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Resolution Number 63-4-22-2RESOLUTION NO. 63-4-22-2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO OPPOSING ASSEMBLY BILL NO. 351 237 WHEREAS, Assembly Bill No. 351 provides for the examption of property acquired and held by public and private educational institutions from the power of eminent domain, thereby initiating special and discriminatory treatment pertaining to particular types of land; and WHEREAS, the provisions of the State and Federal Constitutions and State laws providing for and restricting the power of eminent domain now protect both the public welfare and individual rights to property without favoritism; and WHEREAS, the implication of Assembly Bill No. 351, that the possible use of land for educational purposes held by public or private educational institutions should necessarily take precedence over any possible public use that may arise, is unwarranted either in fact or theory; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Juan Capistrano, for the aforesaid reasons, does hereby express its unequivocal opposition to Assembly Bill No. 351 and does respectfully request the the California Legislature vote solidly in opposition to this measure or any modification thereof. AND BE IT FURTHER RESOLVED that the City Clerk forward certified copies of this resolution to the Honorable John A. Murdy, State Senator, to the Honorable William E. Dannemeyer, the Honorable James E. Whetmore, and the Honorable Robert E. Badham, State Assemblymen from Orange County, and to the City Councils of other cities of Orange County. The resolution was accepted and adopted unanimously by the following vote: AYES: COUNCILMEN: BUCHHEIM, CLIFF, DURNFORD, OLIVARES and BATHGATE NOES: COUNCILMEN: NONE ABSENT: COUNCILMEN: NONE 1 Mayor of the City of San Juan Capistrano ATTEST: City Clerk of the City of San Juan Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, ERNEST A. THOMPSON, City Clerk -Administrator of the City of San Juan Capistrano, California, do hereby certify that the attached and foregoing resolution was duly and regularly adopted by the said City Council at a regular meeting thereof held on the 22nd day of April, 1963, and passed by a unanimous vote of said Council. City Clerk of the City of San Juan Capistrano