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Resolution Number 80-3-19-2363 RESOLUTION NO. 80-3-19-2 OVERRULING AND DENYING PROTESTS - ASSESSMENT DISTRICT NO. 78-3 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO OVERRULING AND DENYING PROTESTS AND MAKING CERTAIN FINDINGS. WHEREAS, this City Council has, by Resolution, declared its intention to order the construction of certain public works of improvement, pursuant to the terms and provisions of the "Munici- pal Improvement Act of 1913," being Division 12 of the Streets and Highways Code of the State of California, in a special assess- ment district in said City known and designated as ASSESSMENT DISTRICT NO. 78-3 (ORTEGA PROPERTIES) (hereinafter referred to as the "Assessment District"); and WHEREAS, certain owners of property liable to be assessed for im- provement have filed written protests or objections and delivered the same to the Clerk not later than the hour set for hearing such objections; and WHEREAS, at the time set for said Public Hearing, all protests and. objections were duly heard and considered by the City Council and all matters as to the method and formula of the assessment spread and the determination as to whether or not the property did receive a benefit and whether the assessments were apportioned in accord- ance to benefit were heard and considered by this City Council. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF TETE CITY OF SAN JUAN CAPISTRANO CALIFORNIA, AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That all protests and objections of every kind and nature be, and the same hereby are, overruled and de- nied, and it is further determined that said protests and objections are made by the owners of less than one-half (1/2) of the area of property to be assessed for said improvements within said Assessment District. SECTION 3. That it is hereby further determined that all prop- erties within the boundaries of the Assessment Dis- trict receive a local and direct benefit from the works of improvement as proposed for said Assessment District, and it is hereby further determined and declared that all assessable costs and expenses have been apportioned and spread over the properties within the boundaries of the Assessment District in direct proportion to the benefits received thereby. -1- SECTION 4. That the Engineer's method of spread and apportion- ment of all costs is hereby adopted and approved by this City Council as being a correct and proper ap- portionment and distribution of all assessable costs for these works of improvement.. APPROVED and ADOPTED this 19th day of March, 1980 MAYOR CITY OF SAN JUAN CAPISTRANO ATTEST: STATE OF CALIFORNIA CITY CLERK CITY OF S N JUAN CAPISTRANO STATE OF CALIFORNIA STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, City Clerk of the CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 80-3-19-2 , was duly passed, approved and adopted by said City Councill , approved and signed by the Mayor, and attested by the City Clerk, all at a regular meeting of said City Council held on the 19th day of March , 1980, and that the same was passed and adopted by the following vote, to -wit: AYES: Councilmen Hausdorfer, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: Councilman Schwartze Executed this 19th day of March , 1980, at SAN JUAN CAPISTRANO, California. (SEAL) /Jn,�i� MARY ANN OVER, CITY CLERK CITY OF S N JUAN CAPISTRANO, CALIFORNIA -2- 365 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 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 21st day of March , 1980, she caused to be posted: RESOLUTION NO. 80-3-19-2 being: OVERRULING AND DENYING PROTESTS - ASSESSMENT DISTRICT NO. 78-3 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO OVERRULING AND DENYING PROTESTS AND MAKING CERTAIN FINDINGS 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. n /1�- MARY N AN ER, City Clerl San Juan Capistrano, California -3-