HomeMy WebLinkAboutCC RESO 6452RESOLUTION NO. 6L52
RESOLUTION FINDING AND DETERMINING THE PERCENTAGE OF
DEMANDS BY PROPERTY OWNERS FOR INVESTIGATION
UNDER THE PROVISIONS OF DIVISION 4 OF THE STREETS
AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA
WHEREAS, after proceedings duly had and taken by
Resolution No. 6416 of the City Council of the City of National
City, adopted on the 7th day of June, 1955, and pursuant to the
provisions of the "Special Assessment Investigation, Limitation
and Majority Protest Act of 1931", which is now embodied in
Division 4 of the Streets and Highways Code of the State of
California, this said Council has -determined and declared that it
was the initial view of this Council that the improvement contem-
plated and described in Resolution No. 6415 is one in which the
probable assessment would not exceed the limitations set up by
said Act; and
WHEREAS, the Engineer's Report adopted by Resolution
No. 6451 has determined that the improvement contemplated and
described in Resolution No. 6415 is one in which the probable
assessments will exceed the limitations set up in Division 4
of the Streets & Highways Code of the State of California and
otherwise known as the "Special Assessment Investigation, Limita-
tion and Majority Protest Act of 1931"; and
WHEREAS, the City Clerk of the said City of National
City has given notice of the contemplated action of the said Council
in the time, form and manner provided by the said Act and has made
and filed her affidavit showing mailing of notices in accordance
with the provisions of said Act; and
WHEREAS, the 14th day of June, 1955, is the date fixed
from which the time of the property owners to register their opin-
ion and decision shall run, and more than thirty (30) days has
expired from and after said last mentioned _date; and
WHEREAS, it is the opinion of this Council that the
proposed improvement is feasible and that the lands to be assessed
will be able to carry the burden of such proposed improvement;
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City
Council of the City of National City that the number of returned
postcards, in response of said notices have been computed and
tabulatedthat as a result of said computation and tabulation,
this said Council hereby finds and determines. that the owners of
less than fifteen (15%) percent of the area of lands proposed to
be assessed for the proposed improvement described in said Resolu-
tion No. 6415 have demanded the making of the investigation
provided -For under the provisions of the "Special Assessment
Investigation, Limitation and Majority Protest Act of 1931".
BE IT FURTHER RESOLVED, by said Council that the limita-
tions con�ained in Part 5, Division 4 of the Streets and Highways
Code of California be disregarded.
Said City Council hereby directs the City Attorney to
prepare, for adoption hereafter, the Resolution of Intention for
the doing of said work or improvement.
PASSED AND ADOPTED this- day of , 1955 .
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ATTEST:
Mayor
City Clerk