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Resolution Number 80-3-19-840*9 RESOLUTION NO. 80 -3 -19 - DETERMINING NECESSITY - ASSESSMENT DISTRICT NO. 78-1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE CERTAIN PUBLIC IMPROVEMENTS IN A SPECIAL ASSESSMENT DISTRICT AND FURTHER STATING THAT "SPECIAL ASSESSMENT INVESTI- GATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931" DOES NOT APPLY. WHEREAS, a public hearing, for which reasonable notice has been given by publication and posting, has been held as to the public convenience and necessity for the construction of certain public works of improvement and appurtenant improvements in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 78-1 [CAMINO CAPISTRANO SOUTH] (hereinafter referred to as the "Assessment District"); and, WHEREAS, this City Council has heard and considered all the evi- dence, both oral and written, relative to the public convenience and necessity of the construction of the aforesaid improvements; and, WHEREAS, this City Council now is satisfied as to the works of improvement now proposed. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO CALIFORNIA, AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That this City Council hereby finds and determines that the public convenience and necessity require the following improvements, to -wit: The construction of certain public works of improvement, including public street and utility improvements, together with appurtenances and appurtenant work in the designated special assessment district ASSESSMENT DISTRICT NO. 78-1 [CAMINO CAPISTRANO SOUTH] all as described in Resolution of Intention No. 80-1-23-8. SECTION 3. This City Council further determines that the provi- sions and limitations of the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931" shall not be applicable to proceedings for this improvement. -1- 410 SECTION 4. That this project for certain public works of improvement shall proceed in accordance with and be financed through bonds issued pursuant to the terms and conditions of the "Improvement Act of 1911", being Division 7 of the Streets and Highways Code of the State of California. APPROVED and ADOPTED this 19th day of March, 1980 i IviftYO. CITY OF SAN JUAN CAPISTRANO STATE OF CALIFORNIA ATTEST: CITY OF SAN 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. 80-3-19-8 , 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 19th day of March , 1980, and that the same was passed and adopted by the following vote,.to-wits 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) MARY ANN HAN ER_, CITY CLERK CITY OF SAN JUAN CAPISTRANO, CALIFORNIA -2- 411 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) MARY ANN HANOVER, being first, duly sworn, deposes and says: That she is the duly appointed and qualified City Clerk of the City of San Juan Capistrano; That in compliance with State j 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. 80-3-19-8 I being: DETERMINING NECESSITY - ASSESSMENT DISTRICT NO. 78-1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO FINDING AND D TERMING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE CERTAIN PUBLIC IMPROVEMENTS IN A SPECIAL ASSESSMENT DISTRICT AND FURTHER STATING THAT "SPECIAL ASSESSMENT INVESTI- GATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931" DOES NOT APPLY in three (3) public places in the City of San Juan Capistrano, to wit: The Administration Buildiing; The San Juan Hot Springsl Dance Hall; The Orange County Public'ILibrary. MARY I -ANN , Cit Cle k San Tuan Capistrano, Californ' -3-