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Ordinance Number 513ORDINANCE NO. 513 CONSOLIDATION AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONSOLIDATING OPEN SPACE MAINTENANCE DISTRICT FOR TRACTS 7654 AND 9373 (URGENCY) THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Findings and Determinations. A. The City Council of the City of San Juan Capistrano find it to be in the best interest of the City as well as those persons owning property subject to assessment under Open Space Maintenance Districts created by Ordinances Nos. 378 and 408 to restrict the maintenance responsibilities of the respective Districts; B. City shall, accordingly, undertake responsibilities for the care and maintenance of areas depicted on Exhibit "A" as Flood Control Channel," "Mini -park" and "Equestrian Trails;" C. Responsibilities for the care and maintenance of those areas depicted on Exhibit "A" and designated as "Entry Ways" shall be that of the combined Open Space Maintenance District herein established and known as the Los Corrales Landscape Maintenance District; and, D. Responsibilities for the remaining open space maintenance areas depicted on Exhibit "A" as "Private" shall be the obligation of each individual landowner. SECTION 2. Repeal. Ordinance No. 408 is hereby repealed. SECTION 3. Amendment. Ordinance No. 378 is hereby amended to delete all reference to Tract 9373. -1- 3 63 SECTION 4. Combination of District Boundaries. The boundaries of the Open Space Maintenance Districts heretofore established under Ordinances Nos. 408 and 378, Tract 9373, are hereby combined and shall be treated and administered as a single district to be known as the Los Corrales Landscape Maintenance District. SECTION 5. Annual Assessments. A. The annual assessment that may be levied shall not exceed the limit of Section 50612 of the California Government Code. B. Those owners, and/or developers of Tracts 7654 and 9373 specified in the preliminary reports approved by the City Council on November 1, 1978, have agreed to, and shall: (i) give written notice to each purchaser of any lot within the "District Boundaries" that an Open Space Maintenance District has been created and the probable annual assessment to be imposed upon each such lot; and, (ii) reimburse the district for any fiscal loss incurred due to the assessed valuations of said properties not being adjusted to reflect their full improvements. This obligation shall be in effect for one calendar year from the date of commencement of maintenance operations by the district. SECTION 6. Effective Date. This is an urgency Ordinance adopted for the preservation of the health, safety and welfare of the resident of the City of San Juan Capistrano and shall, accordingly, become effective immediately. The nature of the urgency is that the maintenance as described in Section 1 will commence on July 1, 1984, and this enabling Ordinance must be in effect to permit the maintenance to commence at the beginning of the fiscal year on July 1,-1984. -2- 864 SECTION 7. City Clerk's Certification. The City Clerk shall certify to the adoption of this Ordinance and cause same to be posted in the duly designated posting places within the City of San Juan Capistrano within 15 days after its passage. PASSED, APPROVED AND ADOPTED this 19th day of June , 1984, by the following vote, toT AYES: Councilmen Friess, Schwartze, and Mayor Hausdorfer NOES: None ABSENT: Councilmen Ble ATTEST: CITY CLFK 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 Ordinance No. 513 , adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 19th day of June , 1984 (SEAL)��.� CGS r �✓�Lod1i/ ��� Y ANN,,#ANOVER, CITY CLERK -3- 365 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) and says: AFFIDAVIT -OF POSTING - MARY ANN HANOVER, being first duly sworn, deposes 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. 83-12-20-3 and on the 22nd day of Tt,nP iaRa . she caused to be posted: being: ORDINANCE NO. 513 IDATION AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONSOLIDATING OPEN SPACE MAINTENANCE DISTRICT FOR TRACTS 7654 AND 9373 (URGENCY) in three (3) public places in the City of San Juan Capistrano, to wit: City Hall; Old Fire Station Recreation Complex; Orange County Public Library. CHECK LIST ORD. NO.:-�, RES. NO....__.... .. !l Mayor has signed .....f Clerk has signed ...._tJ.. City Seal stamped All blankstyped i}J� "Absent" "Noes" ........ �. --- -- ---- ----- ..-......:'r Typed in Official Record Book ............ Posted to Classified Cards 1 ....... Copies sent to..f.�'�(y__7.__ .P........�r..............- .._inl� Legal Publication ordered to be published (date) ---- No. Affidavits ---.... ....... ..._._...._-......... No. Printed copies required ........... ... ..... Remarks... -... .._.........._............._._.... MARY ANN H OVER, CITY CLERK San Juan eapistrano, California -4-