Resolution Number 80-1-23-9203
RESOLUTION NO. 80-1-23-9
REPORT APPROVAL AND SETTING PUBLIC HEARING - ASSESSMENT
DISTRICT NO. 78 -
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.
I•;IIEREAS, proceedings have been instituted for the construction
of certain public works of improvement and appurtenances under
the 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. 78-1,
ICAM•INO_CAPISTRANO SOUTH)
(hereinafter referred to as the "Assessment District"); and,
WHEREAS, there has been prepared and filed with the City Clerk of
said City a "Report" provided for in Sections 10203 and 10204 of
the Streets and Highways Code of the State of California, and the
City Clerk has presented and the Engineer has explained said
"Report" to the City Council for their consideration; and,
WHEREAS, Resolution of Intention No. 80-1-23-8 for this improvement
was duly adopted by the City Council on the 23RD day of JANUARY,
1930 ; and the "Report" as now presented shall stand as the
"Report" for the purpose of subsequent proceedings hereunder.
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 the "Report" of the Engineer referred to herein-
above is considered adopted, passed upon, and prelim-
inarily 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 acquisi-
tion, where necessary, and improvements and of the
incidental expenses in connection therewith, con-
tained in said."Report" , be, and each of them are,
hereby preliminarily approved and adopted.
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C. That the diagram showing the Assessment Dist-
rict referred to and described in said Resolu-
tion of Intention and also 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 said
Resolution of Intention, each of which subdivi-
sions have been given a separate number upon
said diagram, as contained in said "Report",
be, and it is hereby presliminarily 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 prelimi-
narily approved;
F. That said "Report" shall stand as the Engineer's
"Report" for the purpose of all subsequent pro-
ceedings had pursuant to said Resolution of
Intention.
SECTION 3. NOTICE IS HEREBY GIVEN THAT ON WEDNESDAY , THE
5TH DAY OF MARCH, 1980 , AT THE HOUR
OF 7:00 O'CLOCK P.I"I. , IN THE REGULAR ,•MEETING
PLACE OF THE CITY COUNCIL, 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 TO THE PROPOSED GRADES, 11AY
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 OF SAID CITY AT OR BEFORE THE TIME SET FOR THE
PUBLIC HEARING.
SECTION 4. 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 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 5. That the City Clerk is hereby directed to give notice
of said Public Hearing and of the passage of the Reso-
lution of intention and this Resolution by causing
such notice to be published in accordance with Section
6066 of the Government Code, in DAILY SUN -POST ,
a newspaper published and circulated in said City,
which is hereby designated by said City Council for that
purpose, all in accordance with the provisions of said
Division 12-
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207
SECTION 6. That the City Clerk is hereby directed to mail notice
of said Public Hearing and the adoption of the Reso-
lution 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 the county taxes prior
thereto or as known to the City Clerk, and to all
other persons as prescribed and in accordance with the
provisions of said Division 12..
SECTION 7. 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 Divi-
sion 4.5 of the Streets and Highways Code of the State
of California.
APPROVED and ADOPTED this 23rd day of January, 1980
ATTEST:
ITCLERK//-,-
CITY OF S JUAN CAPISTRANO
STATE OF CALIFORNIA
KENNETH E. FRIESS
, MAYOR
CITY OF SAN JUAN CAPISTRANO
STATE OF CALIFORNIA
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STATE OF CALIFORNIA )
COUNTY OF ORANGE j ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARY AN14 HANOVER, City Clerk of the CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DO HEREBY CERTIFY that the fore-
going Resolution, being Resolution No. 80-1-23-9 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 dnd Mayor Friess
alNOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
Executed this 23rd day of January, 1980 , at SAN
JUAN CAPISTRANO, Ca fornia.
(SEAL) CITY LE
CITY OF S4<N JUAN CAPISTRANO
STATE OF CALIFORNIA
210
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. 80-1-23-9
being: REPORT APPROVAL AND SETTING PUBLIC HEARING -
ASSESSMENT DISTRICT NO. 78-1
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
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 5'0-1 _2 3-g
ORD. NO--.- - RES. NO......_....
L...... Mayor has signed
........... Clerk has signed
.....�...... City Seal stamped
✓:. All blanks typed in
" ..
Absent ..... tV ...................--...._-........._..
"Noes"..........c. C� -- --......................_........---....
Typed in Official -Record Book
........ Posted to Classifi Card
74
..._........ Copies sent to.. .ems-�3�-,---P ...�.
_. �flrwO.t �....�U.tnn
._...._..... Legal Publication ordered to be published
(date) ------------------- --- ------_ --------- _-
No. Affidavits ... ------- ----- --------- ............._.........
No. Printed copies required _..1 .......... ...._.
Remarks ..........
(�2 f
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MARY ANIVHWVER, City rlerlf
San Juan Capistrano, California