Res 155RESOLUTION NO. 155
RESOLUTION OF THE CITY COUNCIL
OVERRULING AND DENYING PROTESTS AND
MAKING CERTAIN FINDINGS IN A SPECIAL
ASSESSMENT DISTRICT.
WHEREAS, the CITY COUNCIL of the CITY OF POWAY, CALIFORNIA (hereinafter
referred to as "Agency"), has, by Resolution, declared its intention to order
the construction of certain public works of improvement, pursuant to the terms
and provisions of the ,'Municipal Improvement Act of 1913", being Division 12 of
the Streets and Highways Code of the State of California, in a special
assessment district known and designated as
ASSESSMENT DISTRICT NO. 79-1
(hereinafter referred to as the "Assessment District"); and,
WHEREAS, certain owners of property liable to be assessed for improvements
have filed written protests or objections and delivered the same to the Agency
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 Agency, 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 accordance to benefit were heard and considered by Agency.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION I.
SECTION 2.
That the above recitals are all true and correct.
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 protests and objections are made by the
owners of less than one-half (I/2) of the area of property to be
assessed for said improvements within said Assessment District.
SECTION 3.
That is hereby further determined that all properties 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 '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.
RESOLUTION NO. 155
Page Two
SECTION 4.
That the Engineer's method of spread and apportionment of all
costs is hereby adopted and approved by this Agency as being a
correct and proper apportionment and distribution of all assessable
costs for these works of improvement.
APPROVED and ADOPTED this 8th
day of September, 1981
MAYOR
C I TY OF POWAY
STATE OF CALIFORNIA
ATTEST:
CITY CL~RK~.
c ~ o~I .oWAY
STATE OK._.CALI FORNIA