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Resolution Number 67-5-29-3383 RESOLUTION NO. 67-5-29-3 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, ORANGE COUNTY, CALIFORNIA, ORDERING THE CONSTRUCTION OF CERTAIN SANITARY SEWER IMPROVEMENTS IN THE CITY OF SAN JUAN CAPIS- TRANO, ORDERING POSTING AND PUBLICATION OF NOTICES INVITING SEALED PROPOSALS OR BIDS. Assessment District No. 66-1 WHEREAS, this City Council on the 24th day of April, 1967, adopted its Resolution No. 67-4-24-6 declaring its intention to order the construction of certain sanitary sewer improvements to be made under and pursuant to the Improve- ment Act of 1911, Division 7 of the Streets and Highways Code of the State of California; and WHEREAS, said Resolution No. 67-4-24-6 was duly published and notices of the passage thereof were duly posted and mailed and affidavits of publication, posting and mailing have been duly filed; and WHEREAS, at the time and place fixed in said Resolution No. 67-4-24-6 a hearing was duly held by this City Council at which all written protests or objections, if any, were duly presented and read and all persons desiring to be heard thereon were heard, and this City Council gave all persons present an oppor- tunity to be heard in respect of any matter relating to the work proposed in said Resolution No. 67-4-24-6 or the boundaries of the assessment district described therein, or in any way relating to the proceedings proposed by said Resolution No. 67-4-24-6; and WHEREAS, all such persons desiring to be heard were heard by this City Council; and WHEREAS, at the hearing this City Council adopted Resolution No. 67-5-29-1 making certain changes in the work and the boundaries of the proposed assessment district; and WHEREAS, protests were not made by the owners of more than one-half of the area of the property to be assessed for. the sewer work and improvements, and all protests and objections were 'overruled and denied by this City Council, except as noted in Resolution No. 67-5-29-2, and this City Council acquired jurisdiction to order the work described in said Resolution No. 67-4-24-6 as revised by Resolution No. 67-5-29-1: NOW, THEREFORE, the City Council of the City of San Juan Capistrano, California, DOES HEREBY RESOLVE, DETERMINE AND ORDER as follows: Section 1. That the public interest and convenience require and the City Council of said City hereby orders the following work to be done or improvements to be made, to wit: all that certain sanitary sewer improvements described in said Resolution No. 67-4-24-6 and as revised by Resolution No. 67-5-29-1, said resolutions 384being on file in the office of the City Clerk of said City. Reference is hereby made to said resolutions and to revised plans (which include profiles and detailed drawings) for said work which are designated "City of San Juan Capistrano, Assess- ment District No. 66-1," consisting of forty-three (43) sheets, numbered 1 to 43, inclusive, except that work shown on Sheet Nos. 18 to 23, both inclusive, 25 to 30, both inclusive, and 34 to 43, both inclusive, is deleted, on file in the office of the City Clerk of said City and to specifications for said work, which are desig- nated "City of San Juan Capistrano, Assessment District No. 66-1,1" also on file in the office of the City Clerk, for a more particular description of said work and for the grades at which such work shall be done. Section 2. That this City Council has determined and declared that the said contemplated work hereinbefore mentioned, in the opinion of this City Council, is of more than local or ordinary public benefit, and this City Council has made the expense of said work chargeable upon a district, which district this City Council has declared to be the district benefited by the said work and to be assessed to pay the cost and expense thereof. For the particular description of said assessment district, reference is hereby made to said Resolution No. 67-5-29-2. Section 3. That this City Council determines and declares that serial bonds bearing interest at the rate of six per cent (6%) per annum shall be issued to represent each assessment of fifty dollars ($50.00) or over remaining upaid at the expiration of the last date fixed for payment of assessment in the notice to pro- perty owners mailed pursuant to the provisions of the Improvement Act of 1911. Spid 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. Pay- ments on the principal of unpaid assessments and interest thereon shall be made by property owners to the City of San Juan Capistrano 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 interest thereon calculated up to the date of the next maturity interest coupon, and all penalties accrued and unpaid, to- gether with a premium of five per cent (5%) of said unmatured principal. The City Council elects to have the Treasurer retain the first one per cent (1%) penalty for any delinquency as a cost of serving the delinquency as provided in Section 6442 of the Streets and Highways Code. Said bonds shall be issued under the Improvement Act of 1911, Division % of the Streets and Highways Code of the State of California. Section 4. That said work and all proceedings therefor shall be done and performed under and in accordance with said Improvement Act of 1911. 385 Section 5. That the City Clerk of said City is hereby directed to post conspicuously for five (5) days on or near the office door of the City Council, in the manner and form required by law, a notice inviting sealed proposals or bids for doing said work ordered hereby, and said City Clerk is hereby directed to publish TWICE in the COASTLINE DISPATCH, a newspaper of general circulation published and circulated in said City of San Juan Capistrano, notice inviting such sealed pro- posals or bids for doing said work and referring to the specifications on file in the office of said City Clerk, and said notice shall contain the matters and things required by law. The time fixed for the opening of bids shall be 10:00 o'clock A.M., July 10, 1967, at the Office of the City Clerk, San Juan Capistrano, California, and proposals or bids may be delivered to the City Clerk of said City up to that hour and at said time the City Clerk is authorized hereby to publicly open, examine and read said bids. ADOPTED, SIGNED AND APPROVED this 29th day of May, 1967. Mayor ofthe City of ATTEST' �j'� San Juan Capistrano Cit Clerk of the City San Juan Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) as CITY OF SAN JUAN CAPISTRANO ) I, ERNEST A. THOMPSON, 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 regular meeting of said City Council held on the 29th day of May, 1967, and that it was so adopted as follows: AYES: COUNCILMEN: BUCHHEIM, DURNFORD, OLIVARES AND CHERMAK NOES: COUNCILMEN: NONE ABSENT: COUNCILMEN: NONE ABSTAINED: COUNCILMAN: BATHGATE t� �4- , 1, 1 Citf Clerk of the City of San Juan Capistrano