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ORDINANCE No. 79(1958 Series)
AN ORDINANCE OF INTENTION TO ABANDON A PORTION OF
MOTLEY AVENUE,
BE IT ORDAINED by the Council. of the City of Saar Luis Obispo as follows $
SECTION to That the following described portion of Motley Avenue shall be
and is hereby abandoned:
That portion of Motley Avenus ]yang north of the northerly
prolongation of Hathway Avenue,
SECTION 2. That 'Jun e 2,1958v at 8 :00 o I clock P.M. in the Council Cha mbers
of the City Hall is hereby declared to be the time and place set for public hearing
on said abandonment,
SECTION 3. That the City Engineer shall post notices on said street in
accordance with Section 8322 of the Street and Highways Cods and shall cause this
ordinance to be published once at least ten days prior to said hearing in the
Te3jsgra m- Tribune.. a:. newspaper published and circulated in said City.
SECTION 4, This ordi.rnance8 together with the ayes and ncea :e . shaall be
ptnbUsshed once in full8 at least three days before its final passage8 in the
Telegram.Tribunee as newspaper published and circulated in said CitYp end tkn Sam
shall go into effect at the expiraaticn of thirty days after its final passage,
INTRODUCED Ar:D PASSED TO PRINT thietday Of )ril 1958,0 by the
folloidng roll call vote:
AYES: Nels Beck, Kenneth W. Jones, Richard G. Sleight, J. Barry Smith
Fred H. Lucksinger
NOES,
None
ANSENTt
None E
Cr'
ATTEST:
79
r
79
'+ ding requested by
City of San Luis Obispo Doc No.20 -3_.4
OFFICIAL RECORDS
SAN LUIS OBISPO CO., CALIF.
return to WILLIAM E. ZIMARIK,
City Clerk COUNTY RECORDER
P. 0. Box 1 328 JUN 2 7 1972
" � San Eu i s i spo, C� -93401 ,
I11WE 3.3 S P # .
RESOLUTION NO. 2304 (1972 Series)
A RESOLUTION DECLARING THE PURPOSE AND EFFECT
OF ORDINANCE NO. 79 (1958 Series).
WHEREAS, on June 2, 1958, the Council of the City of San Luis Obispo unanimously
added and gave final passage to Ordinance No. 79 (1958 Series) entitled "An Ordinance
of Intention to Abandon a Portion of Motley Avenue;" and
WHEREAS, said ordinance was adopted after a duly noticed public hearing held
in strict compliance with the requirements of California Streets and Highways Code section
related to the vacation of city streets; and
WHEREAS, a question has arisen concerning the purpose and effect of said
ordinance and it is in the best interests of the city to provide clarification thereof;
NOW, THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo:
The adoption and final passage of Ordinance 79 (1958 Series) by the Council of the
City of San Luis Obispo on June 2, 1958, necessarily included as a prerequisite thereto a
finding by the Council that the portion of Maley Avenue described therein was unnecessary
for present or prospective public jstreet purposes. Further, the adoption of said ordinance
necessarily included an order vacating said portion of Motley Avenue. Said ordinance has
been consistently and continually interpreted and applied by the city to include such
finding and order, and this resolution is adopted to. ratify such interpretation and to make
it binding upon the city with respect to any and all questions or proceedings concerning
- T
said portion of Motley Avenue. C
. G
On motion of Councilman Blake, seconded by Councilman Brown, and on the
following roll call vote:
AYES: Councilmen Blake, Brown, Graham and Mayor Schwartz
NOES: None
ABSENT: Councilman Gurnee
poi 16 7S "Arli 498
the foregoing Resolution was duly passed and adopted this 3rd day of April, 1972.
s/ KENNETH E. SCHWARTZ
.d.yor
ATTEST:
s/ J. H. FITZPATRI,CK
City Clerk
I hereby certify that the %e solution wa.s; duly and
FINALLY PASSED AND ADOPTED this 2 day of June--__, 19589 by
the following roll call vote:
AYES: Kenneth W. Jones, Richard G. Sleight, J. Barry Smith, Fred H.
NOES: Lucksinger
None
ABSEM Nels Beck
Mayor