Resolution Number 85-7-2-6RESOLUTION NO. 85-7-2-6
DECLARING INTENT TO ORDER FORMATION OF
DISTRICT AND SETTING PUBLIC HEARING -
LANDSCAPING MAINTENANCE DISTRICT NO. 1,
TRACTS 10103, 11093, 11094, AND 11095
CAPISTRANO ROYALE)
A RESOLUTION OF THE CITY COUNCIL OF -,THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING
ITS INTENTION TO ORDER THE FORMATION OF A
MAINTENANCE DISTRICT AND TO LEVY AND COLLECT
ASSESSMENTS, AND SETTING A TIME AND PLACE FOR
PUBLIC HEARING THEREON - LANDSCAPING MAINTENANCE
DISTRICT NO. 1, TRACTS 10103, 11093, 11094,
AND 11095 (CAPISTRANO ROYALE)
8;
WHEREAS, the City Council of the City of San Juan
Capistrano, California, has ordered and approved an Engineer's
"Report" for the certain special maintenance district proceedings
pursuant to the terms of the "Landscaping and Lighting Act of
1972," being Division 15, Part 2 of the Streets and Highways Code
of the State of California, in what is known and designated as
LANDSCAPING MAINTENANCE DISTRICT NO. 1
(hereinafter referred to as the "Maintenance District").
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1.
That the above recitals are all true and correct.
DECLARATION OF INTENTION
SECTION 2.
That the public interest and convenience requires, and
it is the intention of this City Council to order the formation
of a maintenance district and to levy and collect assessments to
pay the costs and expenses for the following designated works of
maintenance:
The works of maintenance shall include necessary
mowing, weed control, fertilization, general
maintenance and cleanup, and operation and maintenance
of an irrigation system, together with appurtenances
and appurtenant work in the public places and parkways
within the boundaries of the proposed Maintenance
District. For particulars as to the location of said
work, reference is made to the boundary map and
Engineer's "Report" as previously approved and on file
in the Office of the City Clerk.
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84 BOUNDARIES OF MAINTENANCE DISTRICT
SECTION 3.
That said works of maintenance are of direct benefit to
the properties within the boundaries of said Assessment District,
which District the City Council previously declared to be the
area benefited by said works of maintenance, and for particulars r
reference is made to the proposed boundary map as previously
approved by this City Council, a copy of which is on file in the
Office of the City Clerk and open for public inspection, and
designated by the name of this Maintenance District.
ASSESSMENTS
SECTION 4.
The public interest and convenience requires, and it is
the intention of this City Council to order the annual levy of
assessments for the maintenance and/or servicing of the above
works of maintenance as set forth and described in the Engineer's
"Report."
REPORT OF ENGINEER
SECTION 5.
That the "Report" of the Engineer on file with the
Clerk, setting forth a full and detailed description of the
proposed works of maintenance, the boundaries of the proposed
Maintenance District, including any zones, and the proposed
assessment upon assessable lands, as previously approved, is on
file in the Office of the City Clerk and open for public
inspection. Reference is made to said document for all
particulars relating to these proceedings.
PUBLIC HEARING
SECTION 6.
NOTICE IS HEREBY GIVEN THAT TUESDAY, THE 6TH DAY OF
AUGUST, 1985, AT THE HOUR OF 7:00 O'CLOCK P.M., IN THE REGULAR
MEETING PLACE OF THE CITY COUNCIL, BEING THE COUNCIL CHAMBERS,
CITY HALL, IS THE TIME AND PLACE FIXED BY THIS CITY COUNCIL FOR
HEARING PROTESTS OR OBJECTIONS TO THE FORMATION OF THE PROPOSED
DISTRICT, TO THE EXTENT OF THE WORKS OF MAINTENANCE, AND TO THE _
METHOD AND FORMULA OF THE ASSESSMENT. ANY PERSON WISHING TO
OBJECT TO THESE PROCEEDINGS AND ALL MATTERS AS SET FORTH IN THIS
RESOLUTION OF INTENTION SHOULD FILE A WRITTEN PROTEST WITH THE
CITY CLERK PRIOR TO THE TIME SET FOR THE PUBLIC HEARING.
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PUBLIC AND UTILITY PROPERTY t"
SECTION 7.
That it is hereby determined that public property owned
by any public agency and in the use and performance of a public
function and which is included within the boundaries of this
Maintenance District shall be omitted and exempt from any
assessment made under these proceedings. If any railroad, gas,
water or electric utility right-of-way shall be included within
the boundaries of the Maintenance District and subject to
assessment, in determining the extent of benefit it shall be
presumed that its use as a utility shall be permanent.
NOTICE
SECTION 8.
That the City Clerk is hereby authorized and directed
to give notice as follows:
A. A copy of this Resolution of Intention shall be
published in the CAPISTRANO VALLEY NEWS, a
newspaper of general circulation within said City;
said publication to be completed not less than ten
(10) days prior to the date set for the public
hearing.
B. A copy of this Resolution of Intention shall be
mailed first-class and deposited postage prepaid
to all property owners whose names and addresses
appear on the last equalized County assessment
roll, said mailing to be completed not less than
twenty (20) days prior to the date set for the
public hearing.
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86 PROCEEDINGS INQUIRIES
1. SECTION 9.
For any and all information relating to these
proceedings, including information relating to protest procedure,
your attention is directed to the person designated below:
WILLIAM D. MURPHY
DIRECTOR OF PUBLIC WORKS
CITY OF SAN JUAN CAPISTRANO
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
TELEPHONE: (714) 493-1171
PASSED, APPROVED AND ADOPTED this
July , 1985
ATTEST:
i _���. I
140141
f
2nd day of
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. 85-7-2-6 , adopted by
the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 2nd day of
July 1985 , by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
and Mayor pro tem Hausdorfer
NOES: None
ABSENT: Mayor Schwartze
(SEAL)
MARY ANN VER, CITY CLERK
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4
EMA
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. 83-12-20-3 and on the 5th day of July , 1985 ,
she caused to be posted:
RESOLUTION NO. 85-7-2-6
being: DECLARING INTENT TO ORDER FORMATION OF
DISTRICT AND SETTING PUBLIC HEARING -
LANDSCAPING MAINTENANCE DISTRICT NO. 1,
TRACTS 10103, 11093, 11094, AND 11095
(CAPISTRANO ROYALE)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING
ITS INTENTION TO ORDER THE FORMATION OF A
MAINTENANCE DISTRICT AND TO LEVY AND COLLECT
ASSESSMENTS, AND SETTING A TIME AND PLACE FOR
PUBLIC HEARING THEREON - LANDSCAPING MAINTENANCE
DISTRICT NO. 1, TRACTS 10103, 11093, 11094,
AND 11095 (CAPISTRANO ROYALE)
in three (3) public places in the City of San Juan Capistrano,
to wit: City Hall; Old Fire Station Recreation Complex; Orange
County Public Library.
MARY ANN A OVER, CITY CLERK
San Juan Capistrano, California
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