HomeMy WebLinkAboutCC RES 98-0771 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION N0.98-77 A RESOLUTION OF TAE CITY COUNCIL OF THE CITY OF TUSTIN MAKING CHANGES IN THE AMOUNTS OF CERTAIN ASSESSMENTS IN THE CITY OF TUSTIN REASSESSMENT DISTRICT NO. 95-2 (TUSTIN RANCH) AND MODIFYING THE REASSESSMENT REPORT THEREFOR WHEREAS, the City Council (the "City Council") of the City of Tustin (the "City"), pursuant to the Municipal Improvement Act of 1913 (Division 12 of the California Streets and Highways Code) (the "Act"), by Resolution No. 86-81 adopted on June 16, 1986, resolved its intention to form City of Tustin Assessment District No. 85-1 ("District 85-1") and to issue bonds ~ to represent unpaid assessments therein; WHEREAS, the City Council, by Resolution No. 86-81, adopted on June 16, 1986, confirmed said assessments; WHEREAS, the City Council, pursuant to the Act, by Resolution No. 88-61, adopted on June 13, 1988, resolved its intention to form City of Tustin Assessment District No. 86-2 ("District 86-2") and to issue bonds to represent unpaid assessments therein; WHEREAS, the City Council, by Resolution No. 88-81, adopted on July 18, 1988, confirmed said assessments; WHEREAS, the City Council, by Resolution No. 95-118, adopted on November 20, 1995, conducted reassessment and refunding proceedings under the Refunding Act of 1984 for 1915 Improvement Act Bonds (Division 11.5 of the California Streets and Highways Code) for the City's Reassessment District 95-2 (Tustin Ranch) (the "Reassessment District"); WHEREAS, the City Council, pursuant to Resolution No. 96-10, adopted on January 15, 1996, adopted and approved the reassessment report for the Reassessment District, dated January 15, 1996 (the "Original Report"), and levied on the property within the Reassessment District the reassessments (the "Reassessments") as specified therein; WHEREAS, the Original Report was modified pursuant to a supplemental report, dated August 20, 1997 (as modified, the "Modified Original Report"); WHEREAS, Sections 10350 through 10352 of the Act provide that, with respect to any assessment district established pursuant to the Act, at any time after improvements are ordered and during the pendency of the proceedings with respect thereto, the legislative body may make changes in the assessment (including the amounts of any of the individual assessments in the assessment district), which changes do not increase the total amount of the assessment or which changes provide for the elimination or addition of work or substitutions therein, though they 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 result in an increase in some assessments, provided that the owners of the property affected request in writing that the changes in the work and in the assessments be made; WHEREAS, the Reassessment District encompasses portions of both District 85-1 and District 86-2 and the proceedings with respect thereto have not been completed; WHEREAS, certain parcels of property in the Reassessment District are designated for school use and, as a consequence, no Reassessments have been apportioned thereto; WHEREAS, as a result of changes in development plans, it is contemplated that one such parcel (the "Original School Parcel") will have the school use designation removed therefrom and that another parcel within the Reassessment District (the "New School Parcel") will be designated for school use; WHEREAS, the owner of the Original School Parcel and the New School Parcel has requested in writing that, in order to better reflect the benefits received by such parcels, taking into account the current development plans with respect thereto, the Reassessments on the New School Parcel be decreased by an amount such that the Reassessments thereon are equal to zero and the Reassessments on the Original School Parcel be correspondingly increased; WHEREAS, there has been prepared, filed and presented to this meeting a second supplemental report (the "Second Supplemental Report"), which modifies the Original Report; WHEREAS, the Supplemental Report reapportions the Reassessments on the Original School Parcel and the New School Parcel in accordance with said written request of the owner thereof; and WHEREAS, the City Council desires to modify the Modified Original Report by adopting the Second Supplemental Report; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL THE CITY OF TUSTIN, as follows: Section 1. The Second Supplemental Report is hereby approved and adopted, and the Modified Original Report, including the reassessment diagram and the reassessment contained therein, is hereby modified in accordance with the provisions of the Second Supplemental Report. The Modified Original Report, as modified by the Second Supplemental Report, shall stand for all subsequent proceedings under and pursuant to the Resolution of Intention. Section 2. The officers and employees of the City are, and each of them hereby is, authorized and directed to execute and deliver any and all documents and instruments and to do and cause to be done any and all acts and things necessary or proper to accomplish the purposes of this Resolution. Section 3. All actions heretofore taken by the officers and employees of the City in connection with or related to the actions contemplated by this Resolution, are hereby approved, confirmed and ratified. -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section 4. This Resolution shall take effect immediately upon its adoption. APPROVED and ADOPTED by the City Council of the City of Tustin on August 17, 11998. yor (ATTEST: -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 'I 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss I, Pamela Stoker, City Clerk of the City of Tustin, California hereby certify that the foregoing is a full, true and correct copy of a Resolution duly adopted at a regular meeting of the City Council of said City duly and regularly held at the regular meeting place thereof on August 17, 1998, of which meeting all of the members of said City Council had due notice and at which a majority thereof were present; and that at said meeting said Resolution was adopted by the following vote: AYES: COUNCIL MEMBERS: SALTARELLI, WORLEY, DOYLE, POTTS, THOMAS NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE An agenda of said meeting was posted at least 72 hours before said meeting at 300 Centennial Way, Tustin, California, a location freely accessible to members of the public, and a brief general description of said Resolution appeared on said agenda. I further certify that I have carefully compared the same with the original minutes of said meeting on file and of record in my office; that the foregoing Resolution is a full, true and correct copy of the original Resolution adopted at said meeting and entered in said minutes; and that said Resolution has not been amended, modified or rescinded since the date of its adoption, and the same is now in full force and effect. Dated: Aug . 18 , 1998 City Clerk