Resolution Number 80-1-23-8•
RESOLUTION NO. 80-1-23-8
RESOLUTION OF INTENTION - ASSESSMENT DISTRICT NO. 78-1
RESOLUTION OF THE CITY COUNCIL OF SAN JUAN CAPISTRANO,
CALIFORNIA, DECLARING INTENTION TO ORDER THE CONSTRUCTION
OF CERTAIN IMPROVEMENTS, DESCRIBING PROPOSED DISTRICT,
AND PROVIDING FOR THE ISSUANCE OF BONDS.
THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO
STATE OF CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the public interest and convenience require,
and it is the intention of this body, pursuant to
the provisions of Division 12 of the Streets and
Highways Code of the State of California (the
"Municipal Improvement Act of 1913") to order the
construction of certain public works of improve-
ment, together with appurtenances and appurtenant
work, in a special assessment district known and
designated as
ASSESSMENT DISTRICT NO. 78-1
[CAMINO CAPISTRANO SOUTH]
(hereinafter referred to as the "Assessment District").
DESCRIPTION OF IMPROVEMENT
A. The construction of certain public works of
improvement, together with appurtenances and
appurtenant work in connection therewith, in
certain public streets and rights-of-way in
the Assessment District, and for further par-
ticulars, reference is hereby made to Exhibit
"A" attached hereto, incorporated and so re-
ferenced. For further particulars, reference
is hereby made to a map of said Assessment
District previously adopted by this body and
on file in the Office of the City Clerk.
B. Said streets and highways are more particularly
shown in the records in the Office of the County
Recorder and shall be shown upon the plans here-
in referred to and to be filed with these
proceedings.
C. All of said work and improvements are to be con-
structed at the places and in the particular
locations, of the forms, sizes, dimensions and
materials, and at the lines, grades and eleva-
tions as shown and delineated upon the plans,
profiles and specifications to be made therefor,
as hereinafter provided.
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D. The description of the improvements and the
termini of the work contained in this Reso-
lution are general in nature. All items of
work do not necessarily extend for the full
length of the description thereof. The plans
and profiles of the work as contained in the
Engineer's Report shall be controlling as to
the correct and detailed description thereof.
E. Whenever any public way is herein referred to
as running between two public ways, or from or
to any public way, the intersections of the
public ways referred to are included to the
extent that work shall be shown on the plans
to be done therein.
F. Notice is hereby given of the fact that in
many cases said work and improvement will
being the finished work to a grade different
from that formerly existing, and that to said
extent, said grades are hereby changed and
said work will be done to said changed grades.
DESCRIPTION OF ASSESSMENT DISTRICT
SECTION 2. That said improvements and work is of direct benefit
to the properties and land within the Assessment
District and the City Council of this City hereby
makes the expenses of said work and improvement
chargeable upon a district, which said Assessment
District is hereby declared to be the Assessment
District benefited by said work and improvements and
to be assessed to pay the costs and expenses thereof,
including incidental expenses and costs, and which
is described as follows:
All that certain territory situated in the
CITY OF SAN JUAN CAPISTRANO
included within the exterior boundary lines shown
on the plat exhibiting the property affected or
benefited by or to be assessed to pay the costs and
expenses of said work and improvements in the
Assessment District, said map titled and identified as
"PROPOSED BOUNDARIES OF
ASSESSMENT DISTRICT NO. 78-111
and which said map was heretofore approved and which
said map or diagram is on file in the Office of the
City Clerk, EXCEPTING from the area shown within and
delineated upon said map or plat hereinabove referred
to, the area of all public streets, public avenues,
public lanes, public roads, public drives, public
courts, public alleys, and all easements and rights-
of-way therein contained belonging to the public.
For all particulars as to the boundaries of the
Assessment District, reference is hereby rude to said
boundary map heretofore previously approved, and for
a complete description of the said Assessment District,
the said plat and proposed boundary map on file shall
govern.
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REPORT OF ENGINEER
SECTION 3. That this proposed improvement is hereby referred to
WILLIAM D. MURPHY, DIRECTOR OF PUBLIC WORKS, THE
APPOINTED SUPERINTENDENT OF STREETS
who is hereby directed to make and file the report in
writing containing the following:
A. Plans and specifications of the proposed improve-
ments;
B. An estimate of the cost of the proposed works of
improvement, including the cost of the incidental
expenses in connection therewith;
C. A.diagram showing the Assessment District above
referred to, which shall also show the boundaries
and dimensions of the respective subdivisions of
land within said Assessment District, as the same
existed at the time of the passage of the Resolution
of Intention, each of which subdivisions shall be
given a separate number upon said Diagram;
D. A proposed assessment of the total amount of the
assessable cost and expense of the proposed improve-
ment upon the several divisions of land in propor-
tion to the estimated benefits to be received by
such subdivisions, respectively, from said improve-
ment. Said assessment shall refer to such subdi-
visions upon said diagram by the respective numbers
thereof;
E. The description of the works of improvement to be
constructed under these proceedings and acquisi-
tion, where necessary.
When any portion or percentage of the cost and ex-
penses of the improvement, is to be paid from sources
other than assessments, the amount of such portion or
percentage shall first be deducted from the total
estimated cost and expenses of said work and improve-
ments, and said assessment shall include only the
remainder of the estimated cost and expenses_ Said
assessment shall refer to said subdivisions by their
respective numbers as assigned pursuant to Subsection
D. of this Section.
BONDS
SECTION 4. That it is hereby determined and declared that serial
bonds shall be issued in accordance with Division 7
of the Streets and highways Code ("Improvement Act of
1911") to represent each assessment of One Hundred
Fifty Dollars ($150.00) or more, remaining unpaid for
thirty (30) days after the date of recordation of
the diagram and assessment for this improvement and
acquisition. The serial bonds shall extend over a
period of NINE ( 9 ) years from the second
day of January next succeeding the next September 1st
following their date. The interest rate on said bonds
shall not exceed Eight Percent (88) per annum.
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The'principal sum shall become due and payable in
equal annual payments on each October 15th succeeding
the September lst following the date of the bonds
until fully paid.
The first interest payment shall be payable on the
April 15th next succeeding the I -larch lst or October
15th next succeeding the September 1st, as the case
may be, next following the date of ,the bonds. The
following interest payments shall each be for six
months interest and shall be payable on each fifteenth
Of April and October, the last interest payment coming
due the October 15th immediately preceding the last
annual payment of the principal of the bonds issued to
represent the unpaid assessment.
Pursuant to the provisions of the Streets and Highways
Code of the State of California; specifically Section
10603, the City Treasurer is hereby designated as the
officer of said City to collect and receive the assess-
ments, during the cash collection period. Said bonds
further shall be serviced and collected by the City
Treasurer.
"MUNICIPAL IMPROVEMENT ACT OF 1913"
SECTION 5. That except as herein otherwise provided for the issu-
ance of bonds, all of said improvements shall be made
and ordered pursuant to the provisions of the "Munici-
pal Improvement Act of 1913", being Division 12 of the
Streets and Highways Code of the State of California.
SURPLUS FLNDS
SECTION 6. That if any excess shall be realized from the assess-
ment, it shall be used, in such amounts as the City
Council may determine, in accordance with the provi-
sions of law for one or more of the following purposes=
SECTION 7.
A. Transfer to the general fund of the City;
provided that the amount of any such trans-
fer shall not exceed the lesser of One
Thousand Dollars ($1,000) or five percent
(5%) of the total amount expended from the
Improvement Fund;
B. As a credit upon the assessment and any
supplemental assessment; or
C. For the maintenance of the improvement.
SPECIAL FUN'
That the legislative body hereby establishes a special
fund designated
"IMPROVEMENT FUND FOR ASSESSMENT
DISTRICT NO. 73-1 [CAMINO CAPISTRANO SOUTH]"
into which funds may be transferred at any time to
expedite the making of the improvement herein autho-
rized and said funds are a loan and shall be repaid
out of the proceeds of the sale of assessments as
authorized by law.
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PRIVATE CONTRACT
SECTION 8. Notice is hereby given that, in the opinion of the
City Council, the public interest will not be.ser-
ved by allowing the property owners to take the
contract for the construction of the improvements
and that, pursuant to Section 10502.4 of the Streets
and Highways Code of the State of California, no
notice of award of contract shall be published.
GRADES
SECTION 9. That notice is hereby given that the grade to which
the work shall be done is to be shown on the plans
and profiles therefor, which grades may vary from
the existing grades. The work herein contemplated
shall be done to the grades as indicated on the
plans and specifications for a description of the
grade at which the work is to be done. Any objec-
tions or protests to the proposed grade shall be
made at the public hearing to be conducted under
these proceedings.
PROCEEDINGS INQUIRIES
SECTION 10. For any and all information relating to these pro-
ceedings, including information relating to protest
procedure, all notices, resolutions, affidavits
and/or certificates, your attention is directed to
the below designated person at the agency or depart-
ment indicated:
WILLIAM D. MURPHY, DIRECTOR OF PUBLIC WORKS,
THE APPOINTED SUPERINTENDENT OF STREETS,
CITY HALL
CITY OF SAN JUAN CAPISTRANO
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
(714) 493-1171
BOND REDEMPTION
SECTION 11. The legislative body further elects to provide that
bonds upon redemption, shall provide a premium of
five percent (5%) on the unmatured principal and said
language shall be added to the redemption clause in
bond form to require the property owner to pay said
redemption premium in order to discharge the obligation
of the lien.
APPROVED and ADOPTED this 23rd
day of January, 1980 _
KENNETH E. FRIESS, MAYOR
CITY OF SAN JUAN CAPISTRANO
STATE OF CALIFORNIA
ATTEST:
CITY CLEF}
CITY OF SAN JUAN CAPISTRANO
STATE OF CALIFORNIA
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DESCRIPTION OF 1',ORK
The general description of work consists of the construction
of certain grading, clearing and grubbing, asphalt concrete
paving, aggregate base, asphalt concrete overlay, concrete
curb and gutter, concrete sidewalks, concrete drive approaches,
storm drain system, underground electrical and communication
utility facilities, street light installation including all
appurtenant and appurtent work necessary to accomplish the
above improvements to the specified widths and dimensions of
all said work as located in CAMINO CAPISTRANO beginning 1850
feet northeasterly of Avenida Aeropuerto and continuing north-
easterly approximately 800 feet thereof.
EXHIBIT "A"
201
SPATE OF CALIFORNIA )
COUNTY OF ORANGE
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. 80-1-23-8 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 adjourned regular meeting of said City Council held
on the 23rd day of January, 1980 , and that the
same was passed and adopted by the ollowing vote, to -wit -
AYES: COUNCIL MEMBERS: Hausdorfer, Schwartze,
Thorpe, Buchheim and Mayor Friess
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS- None
Executed this 23rd day of January, 1980 , at SAN
JUAN CAPISTRANO, --California.
(SEAL) efTY CLERK
CITY OF S JUAN CAPISTRANO
STATE OF CALIFORNIA
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
and says:
AFFIDAVIT OF POSTING
MARY ANN HANOVER, being first duly sworn, deposes
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 25th day of January 1980,
she caused to be posted:
RESOLUTION NO. 80-1-23-8
being: RESOLUTION OF INTENTION - ASSESSMENT DISTRICT NO. 78-1
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DECLARING INTENTION TO ORDER
THE CONSTRUCTION OF CERTAIN IMPROVEMENTS, DESCRIBING
PROPOSED DISTRICT, AND PROVIDING FOR THE ISSUANCE
OF BONDS
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.
CHECK LIST fO ./ _ Z 3
ORD. NO- ........ _ RES. NO.--- .......
�..
..... Mayor has signed
....
.............. Clerk has signed
.._ .. City Seal stamped
s%.. All blanks typed in
"Absent" ..:Pr...... ...........
"Noes ......... :i�.................. '......._-�--.....----
......._.... Typed in Official Record Book.
.............. Posted to Classif Card //
..._........ Copies sent to... L-!0j,.k.
.............. Legal Publication ordered to be published
(date)................................... .._......................
No. Affidavits------.._---------------_------
No. Printed copies required .._.7... ............
_
Remarks
XARY AD&W UANOVER, City &lk�
San Juan Capistrano, California