Resolution Number 81-10-6-3F__
293
RESOLUTION N0. 81-10-6-3
INING NECESSITY - ASSESSN
/T VI TTS T T N
DISTRICT 80-2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, FINDING
AND DETERMINING THAT THE PUBLIC INTEREST,
CONVENIENCE AND NECESSITY REQUIRE THE
IMPROVEMENTS AND APPURTENANCES SUBSTANTIALLY
AS SET FORTH IN THE REPORT FILED PURSUANT TO
THE "SPECIAL ASSESSMENT INVESTIGATION,
LIMITATION AND MAJORITY PROTEST ACT OF 1931";
THAT THE PROJECT IS FEASIBLE; AND THAT THE
LANDS WILL BE ABLE TO CARRY THE BURDEN OF THE
PROPOSED ASSESSMENT, ASSESSMENT DISTRICT 80-2
(McCRACKEN HILL)
The City Council of the City of San Juan Capistrano,
California (hereinafter referred to as "Agency") does hereby
resolve as follows:
SECTION 1.
That all protests and objections be overruled and
denied upon the express finding that they are made by the
owners of less than one-half (1/2) of the area of property to
be assessed.
SECTION 2.
That the public interest, convenience and necessity
require certain public works of improvement and appurtenances
and appurtenant work in a special assessment district known and
designated as
ASSESSMENT DISTRICT 80-2
(McCRACKEN HILL)
(hereinafter referred to as the "Assessment District"),
substantially as set forth in the "Report" thereof filed under
the provisions of the "Special Assessment Investigation,
Limitation and Majority Protest Act of 1931", being Division 4
of the Streets and Highways Code of the State of California.
SECTION 3.
That the project is feasible and that the lands to be
assessed will be able to carry the burden of the proposed
assessment, and that the limitations of the amounts of
assessments provided for in Division 4 of the Streets and
Highways Code of the State of California be disregarded both
with respect to the limitation on the Assessment District, as a
whole, and as to the limitation on individual specific
assessments.
-1-
SECTION 4.
That by this Resolution, it is the intention of
Agency to make all findings by the affirmative four-fifths
(4/5ths) vote of all members thereof that all determinations as
to necessity and feasibility and necessity to disregard the
limitations and proceedings set up in Division 4 as therein
provided be made and determined.
APPROVED and ADOPTED this 6th day of October
1981.
ATTEST:
i IIl�'PC
�7
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
/ eej:��
PHILLIP R. SCHWARTZE, MCYOR
I, MARY ANN HANOVER, City Clerk of the CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution, being
Resolution No. 81-10-6-3 was duly passed, approved and
adopted by said City Council, approved and signed by the Mayor,
and attested by the City Clerk, all at a regular meeting of
said City Council held on the 6th day of October ,
1981, and that the same was passed and adopted by the following
vote, to -wit:
AYES: Councilmen Friess, Hausdorfer, Bland,
Buchheim and Mayor Schwartze
NOES: None
ABSENT: None
Executed this 6th day of October 1981, at SAN JUAN
CAPISTRANO, California.
(SEAL)
MARY ANN ?�' OVER, CITY CLERK
CITY OF S`N JUAN CAPISTRANO, CALIFORNIA
-2-
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
and says:
AFFIDAVIT OF POSTING
MARY ANN HANOVER, being first duly sworn, deposes
295
That she is the duly appointed and qualified City Clerk
of the City of San Juan Capistrano;
That in compliance with State laws of the State of
California and in further compliance with City Resolution
No. 79-2-21-7 and on the 9th day of October 1981 ,
she caused to be posted:
RESOLUTION NO. 81-10-6-3
being: DETERMINING
DISTRICT 80-2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, FINDING
AND DETERMINING THAT THE PUBLIC INTEREST,
CONVENIENCE AND NECESSITY REQUIRE THE
IMPROVEMENTS AND APPURTENANCES SUBSTANTIALLY
AS SET FORTH IN THE REPORT FILED PURSUANT TO
THE "SPECIAL ASSESSMENT INVESTIGATION,
LIMITATION AND MAJORITY PROTEST ACT OF 1931";
THAT THE PROJECT IS FEASIBLE; AND THAT THE
LANDS WILL BE ABLE TO CARRY THE BURDEN OF THE
PROPOSED ASSESSMENT, ASSESSMENT DISTRICT 80-2
(McCRACKEN HILL)
in three (3) public places in the City of San Juan Capistrano,
to wit: The Administration Building; The San Juan Hot Springs
Dance Hall; The Orange County Public Library.
MARY ANN-PNOVER, City Clerk
San Juan Capistrano, California
-3-