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Resolution Number 80-3-19-1367 RESOLUTION NO. 80-3-19-1 ORDERING CHANGES - ASSESSMENT DISTRICT NO. 78-3 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO ORDERING CERTAIN CHANGES AND MODIFICATIONS. WHEREAS, this City Council did, on the 23RD day of JANUARY, 1980 , adopt its Resolution of Intention pursuant to the provisions o t e "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California, for the construction of certain public works of improvement in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 78-3 (ORTEGA PROPERTIES) (hereinafter referred to as the "Assessment District"); and, WHEREAS, subsequent thereto, this City Council did, by Resolution, approve the "Report" and call for sealed bids on the construction of the works of improvement as contemplated in said Assessment District; and, WHEREAS, prior to said Public Hearing, sealed bids were received and considered for the construction of the works of improvement in the Assessment District, and based on the recommendations therefor, it is now determined that assessments can be amended and modified be- cause of the favorable construction bid so received; and, WHEREAS, it now appears to this City Council that certain changes and modifications should be considered in the "Report" and assess- ments for the Assessment District. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO STATE OF CALIFORNIA, AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That it is in the best public interest and convenience that assessments be modified, amended and reduced as set forth on Exhibit "A", attached hereto and made a part hereof, and said City Council does hereby order the proceedings, the "Report" and the assessment roll to be modified and amended to reflect the amendments as set forth in said Exhibit "A". SECTION 3. That said changes and modifications above mentioned are hereby ordered pursuant to the authority as set forth in Section 10352 of the Streets and Highways Code of the State of California ("Municipal Improve- ment Act of 1913"). -1- SECTION 4. That the Superintendent of Streets is hereby ordered to make the above listed corrections and modifications for the assessment roll, and the assessments as set forth in the "Report" previously approved. SECTION 5. That the Engineer's Report, the Assessment Roll, and all related documentation, as so modified, are all for the best interests of the property owners within the Assessment District, and said assessment, as modified and apportioned, is in accordance with the benefits re- ceived and the "Report", as herein modified and amended, shall now stand as the "Report" for all subsequent pro- ceedings relating to this Assessment District. APPROVED and ADOPTED this 19th day of March, 1980 ZLI:2��c - - MAYOR I CITY OF SAN JUAN CAPISTRANO STATE OF CALIFORNIA ATTEST: CITY CL � 7: CITY OF Skfi JUAN CAPISTRANO STATE OF CALIFORNIA 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 Resolution, being Resolution No. 80-3-19-1 , 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 regular meeting of said City Council held on the 19th day of March , 1980, and that the same was passed and adopted by the following vote, to -wit: AYES: Councilmen Hausdorfer, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: Councilman Schwartze Executed this 19th day of March 1980, at SAN JUAN CAPISTRANO, California. ' (SEAL) MARY ANN VER, CITY CLERK CITY OF SAN JUAN CAPISTRANO, CALIFORNIA -2- 359 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 21st day of March . 1980 she caused to be posted: being: RESOLUTION NO. 80-3-19-1 ORDERING CHANGES - ASSESSMENT DISTRICT NO. 78-3 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO ORDERING CERTAIN CHANGES AND MODIFICATIONS 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. 0'�k" �� 4Clk MARY AN H VER, Cit O San Juan Capistrano, California -3- 361 CHANGES AND MODIFICATIONS ENGINEER'S "REPORT" ASSESSMENT DISTRICT NO. 78-3 CITY OF SAN JUAN CAPISTRANO BASED ON THE CONSTRUCTION BIDS RECEIVED IT IS HEREBY DETERMINED THAT THE ASSESSMENTS CAN BE MODIFIED AND AMENDED TO THE FOLLOWING PARTICULARS: Total Construction Costs: Total Incidental Expenses: Total Estimated Project: Estimated City Contribution: Balance to Assessment: As Preliminarily As Modified Approved $4,913,961.00 $4,104,540.50 $1,756,562.00 $1,739,754.66 $6,670,523.00 $5,844,295.68 $ 715,0$7.00 $ 540,785.68 $5,955,436.00 $5,303,509.48 The ASSESSMENT ENGINEER is hereby directed to modify the assessments to reflect the above total figures and the method and formula used for the assessment spread shall remain substantially the same as previously approved by this City Council. EXHIBIT "A"