Resolution Number 70-5-11-2281
RESOLUTION NO. 70-5-11-2
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO REQUESTING
RELIEF FROM THE FURTHER LIABILITY FOR
PAYMENT OF ALL OR ANY PART OF THE BONDED
INDEBTEDNESS OF THE CAPISTRANO BEACH
SANITARY DISTRICT.
WHEREAS, a petition for detachment from the Capistrano
Beach Sanitary District, known as "De -Annexation No. 65-111, was
filed with the Local Agency Formation Commission of Orange
County; and
WHEREAS, after due notice provided by law a Public Hear-
ing was held before the Local Agency Formation Commission on "De -
Annexation No. 65-1", and
WHEREAS, by resolution dated February 9, 1966, the Local
Agency Formation Commission did approve the detachment from the
Capistrano Beach Sanitary District without providing relief of
the encumberance of the bonded indebtedness.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of San Juan Capistrano does hereby request that Detachment
65-1 be amended or further modified by a resolution of the Local
Agency Formation Commission to provide relief from further liability
for payment of all or any part of the bonded indebtedness of the
Capistrano Beach Sanitary District; and
BE IT FURTHER RESOLVED that the facts supporting the
request are as follows:
(1) There have been no improvements constructed in the
area to provide or promote any sanitary service facilities;
(2) Resident property owners have paid a substantial
tax to the District without receiving such sanitary service or the
benefit of any facilities so constructed to provide service in
the future;
(3) Resident property owners are presently served by
facilities of the City of San Juan Capistrano wherein their
property lies; and
(4) There are no plans for the construction of any
improvements or any facilities within the immediate future that
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would provide practical benefit or service to the area; and
BE IT FURTHER RESOLVED that, based upon the facts of
this matter, the territory formerly detached by "De -Annexation
No. 65-1" should be relieved from liability for payment of all
or any part of principal, interest and any other amounts which may
become due on account of all or any part of any bonded indebted-
ness or other contracts or obligations, including but not limited
to any judgements of Capistrano Beach Sanitary District and also
should be relieved from the levying or fixing and the collection
of any taxes or assessments as may be made for the payment there-
of.
PASSED and APPROVED this 11th day of May, 1970, at a
regular meeting of the City Council of the City of San Juan Cap-
istrano, by the following vote, to wit:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
ATTEST:
It,ity er o to
San Juan Capistrano
BATHGATE, CHERMAK, GAMMELL,
THORPE and FORSTER
NONE
NONE
Mayor or t e City or
San Juan Capistrano
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, ERNEST A. THOMPSON, City Clerk of the City of San
Juan Capistrano, California, hereby certify that the foregoing
is a true and correct copy of a resolution of the City Council
of said City numbered 70-5-11-2, adopted by the City Council on the
11th day of May, 1970.