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Home My WebLink AboutCC RES 73-62RESOLUTION NO. 73-62 . RESOLUTION OF T}IE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING ITS INTENTION · TO ORDER THE CONSTRUCTION OF CERTAIN IMPROVE- MENTS TOGETHER WITH APPURTENANT WORK IN ASSESS-- MENT DISTRICT NO. 2 IN THE CITY OF TUSTIN DECLARING THE WORK TO BE OF MORE THAN LOCAL OR ORDINARY BENEFIT AND DESCRIBING THE DISTRICT TO BE BENEFITED BY SAID WORK AND TO BE ASSESSED TO PAY THE COST AND EXPENSE THEREOF AND PROVIDING FOR THE ISSUANCE OF BONDS. THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFOP~NIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the public interest, Convenience and necessity require and it is the intention of this City Counci~ pursuant to the provisions of Division 12 of the Streets and Highways Code (Municipal Improvement Act of 1913)~ to order the construction of certain improvements and appurtenances, with appurtenant work in the City of Tustin, California. DESCRIPTION OF ZMPROVEMENT The construction of a public decorative wall together with certain clearing and sidewalk construction together with ap- purtenances at the entry to Tract No. 6473 at Riverford Road in what is des- ignated as ASSESSMENT DISTRICT NO. 2 Ail of said work and improvements are to be constructed at the places and in the particular locations, of the forms: sizes, dimensions and materials, and at the lines, grades and elevations as shown and dolineated upon tho plans, profiles and specifications to be made therefor, as hereinafter provided. The descriptions of the improvements and the termini of the work contained in this resolution are general in nature. Ail ....... ~ items of work do not necessarily extend for the full length o'~ the description thereof. The plans and profiles of the work as contained in the Engineer's report, shall be controlling as soon as the correct and detailed description thereof. DESCRIPTION OF ASSESSMENT DISTRICT SECTION 2o That the said work and improvement, as aforesaid, is of morse than local, or ordinary public benefit and the City Council hereby makes the expenses of said work and improvement chargeable upon a district, which said District the City Council hereby delcares 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 is described as follows: Ail that certain territory situtated in the City of Tustin, County of Orange, State of California, included within the exterior boundary lines shown on the map exhibiting the property affected or benefited by o-r to be assessed to pay the costs and expenses of said work and "~'~provement in said ASSESe.',~.~m~,,~,. DZSTRI~,~ ~,0. ''' ~ in said City, which said map is titled and identified as "Proposed Boundaries of ASSESSMENT DISTRICT NO. 2, City of Tustin, County of Orange, State of California, and which said map previously approved and' referenced is on file in the office of the City Clerk and copy of which is on file in the office of the City Engineer of said City, EXCEPTING from the area shown within and delineated upon said map or plat hereinabove refereed 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. For all par- 'ticulars as to the boundaries of the assessment district, reference is hereby made to said map. REPORT OF ENGINEER , SECTION 3. That this proposed improvement is hereby referred to the City En.qineer and he is hereby directed to make -2- and file with said Clerk a repOrt in writing containing the following- 1. Plans and specifications of the proposed improvements. 2. An estimate of the cost of the proposed improvement, including the' cost of the incidental expenses in connection ther~ with. · ' ' i ~ 3. A diagram showing the assessment district above referred · · to,. which shall also show the boundaries and dimensions of the respective subdivisions of land within Said District, as the same existed at the time of the passage of the Resolution of Inter~tion, each of which subdivisions shall be given a separate number upon . ~, said Diagram. 4. A proposed assessment of the total amount of the cost and expenses of the proposed improvement upon the several divi- sions of land in said District in proportion to the estimated benefits 'to be received by such subdivisions, respectively, from said improvement. Said assessment shall refer to such subdivi- ~ sions upon said Diagram by the respective numbers thereof. BONDS . SECTION 4. That it is hereby determined and declared 'that · serial bonds shall be issued in accordance with Division 7 of "Improvement Act of 1911" to the Streets and Highways Code, , represent each assessment of Fifty Dollars ($50.00) or more, remaining unpaid for thirty (30) days after the date of the recording of the Diagram and Assessment for this improvement' The serial bonds shall extend over a period of nine (9) years from the second day of January next succeeding the next September 1st following their date. The principal sum shall become due and payable in equal annual payments on each October 15th succeeding the September 1 .... 185 following the date of the bonds until fully paid. The first interest payment shall be payable on the April 15th next succeeding the March 1st or the October 15th next suc- ceeding the September lst,. as the case may be, next following the date of the bonds. The following interest payments shall each be for six (6) months interest and shall'be payable on each fifteenth day of April and October, the last interest paymen, coming due the October 15th immediately preceding the last annual payment of the principal of the bonds issued to represent the unpaid assess- ment. The bonds shall bear interest at a rate to be determined on the sale thereof provided, however, that said rate shall not exceed the maximum rate of seven percent (7%) per annum. Pursuant to the provisions of Streets and Highways Code Section 10603, City Treasurer is hereby designated as the Officer of said City to collect and received the assessments. SURPLUS FUNDS .. SECTION 5. If any excess shall be real. ized from t. he as- sessment it shall be used, in such amounts as the City Council . may determine, in accordance with the provisions of law for one or more of the following purposes- (a) Transfer to the general fund of the City, provided : that the amount of any such transfer shall not exceed the lesser of One Thous'and Dollars ($1,000.00) or five percent (5'%) of the total amount expended from the improvement fund; (b) As a credit upon the assessment and any supplemental assessment; or (c) . For the maintenance of the improvements. PRIVATE CONTP~ACT SECTION 6. That t'he legislative body hereby determines that. the public interest.will not be served by allowing the property owners to take the contract. PROCEEDINGS , SECTION 7. The proceedings for the improv~nents herein shall be conducted p~rsuant to the provisions of the "Municipal · · Improvement Act of 1913" being Division 12 of the Streets and Highways Code with bonds to be issued pursuant to the provisions of the "Improvement Act of 1911" ~being Division 7 of said Code. 1973, APPROVED and. ADOPTED the 17th day of September, 1973 ............ 1871' STATE OF CALIFORNIA ) COUNTY OF ORAN'GE ) CITY OF TUSTIN~ ) SS I, .... RUTH_ C._,~ ?OE ....... , City Clerk of the City of Tustin California, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No._ 73-62 , was duly p~ssed, approved and adopted by said City Couhcil, approved and signed by the Mayor, and attested by the City Clerk, all at a · said City Council held Regular meeting of on the__~day of~_~_£epte~ 19_,7_3___, and that the same was passed and adopted by the following vote, to wit: AYES: COUNCILMEN SALTARELLI, LANGLEY WELSH, WOODRUFF NOES: COUNCILMEN NONE DATED (SEAL) ABSENT: COUNCI LM~N NONE this.~day o f,__Septemb~ er ................ 19 7 3__~___