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Resolution Number 73-1-22-83.9 RESOLUTION NO. 73-1-22-8 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLAR- ING ITS INTENTION TO ORDER THE CONSTRUCTION OF STREET IMPROVEMENTS, APPURTENANCES AND ALL APPURTENANT WORK IN "ASSESSMENT DISTRICT NO. 1973-1" IN THE CITY OF SAN JUAN CAPISTRANO; DECLARING THE WORK AND IMPROVEMENT TO BE MORE THAN LOCAL OR ORDINARY PUBLIC BENEFIT, AND DESCRIBING THE DISTRICT TO BE BENEFITED BY SAID WORK AND IMPROVEMENT AND TO PAY THE COSTS AND EXPENSES THEREOF; AND FIXING THE TIME AND PLACE FOR THE HEARING OF OBJECTIONS TO SAID WORK AND IMPROVEMENT. WHEREAS, the City Council of the City of San Juan Capistrano, California, proposes tct take proceedings pursuant to the provisions of the "Improvement Act of 1911," being Division 7 of the Streets and Highways Code of the State of California, for the construction of.cer- tain street improvements, appurtenances and appurtenant work; and WHEREAS, all of the owners of more than sixty per- cent (60%) in area of the property subject to assessment for said proposed street improvements have signed and filed with the City Clerk a written petition for said improvements and a waiver of the proceedings under the Special Assessment, Investigation, Limitation and Majority Protest Act of 1931; and WHEREAS, said petition requested the conversion of existing overhead electric and communication facilities to underground locations and was signed by not less than five (5) owners of assessable land in the proposed assessment district, as shown by the last equalized assess- ment roll used by the City, owning lands constituting more than one-half of area of all assessable land within the proposed assessment district; NOW, THEREFORE, the City Council of the City of San Juan Capistrano DOES HEREBY RESOLVE, DETERMINE and ORDER as follows: Section 1. That the public interest and conven- ience require, and it is the intention of the City Council of the City to order the following work to be done or im- provement to be made in the City, to wit: (a) Street widening, grading, reconstruction and paving; (b) Construction of concrete sidewalks, cross- walks, curbs, gutters, driveways and cross -gutters; (c) Storm drains, catch basins, drop and curb inlets; (d) Ornamental street lights and appurtenant appliances; (e) Pipes, hydrants and appurtenances for fire protection; (f) Planting of trees, shrubs or other orna- mental vegetation; and - 2 - (g) Conversion of overhead electric and com- munication facilities underground; in portions of the following streets, to -.wit: CAMINO CAPISTRANO On the west side thereof from Oso Road to 1,300+ feet southerly of Oso Road, on both sides thereof from a point 1,300+ feet southerly of Oso Road to 1,750+ feet southerly of Oso Road, on the west side thereof from a point 1,750+ feet southerly of Oso Road to La Zanja Street, on both sides thereof from La Zanja Street southerly to the existing improvements northerly of Ortega Highway; in a portion of DEL OBISPO STREET On the north and south side thereof from Los Riok Street to Paseo Adelanto; in a portion of LOS RIOS STREET From Del Obispo Street to a point 200+ feet nor- therly thereof; in a portion of PASEO ADELANTO On the easterly side thereof from Del Obispo Street to a point 1,700+ feet southerly there- of, except that no work described in items (f) and (g) above will be constructed therein; in a portion of - 3 - 395 396 ALIPAZ STREET On the west side from a point 350+ feet southerly of Del Obispo Street to a point 810+ feet southerly thereof; Together with all other work auxiliary to any of the above and all other work which may be neces- sary to improve the whole or any portion of such described streets. It is requested that all of said improvements be con- structed and installed in, upon and along the streets and easements hereinbefore set forth, lying within the proposed assessment district hereinafter described, all in accordance with standards of the City of San Juan Capistrano. Section 2. That all of the said work and improvement to be done as described in Section 1 of this Resolution shall be constructed upon the grades, along the lines, between the points, of the dimensions, at the places and in the manner shown on the plans, profiles and drawings for the construction of the said work and improvement in "Assessment District No. 1973-1" for the City of San Juan Capistrano consisting of fifty-two (52) sheets, numbered 1 to 52, inclusive, and identified as "City of San Juan Capistrano, Orange County, California, Construction Plans for the Improvement of Camino Capistrano, Alipaz Street, Paseo Adelanto, Del Obispo Street and Los Rios Street, Arterial Highway Financing Project No. - 4 - 397 641, Assessment District No. 1973-1, a Municipal Improve- ment Act of 1911, Underground Utility District No. 2", all of which plans are on file in the office of the City Clerk, and except as otherwise provided on said plans, in further accordance with the specifications for the construction of said work and improvement, and identified as "City of San Juan Capistrano, Orange County, State of California, Plans, Specifications, Special Provisions and Contract Documents for the construction of Arterial Highway Financing.Program, Project No. 641, Assessment District No. 73-1, a Municipal Improvement Act of 1911, Underground Utility District No. 2 in Camino Capistrano, Alipaz Street, Paseo Adelanto, Del Obispo Street and Los Rios Street", being on file in the office of the City Clerk, and to which plans, profiles, drawings and specifications, heretofore approved by the City Council, reference is hereby made for a further, full and more particular description of said work. i That work and grades shall be in accordance with the grades as shown on said plans, profiles and drawings here- inabove mentioned, which said grades may be different from the grades heretofore existing, established or adopted. That in order to do said work and improvements it is necessary to acquire certain land, easements and rights of way, including land easements and rights of way generally described as W that triangular parcel of property the northerly boundary of which is the existing southerly - 5 - fi 3 9.8 boundary of Del Obispo Street and the easterly boundary thereof is the westerly line of the right of way of the Atchison, Topeka and Santa Fe Railroad; (ii) rights of way for street and street improvements along Camino Cap- istrano; (iii) a 20 -foot storm drain easement from Camino Capistrano to the right of way of the Atchison, Topeka and Santa Fe Railroad across County of Orange, Assessors Parcel No. 121-130-13. Said land, easements and rights of way are more particularly described upon the plans, profiles and drawings hereinabove described. Section 3. That the said land acquisition, ease- ments and right-of-way necessary for the said contemplated work and improvement, as aforesaid, and the said contemplated work and improvement as aforesaid, are of more than local or ordinary public benefit and said City Council hereby makes the expenses of said work and improvement chargeable upon a dis- trict, which said district the City Council hereby declares to be the district benefited by said work and improvement and to be assessed to pay the costs and expenses thereof, including incidental expenses and costs, and which district is described as follows: All that certain territory situated in the City of San Juan Capistrano, County of Orange, State of California, included within the ex- terior boundary lines shown on the map exhibiting the property affected or benefited by or to be assessed to pay'the costs and expenses of said work and improvement in said "Assessment Dis- trict No. 1973-1" in said City, which map indicates the proposed boundaries of said Assessment District No. 1973-1 is titled and identified as "Assessment District No. 1973-1, Street Improvemtent District" and consists of three (3) sheets, numbered 1 to 3, inclusive. Said map has heretofore been approved by the City Council of said City at the time of the approval of the plans as aforesaid, and which map or diagram is on file in the office of the City Clerk, EXCEPTING from the area shown within and delineated upon said map 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, and all such property above mentioned and described as being excepted from the area shall be omitted from the assessment hereinafter to be made to cover the costs and expenses of such acquisition, work and improvement. Lots or parcels of land owned by the. City, school boards, school districts or other public or private educational authorities, whether or not devoted to public or school uses and pur- poses, shall not be excepted or omitted from said - 7 - 00 district or from said assessment, but shall be included in said assessment. Reference is here- by made to said map for further, full and more particular description of the said assessment district, and the said map so on file shall govern for all details as to the extent of said assessment district. Section 4. That pursuant to Section 5104 this City Council hereby determines that it is in the public interest and more economical to do work on private property to elim-, inate any disparity in level or size between the improve- ment and driveways, housewalks, and sewers and that upon the consent of the owner of the property so affected, the actual cost of such work shall be added to the assessment of the lot on which the work is done. Section 5. That this City Council has received a petition for the conversion of existing overhead electric and communication facilities to underground locations as provided in Chapter 28, Part 3, Division 7, commencing at Section 5896.1 of the Streets and Highways Code together with a certificate of sufficiency thereof signed by the City Clerk. The City Council hereby finds that said pet- ition is sufficient and hereby declares its intention to order the conversion described in said petition, and to conduct said proceedings as set forth in said Chapter 28. 401 Section 6. That serial bonds, bearing interest at the rate of six percent (68) per annum, shall be issued to represent each assessment of Fifty Dollars ($50.00) or more remaining unpaid at the expiration of the last date fixed for payment of assessment in the notice to property owners mailed pursuant to the provisions of the Improvement Act of 1911. Said serial bonds shall extend over a period ending nine .(9) years from the second day of January next succeeding the next September 1st following their date. Payments on the principal of unpaid assessments and interest thereon shall be made by property owners to the City Treasurer, and the same shall be disbursed by said City Treasurer, all as provided in the Improvement Act of 1911. Said bonds shall provide that redemption may be made by payment of the amount then unpaid on the principal sum thereof, with in- terest thereon calculated up to the date of the next matur- ity interest coupon, and all penalties accrued and unpaid, together with a premium of five percent (5%) of said un - matured principal. The City Council elects to have the City Treasurer retain the first one percent (1%) penalty for any delinquency as a cost of servicing the delinquency as provided in Section 6442 of the Streets and Highways Code. Section 7. That the estimated costs and expenses of said acquisition, work and improvement, including the inci- dental expenses (including acquisition of lands, easements, and rights-of-way) are the sum of $1,075,000.00. - 9 - .4 Q2 Section 8. Notice is hereby given that on the 26th day of February, 1973, at the hour of 7:00 o'clock, p.m-., in the office of the City of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California, any and all persons having any objections to the proposed work or improvement, or to the extent of the assessment district, or to the proposed grades, may appear and show cause why said work should not be done or carried out in accordance with this Resolution of Intention. Protests must be in writing and must contain a description of the property in which each signer thereof is interested, sufficient to identify the same, and must be delivered to the City Clerk prior to the time set for the hearing, and no other pro- tests or objections will be considered. If the signer of any protest is not shown upon the last equalized assessment roll of Orange County as the owner of the property described in the protest, then such protest must contain or be accom- panied by written evidence that such signer is the owner of the property so described. Section 9. That all of the work herein proposed shall be done and carried through in pursuance of an Act of the Legislature of the State of California, designated as the "Improvement Act of 1911," being Division 7 of the Streets and Highways Code of the State of California. - 10 - 403 Section 10. That these proceedings have been insti- tuted by a written petition in accordance with Section 2904 of the Streets and Highways Code. Section 11 Pursuant to the provisions and the au- thority granted by the Improvement Act of 1911, the City Council does hereby determine and declare that, in the opin- ion of this City Council, the public interest will not be served by allowing the property owners to take the contract and the property owners will not be allowed or permitted to take the contract. Said City Council further hereby deter- mines and declares that the contractor to whom the contract is awarded may sign said contract immediately upon the award of the contract and must execute said contract and file the required bonds with said City Clerk within twenty-five (25) days after the date of first publication of notice of award of contract. Section '12. That the COASTLINE DISPATCH, a newspaper printed, published and of general circulation within the City is hereby designated as the newspaper in which this Resolu- tion of Intention shall be published by the City Clerk, in the manner and form provided by law, and for making all other publications in the proceedings under this Resolution of In- tention, unless otherwise provided. The City Clerk is directed to mail notices of the adop- tion of this Resolution of Intention, postage prepaid, to all ___ _ _ _ ___ ..._ persons owning real property which is proposed to be asses- sed, whose names and addresses appear on the last equalized assessment roll for City taxes, or as known to the City Clerk, including the mailing of such notices to every owner of property assessed by the State under Section 14 of Article XIII of the Constitution of the State of California at the address thereof shown on the last City board roll transmit- ted to the County Auditor all in the manner and form pro- vided under said Improvement Act of 1911. Section 13. That the City Clerk is hereby directed to cause to be conspicuously posted along the line of said contemplated work or improvement and along all open streets within the district liable to be assessed for said acquisi- tion and work, notices of the passage of this Resolution of Intention in the time, form and manner provided by law. Section 14. That the City Clerk is directed to en- dorse on the original and on at least one copy of the map or plat of the assessment district as referred to in Section 3 hereof his certificate evidencing the date and adoption of this Resolution of Intention, and he is further directed to file the original of such map or plat in his office, and within fifteen (15) days after the adoption of this resolu- tion and in no event later than fifteen.(15) days prior to the date of hearing as provided in Section 7 hereof, he is further directed to file a copy of said map or plat, with his endorsement thereon, with the County Recorder of orange County, California, all in the manner and form provided by law. 12 - 1 405 ADOPTED, SIGNED AND APPROVED this 22nd day of January , 1973. y r, City of San Juan Ca istrano (SEAL) ATTEST: City clerk, city ot San Juan Capistrano 13 - 406 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, WANDA E. ANDERSEN, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of said City and was approved by the Mayor of said City at a meeting of said City Council held on the 22nd day of January 1973 and that it was so adopted by the following vote: (SEAL) AYES: COUNCILMEN: BYRNES, CHERMAK, GAMMELL, THORPE, WEATHERS NOES: COUNCILMEN: NONE ABSENT: COUNCILMEN: NONE City_Clerk, City of San Juan Capistrano - 14 -