Resolution Number 89-10-17-83'78
RESOLUTION NO. 89-10-17-8
ADOPTING REPORT - ASSESSMENT DISTRICT 89-1 (HIDDEN VALLEY)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, PASSING ON THE "REPORT"
OF THE ENGINEER, GIVING PRELIMINARY APPROVAL, AND
SETTING A TIME AND PLACE FOR PUBLIC HEARING -
ASSESSMENT DISTRICT 89-1 (HIDDEN VALLEY)
WHEREAS, the City Council of the City of San Juan Capistrano, California,
has instituted proceedings for the construction of certain public works of improvement
and appurtenances under 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. 89-1 (HIDDEN
VALLEY) (hereinafter referred to as the "Assessment District"); and,
WHEREAS, there has been prepared and filed with the legislative body a
"Report" provided for in Sections 10203 and 10204 of the Streets and Highways Code of
the State of California, and this "Report" has been presented for consideration; and,
WHEREAS, said "Report" is a combined "Report," consolidating the
requirements of both the "Municipal Improvement Act of 1913" and the "Special
Assessment Investigation, Limitation and Majority Protest Act of 1931"; and,
WHEREAS, a Resolution of Intention for this improvement was previously
adopted by the legislative body; and the "Report" as now presented shall stand as the
"Report" for the purpose of subsequent proceedings hereunder.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1.
That the above recitals are all true and correct.
SECTION 2.
That the "Report" of the Engineer referred to hereinabove is considered
adopted, passed upon, and preliminarily approved, as follows:
A. That the plans and specifications for the proposed improvements to be
made, contained in said "Report" be, and they are hereby preliminarily
approved and adopted;
B. That the Engineer's estimate of the itemized and total costs and
expenses of said acquisition, where necessary, and improvements, and of
the incidental expenses in connection therewith, contained in said
"Report", be, and each of them are hereby preliminarily approved and
adopted;
C. That the diagram showing the Assessment District referred to and
described in said Resolution of Intention, and also the boundaries and
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dimensions of the respective subdivisions of land within said Assessment
District, as the same existed at the time of the passage of said
Resolution of Intention, each of which subdivisions have been given a
separate number upon said diagram, as contained in said "Report," be,
and it is hereby preliminarily approved and adopted;
D. That the proposed assessment upon the several subdivisions of land in
said Assessment District, in proportion to the estimated benefits to be
received by such subdivisions, respectively, from said acquisition and
improvements, and of the incidental expenses thereof, as contained in
said "Report," be, and they are hereby preliminarily approved and
adopted;
E. That the maps and descriptions of the lands and easements to be
acquired, as contained in said "Report" be, and the same are hereby
preliminarily approved;
F. That the total amount of unpaid and/or previously levied special
assessments, if any, as set forth, are preliminarily approved;
G. That the valuation data, including the true value of the land and
improvements, as determined from the cash values of the parcels as
shown upon the last equalized assessment roll of the County is hereby
preliminarily approved.
SECTION 3.
That said "Report" shall stand as the Engineer's "Report" for the purpose of all
subsequent proceedings had pursuant to said Resolution of Intention.
SECTION 4.
Notice is hereby given that on Tuesday, the 5th day of December, 1989, at the
hour of 7:00 p.m., in the regular meeting place of this legislative body, being the Council
Chambers, City Hall, any and all persons having any objections to the proposed work, or
assessment, or extent of the Assessment District, or the the proposed grades, may appear
and show cause why said work should not be done or carried out in accordance with the
Resolution of Intention and the "Report" of the Engineer. Protests must be in writing
and must be delivered to the City Clerk at or before the time set for the public hearing.
SECTION 5.
That the City Clerk is hereby directed to give notice of said Public Hearing by
causing to be conspicuously posted on all open streets within the Assessment District, not
more than 300 feet apart on each street so posted, but not less than 3 in all, notice of the
passage of the Resolution of Intention and of this Resolution, all in accordance with the
provisions of said Division 12.
SECTION 6.
That the City Clerk is hereby directed to give notice of said Public Hearing
and of the passage of the Resolution of Intention and this Resolution by causing such
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notice to be published in accordance with Section 6066 of the Government Code, in the
newspaper previously designated as the newspaper for all publications as required by law
and as necessary for completion of this Assessment District.
SECTION 7.
That the City Clerk is hereby directed to mail notice of said Public Hearing
and the adoption of the Resolution of Intention and of the filing of the "Report" to all
persons owning real property proposed to be assessed, whose names and addresses appear
on the last equalized assessment roll for County taxes prior thereto, or as known to said
City Clerk, and to all other persons as prescribed in accordance with the provisions of
said Division 12.
SECTION S.
That the City Clerk is hereby further directed to file a copy of the proposed
boundary map in the Office of the County Recorder within fifteen (15) days of the
adoption of the proposed boundary map; said boundary map to be in the manner and form
as set forth in Division 4.5 of the Streets and Highways Code of the State of California.
PASSED, APPROVED, AND ADOPTED this 17th _ day
of October ,1989.
ATTEST:
CITY CLEER
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GARY L. AUSDORFER, MA) OR
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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 is a true and correct copy of
Resolution No. 89-10-17-8 adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the 17th day
of October , 1989, by the following vote:
AYES:. Councilmen Schwartze, Buchheim, Bland,
and Mayor Ilausdorfer
NOES: None
ABSTAIN: Councilman Friess
ABSENT: None
(SEAL) MARY ANN NOVER, CITY CLERK
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