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HomeMy WebLinkAboutCC RESO 8555RESOLUTION NO. 8555 RESOLUTION DETERMINING THAT PROJECT SHOULD PROCEED ("L" Avenue from 4th Street to 6th Street, "M" Avenue from 4th Street to 8th Street, 6th Street from Palm Avenue West to Sunny Vale, 7th Street from Palm Avenue West to Termin- ation, Alleys in Block 15, Pepper Plat, Map 1515) WHEREAS, the City Engineer has heretofore filed his report pursuant to the provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 for the improvements proposed on nLn AVENUE FROM 4TH STREET TO 6TH STREET, "M" AVENUE FROM 4TH STRFFT TO 8TH STREET, 6TH STREET FROM PALM AVENUE WEST TO SUNNY VALE, 7TH STREET FROM PALM AVEN- UE WEST TO TERMINATION, ALLEYS IN BLOCK 15, PEPPER PLAT, MAP 1515; and WHEREAS, pursuant to the authorization of the City Council of the City of National City hearings on said report have been conducted by the City Manager and the City Engineer and a report on said hearings has been filed with the City Council and is now on file with the Clerk of the City of National City pursuant to the provisions of Section 2858 of the Streets and Highways Code of California; and WHEREAS, said City Engineer and City Manager in said report have recommended certain modifications in the proposed improvements and the City Engineer has filed with the City Clerk modified plans incorporating said modifications; and WHEREAS, Streets and Highways Code Section 2905 re- quires a 4/5 affirmative vote of all members of the Council when the provisions of Streets and Highways Code Section 2900 are applicable, and WHEREAS, Resolution No. 8528, Resolution Determining That Project Should Proceed, received only 3/5 affirmative vote of all members of this Council, and it is now the intention of this Council to adopt a new Resolution Determining That Project Should Proceed with the required 4/5 vote, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City as follows: That Resolution No. 8528 of the City of National City be and hereby is rescinded, cancelled, and repealed. The said City Council of National City hereby finds and determines that the proposed project as modified in con- formance with the report and recommendations of the City Engineer and the City Manager, is feasible and that the lands to be assessed will be able to carry the burden of such pro- posed assessment and that the limitations on the amounts of assessment provided for in Part 5 of Division L. of the Streets and Highways Code of the State of California may and shall be disregarded both with respect to the limitations on the dis- trict as a whole and as to the limitation on individual speci- fic assessments. The City Council of the City of National City further finds and determines that the public interest, convenience and necessity require the acquisition or improvement substantially as set forth in the above -described report as modified and that the project is feasible and that the same should proceed under the law stated in the report as the statute under which the proceeding is to be conducted and that all protests against said proposed improvement, if any, are hereby overruled. PASSED AND ADOPTED this 2 ay of 1963, by the following vote: AYES: Allen, Colburn, Hart, Morgan, Gautereaux NOES: None ABSENT: None YOR / ✓ ATTF �f, CITY CLERK