HomeMy Public PortalAboutResolution 69-884RESOLUTION NO. 69 -884
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMPLE CITY OVER- RULING PROTESTS AND DETERMINING TO
ESTABLISH PEDESTRIAN MALL #5
WHEREAS, the City Council of the City of Temple City, did on the
17th day of September, 1968, adopt its Resolution of. Intention No.
68 -858 to establish the therein described Mall #5 and to order certain
work and improvements to be done and made in connection therewith,
which Resolution of Intention was duly and legally published in the
time, form and manner as required by law, shown by the Affidavit of
Publication of said Resolution of Intention on file in the office of
the City Clerk of said City; and
WHEREAS, after the adoption thereof, notices of the passage of
said Resolution of Intention, headed "Notice of Mall Improvement" were
duly and legally posted in the time, form, manner, locations and number
as required by law, as appears from the Affidavit of Posting said notices,
on file in the office of the City Clerk of the City; and
WHEREAS, after the adoption thereof, notices of the adoption of
Resolution of Intention were duly mailed to all persons owning real
property fronting on the property proposed for the improvements (or
otherwise located within the District) described in said Resolution of
Intention, according to the names and addresses of such owners, as the
same appear on the last equalized assessment roll for taxes prior to
the day of such mailing, or as known to the City Clerk, which said copies
were duly mailed in the time, form and manner as required by law, as
appears from the Affidavit of Mailing on file herein; and
WHEREAS, notice of said Resolution of Intention and hearing has
been duly recorded, as appears from the Affidavit of Recordation on
file; and
WHEREAS, said City Council on January 7, 1969, having duly received
and considered evidence oral and documentary concerning the jurisdic-
tional facts in this proceeding, the necessity for the contemplated
mall restrictions, work and improvement and the benefits to be derived
therefrom;
SECTION 1. NOW, THEREFORE, IT IS HEREBY RESOLVED that there has
been no majority protest to the establishment of such Mall #5 by the
owners of land having frontage on the proposed pedestrian mall; any
and all protests constituting less than such majority are hereby over-
ruled.
SECTION 2. IT IS FURTHER RESOLVED that any and all claims for
damages (Filed pursuant to Section 11304 of the Streets and Highways
Code) are as set forth on Exhibit "A" attached hereto; that each and
all of such claims are hereby disallowed; and as to such disallowed
claims, if any, the City Attorney is directed to proceed pursuant to
Section 11400 of the Streets and Highways Code to have an adjudicated
determination made of the value thereof. Because no assessments are
contemplated by these proceedings, such disputed claims shall not
affect further proceedings herein.
SECTION 3. IT. IS ALSO RESOLVED by the City Council of the City
of Temple City that the public interest and convenience require the
restrictions, mall establishment, and improvements referred to in said
Resolution No. 68 -858.
SECTION 4. BE IT ALSO RESOLVED THAT the boundaries of the Mall
District, and the work and improvements to be constructed, shall be
those set forth and described in said Resolution of Intention No. 68 -858
and in the plans and specifications incorporated therein, reference to
which is hereby made for all further particulars.
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Resolution No. 69 -884, Page 2
SECTION 5. IT IS FINALLY RESOLVED that (pursuant to Section 11311
of the Streets and Highways Code) the City Council hereby determines
to establish Mall #5 in the manner and means set forth in Resolution of
Intention No. 68 -858.
SECTION 6. The City Clerk shall certify to the adoption of this
Resolution.
ADOPTED AND APPROVED this 21st day of January , 1969.
ATTEST:
rat Ad
City C er o t e ity o
Temple City, California
le City, California
I hereby certify that the foregoing Resolution was duly adopted by
the City Council of the City of Temple City, at a regular meeting held
on the 2lstday of January , 1969, by the following vote of the
Council:
AYES: Councilmen- Beckley, Harker, Merritt, Tyrell and Briggs
NOES: Councilmen- None
ABSENT: Councilmen - None
City lerk—e the City o
Temple City, California