Resolution Number 79-6-20-33'73
RESOLUTION NO. 79-6-20-3
DENYING PROTESTS - ASSESSMENT DISTRICT NO. 78-2
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, MAKING FINDINGS AND
DETERMINATIONS AND OVERRULING AND DENYING PROTESTS
IN A SPECIAL ASSESSMENT DISTRICT
WHEREAS, this City Council has heretofore commenced proceedings
pursuant to the provisions of the "Special Assessment Investiga-
tion, Limitation and Majority Protest Act of 1931", being Divi-
sion 4 of the Streets and Highways Code of the State of California,
and the "Municipal Improvement Act of 1913", being Division 12 of
said Code, for the construction of certain public works of improve-
ment, together with appurtenances and appurtenant work, in a special
assessment district in said City; said assessment district known and
designated as
ASSESSMENT DISTRICT NO. 78-2
[CAMINO CAPISTRANO]
(hereainfter referred to as the "Assessment District"); and,
WHEREAS, this City Council did set a time and place for public hear-
ing, pursuant to said "Special Assessment Investigation, Limitation
and Majority Protest Act of 1931", and for a public hearing under
the terms and provisions of the "Municipal ImprovementAct of 1913";
and,
WHEREAS, notices of the public hearings were given in the manner
and form as required by law, and, at the time for said public hear-
ings,.this City Council did consider all protests, written or oral,
to the proceedings and all matters related to the report for the
Assessment District, and all persons did have an opportunity to
appear and present testimony relating to said Assessment District;
and,
WHEREAS, at said time set for the public hearings the City Council
did consider all matters as to the method and formula of the assess-
ment spread and the determination as to whether or not the property
did receive a benefit and whether the assessments were apportioned
in accordance to benefit.
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 all protests and objections of every kind and
nature be, and the same hereby are, overruled and
denied, and it is further determined that said pro-
tests 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 Assess-
ment District.
t
375
SECTION 3. That it is hereby further determined that all pro-
perties within the boundaries of the Assessment
District receive a local and direct benefit from
the works of improvement as proposed for said
Assessment District and it is hereby further deter-
mined 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 re-
ceived thereto.
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
apportionment and distribution of all assessable
costs for these works of improvement.
APPROVED and ADOPTED this 20th day of June, 1979
ATTEST:
CITY CLEOM�—
CITY OF SAN JUAN CAPISTRANO
STATE OF CALIFORNIA
X cz��_ �
YOR
CITY OF SAN JUAN CAPISTRANO
STATE OF CALIFORNIA
-2-
3'7'7
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 fore-
going Resolution, being Resolution No. 79-6-20-3 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 20th day of June, 1979 , and that the
same was passed and adopted by the ollowing vote, to -wit:
AYES: COUNCIL MEMBERS: Schwartze, Thorpe, Buchheim
Mayor Friess
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Hausdorfer
Executed this 20th day of June, 1979 ,'at SAN
JUAN CAPISTRANO,O,California.
(SEAL) CITY CLEPK 61 O
CITY OF SAN JUAN CAPISTRANO
STATE OF CALIFORNIA
O
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 laws of the State of
California and in further compliance with City Resolution
No. 79-2-21-7 and on the 22nd day of June 1979
she caused to be posted:
RESOLUTION NO. 79-6-20-3
being: DENYING PROTESTS - ASSESSMENT DISTRICT NO. 78-2
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, MAKING FINDINGS AND
DETERMINATIONS AND OVERRULING AND DENYING PROTESTS
IN A SPECIAL ASSESSMENT DISTRICT
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 OVER, City Cler
San Juan Capistrano, California
CHECK LIST -2,9 L,
ORD. NO....____ RES. NO......_...
.... �.... Mayor has signed
......✓...... Clerk has signed
... city City Seal stamped
....... All blanks typed in /
"Absent.. '..............._-._---------------------------
.Noes............ . C- .`...-----
.................._....
.
.............. Typed in Official Record Book
...... .------- Posted to Classi ' Car s
............. Copies sent to . pYf..._.�.}i )..
.............. Legal Publication ordered to be published
(date) ............ .__... ......... ....._......
No. Affidavits ........... ............. ......---------------..
No. Printed copies required ._..._...._........
Remarks .........
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