Resolution Number 80-3-19-10RESOLUTION NO.
80-3-19-10
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CONFIRMING ASSESSMENT - ASSESSMENT DISTRICT NO. 78-1
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO CONFIRMING ASSESSMENT, ORDERING THE
IMPROVEMENTS MADE, TOGETHER WITH APPURTENANCES, AND
APPROVING THE ENGINEER'S REPORT.
WHEREAS, this City Council did, on the 23RD day of
JANUARY, 1980 , adopt its P.esolution of -Intention No.
80-1-23-8 for the construction of certain public works of
improvement, together with appurtenances and appurtenant work,
including acquisition, where appropriate, in a special assess-
ment district known and designated as
ASSESSMENT DISTRICT NO. 78-1
[CAMINO CAPISTRANO SOUTH]
(hereinafter referred to as the "Assessment District"); and,
WHEREAS, pursuant to said Resolution of Intention, a "Report", as
therein provided, was presented, considered, and approved by this
Council; and,
WHEREAS, said "Report" as preliminarily approved contained all the
matters and items called for by law and as pursuant to the provi-
sions of the "Municipal Improvement Act of 1913", being Division
12 of the Streets and Highways Code of the State of California, in-
cluding the following:
1. Plans and specifications of the
proposed improvements;
2. Estimate of Cost;
3. Diagram of Assessment District;
4. An Assessment according to Benefits;
5. A Description of the Works of Improvement;
and,
WHEREAS, this City Council has heard and considered all protests
and a full hearing having been given all in the manner provided by
law; and,
WHEREAS, notices of said hearing were duly and regularly posted,
mailed and published in the time, form and manner required by law
and as evidenced by affidavits on file in the Office of the Citv
Clerk; and,
WHEREAS, the owners of one-half (1/2) of the area assessed for the
cost of the project did not file written protests against the said
proposed improvements and acquisition, where appropriate, and said
City Council did, after providing a full hearing, overrule and deny
all protests and objections; and,
WHEREAS, said City Council is now satisfied with the assessment and
all matters contained in the "Report", as now submitted,
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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", consisting of the assessment and
diagram for the improvements, together with appur-
tenances and appurtenant work in connection therewith,
including acquisition, where appropriate, is hereby
confirmed.
SECTION 3. That the public interest and convenience require the
proposed improvement to be made and therefore said
City Council hereby orders the work to be done and
improvements to be made together with appurtenances
and appurtenant work in connection therewith, in-
cluding acquisition, where appropriate, in said
Assessment District, as set forth in Resolution of
Intention No.80-1-23-8 adopted on the 23RD day
of JANUARY, 1980 J as set forth in the
"Report presented and considered by this City Council,
and as now submitted.
That the Engineer's "Report", including the estimate
of the itemized and total costs and expenses of said
acquisition, where appropriate, and improvements, in-
cluding incidental expenses in connection therewith,
be and it is hereby finally adopted and so approved.
SECTION A. That the City Treasurer of this City is hereby autho-
rized and directed to establish a special fund account
to be known and designated as
"IMPROVEMENT FUND FOR
ASSESSMENT DISTRICT NO. 78-1"
into which shall be paid all payments to be received
upon said assessment, and the proceeds of the sale of
securities to be issued representing unpaid assessments.
SECTION 5. That the assessment contained in said "Report" is here-
by levied upon the respective subdivisions of land in
the Assessment District as set forth in said "Report".
SECTION 6. That the City Clerk shall forthwith deliver to the
Superintendent of Streets the said assessment, together
with the diagram attached thereto and made a part there-
of, as confirmed by this City Council with his certifi-
cate of such confirmation thereto attached and the date
thereof; and that said Superintendent of Streets shall
then immediately record said diagram and assessment in
his office in a suitable book to be kept for that pur-
pose and attach thereto his certificate of the date of
such recording.
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SECTION 7. That said Superintendent of Streets, upon the recording
of said diagram and assessment, shall mail to each owner
of real property within the Assessment District at his
last known address, as the same appears on the tax rolls
of the City or on file in the Office of the City Clerk
of said City, or to both addresses if said address is not
the same, or to the General Delivery when no address so
appears, a statement containing a designation by street
number or other description of the property assessed
sufficient to enable the owner to identify the same, the
amount of the assessment, the time and place of payment
thereof, the effect of failure to pay within such time,
and a statement of the fact that bonds will be issued on
all unpaid assessments pursuant to the applicable
provision of law and the Resolution of Intention.
SECTION 8. That said Superintendent of Streets shall also give
notice by publishing a copy of a notice of recording
of assessment in the DAILY SUN -POST
a newspaper published in said City in the manner and
form as provided by law, giving notice that said assess-
ment has been recorded in his Office, and that all sums
assessed thereon are due and payable immediately, and
that the payment of said sums is to be made within
thirty (30) days after the date of recording the assess-
ment, which date shall be so stated in said notice, and
of the fact that securities will be issued upon unpaid
assessments.
SECTION 9. That the City Clerk, immediately upon recordation of
the assessment roll and diagram, shall file a certified
copy of the assessment diagram in the Office -of -the
County Recorder. Immediately thereafter, said City
Clerk further shall record a copy of the notice of
assessment in the Office of said County Recorder ih the
manner and form as set forth by law and specifically
Section 3114 of the Streets and Highways Code of the
State of California. The assessments do not become a
lien upon the individual and particular parcels within
the boundaries of the Assessment District until, said
notice of assessment has been so recorded.
APPROVED and ADOPTED this 19th day of March, 1980
CITY OF SAN JUAN CAPISTRANO
STATE OF CALIFORNIA
ATTEST:
I` TI CL
CITY O SAN JUAN CAPISTRANO
STATE OF CALIFORNIA
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420
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. 80-3-19-10, 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 NOVER, CITY CLERK
CITY OF AN JUAN CAPISTRANO, CALIFORNIA
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:
RESOLUTION NO. 80-3-19-10
being: CONFIRMING ASSESSMENT - ASSESSMENT DISTRICT NO. 78 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO CONFIRMING ASSESSMENT, ORDERING THE
IMPROVEMENTS MADE, TOGETHER WITH APPURTENANCES, AND
APPROVING THE ENGINEER'S REPORT
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
ORD. NO....._ --- RES NO
....._ Mayor has signed /
City Seal stamped /
. Clerk has signed `MAR ANN AN ER, City ler] ✓T
._.._...._
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............. Typed in Official Record Book
...... .. Posted to Classified Cards
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