this 20th
1981 by the following vote:
day of July ,
AYES: Acosta, Bricken, Griset, Luxembourger, McGui§an, Serrato
NOES: Markel
ABSENT OR NOT VOTING: N0ne
G~:~['~r i c ken
Mayor, City of Santa Ana
ATTEST:
y Clerk
/~prove~ is to
City Attorney
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