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Resolution Number 79-1-3-6115 RESOLUTION NO. 79-1-3-6 PRELIMINARY DETERMINATION AND ORDERING DEBT REPORT PREPARATION - ASSESSMENT DISTRICT NO. 78-3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, COVERING PRELIMINARY DETERMINATION AND ORDERING THE PREPARATION OF A REPORT ON SAID IMPROVEMENT The City Council of the City of San Juan Capistrano, California, does hereby resolve as follows: SECTION 1. That certain public works of improvement, together with appurtenances and appurtenant work in connection therewith, including acquisition where necessary, are proposed to be done and made within the boundaries of a proposed assessment district; said assessment district known and designated as Assessment District No. 78-3 (Ortega Properties) hereinafter referred to as the "Assessment District". In connection therewith, said City Council finds and determines as follows: A. That the specific nature of the proposed works of improvement consist of all of the work as generally shown on the map previously approved relating to the proposed boundaries for the Assessment District. B. That the boundaries of the Assessment District lands proposed to be assessed to pay the costs and expenses of said proposed work and improvements are as shown on a map of said Assessment District, which map has been heretofore approved by this City Council and is on file in the Office of the City Clerk. Said map shall govern for all details as to the extent of said Assessment District. SECTION 2. That the statute under which it is proposed to conduct the proceedings is the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California, with bonds to be issued to finance the improvements as authorized by the provisions of the "Improvement Act of 1911", being Division 7 of said Code. SECTION 3. That this proposed improvement is referred to William D. Murphy, appointed Superintendent of Streets who is hereby appointed and required to procure all necessary information to prepare a report on the proposed improvement in the manner and form provided for in Division 4 of the Streets and Highways Code of the State of California, the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931". SECTION 4. That this Resolution and the Report as ordered herein are pursuant to the provisions of the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931", being Division 4 of the Streets and Highways Code of the State of California. -1- 116 SECTION 5. That said Report, pursuant to Division 4, shall have attached to it, a copy of this Resolution, upon its adoption, with the City Clerk's Certificate showing the date and vote for said approval. SECTION 6. That this legislative body does, at this time, intend to make a contribution towards certain of the costs and expenses of the works of improvement, as proposed under these proceedings. Said contribution shall generally be as follows: A. SANITARY SEWERS: System to be oversized for benefit of property outside the Assessment District. The contribution is estimated to be $76,280.00 to be appropriated from the CITY SEWER FUND. B. STORM DRAIN SYSTEM: The system shall be oversized Eo accommodate properties outside the boundaries of the Assessment District. The contribution is estimated to be $257,802.00 to be appropriated from the CITY STORM DRAIN FUND. C. TRAFFIC SIGNALIZATION: The contribution shall be utilized to pay for the costs and expenses determined to be of general public benefit in the estimated amount of $67,042.00. Said money shall be appropriated from GAS TAX FUNDS. SECTION 7. The works of improvements and acquisition as proposed for this Assessment District are generally described as follows: The construction of certain grading, paving, curbs and gutters, sidewalks, street lights, water lines and sanitary sewer lines, drainage improvements, underground electrical and telephone facilities, together with all appurtenances and appurtenant work including the acquisition of necessary rights-of-way to accomplish the above improvements generally along the lines and at the points as shown on a reduced map attached hereto. The property to generally be served and benefited by the above referenced improvements and as shown on the reduced map is bounded on the north by the Ortega Highway, west of the San Diego Freeway, south by San Juan Creek, and east by Windsong Drive and La Novia Avenue. For particular reference is hereby made to the map attached hereto and the proposed boundary map as previously adopted by this City Council, a copy of which is on file in the Office of the City Clerk. PASSED, APPROVED AND ADOPTED this 3rd day of January 1 1979, by the following vote, to wit: ATTEST: CITY CLERK AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None KENNETH E. FRIESS, MAYOR -2- 117 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. 79-1-3-6 , adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 3rd day of January 1 1979 . (SEAL) JI MARY ANNNNNOVER, CITY CLERK G 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. 76-12-15-10 and on the 5th day of January 1979 , she caused to be posted: RESOLUTION NO. 79-1-3-6 being: PRELIMINARY DETERMINATION AND REPORT PREPARATION - ASSESSME. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, COVERING PRELIMINARY DETERMINATION AND ORDERING THE PREPARATION OF A REPORT ON SAID IMPROVEMENT 78-3 in three (3) public places in the City of San Juan Capistrano, to wit: The Administration Building; The Post Office; The Orange County Public Library. CHECK LIST ' ORD. NO ..... ---.-- RES. NO . ...... C' Mayor has signed ... .✓ Clerk has signed ............. City Seal stamped .......✓ All blanks typed in ..Absent'.-�--- :.__..------............ .............. - ..Noes" _..----------- ----------- `------------- --------------- ------- I... Typed in Official Record Book Posted to assi'ied.Cards �- Copies sent ---------.....-------------------- --------------- .__....... -. Legal Publication ordered to be published (date) ...... ------- _......................... .......... ......... - No. Affidavits .................................................. No. Printed copies required .-_.%------- ---- ._.. Remarks -----------------------------------e . -3- MARY ANN WOVER, 'City Clerk San Jua Capistrano, California NV/ SMEMTI' ORTEGA HIP] d1TV10F SAI I. V OF 2 2 Ic uL,lv.EEo I� it 599 167, '67%, to ,A RTIES % 9NIA TRANI C) 7 C—j 1�,— 1 4I12 5 CP 6 �D 11'�21 toe 115.CULTIV-7 D j I — . j. A 4 IT . . . . . I' �,1111' 11 \\���e 8�• i f Ilt�)` A ED w Icr R A'S 0 0 40 0 .. 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