HomeMy WebLinkAboutNB 5 ASSESS DIST 85-1 06-16-86 NEW BUSINESS
A ENDA
· ~ ~/,~ ~o~ 6-16-86
DATE: JUNE 9, 1986 Inter- Coz.
TO:
WILLIAI~ ItUSTON, CITY ~NAGER
FROM:
PUBLIC WORKS DEPARll~ENT/ENGINEERING DIVISION
SUBJECT: ASSESSMENT DISTRICT NO. 85-1 (EAST TUSTI'N)
RECOMMENDATION:
For the City Council meeting of June 16, 1986.
Approve the Preliminary Engineer's Report for Assessment District No. 85-1 and
pass and adopt the Resolution of Intention which sets Monday, July 21, 1986, at
7:00 p.m. at the Tustin City Council Chambers, 300 Centennial Way, Tustin, CA as
the date, time and place of the public hearing for Assessment District No. 85-1.
BACKGROUND:
In April, 1985, The Irvine Company filed a petition for the formatjon of
Assessment District No. 85-1 (East Tustin) and the City Council, at their May 6th
meeting, accepted said petition and directed staff to initiate the required
Assessment District proceedings.
The City Council, on June 17, 1985, authorized the firm of Willdan Associates to
act as the Assessment District Engineer on the subject District and to perform all
of the City's required engineering services to finalize the proceedings on said
District. The Preliminary Engineer's Report is being finalized by Willdan
Associates and will be forwarded under separate cover to each Council member on
Friday, June 13, 1986.
DISCUSSION:
Two specific actions are requested of the City Council at their June 16, 1986
meeting. The first item is the review and approval of the Preliminary Engineer's
Report for Assessment District No. 85-1. The City's Consultant, Willdan
Associates, will be available to present a general overview of this report.
Again, this will be delivered to each Council member under separate cover on
Friday, June 13, 1986.
The second item is the Resolution of Intention, wherein the City Council declares
its intention to form Assessment District NO. 85-1 and fixes the date, time and
place for a public hearing on said formation of the District. A .draft of the
Resolution of Intenfcion is attached to this report and the final document will be
made available at the City Council meeting of June 16, 1986. This Resolution sets
the date, time and place of the Assessment District No. 85-1 public hearing as
follows:
July 21, 1986
7:00 P.M.
City Council Chambers
300 Centennial Way, Tustin, CA
JUNE 9, 1986
PAGE TWO
After the public hearing has been held on July 21, 1986, and if the City Council
determines that the District should be confirmed, the following actions will be
required:
1. Approval of Bond Purchase Agreement.
2. Confirmation of assessments.
3. Certification of CEQA requirements.
4. Approval of Final Engineer's Report.
5. Approval of collection period waiver.
6. Approval of paying agent.
7. Approval of Utility Agreements.
8. Approval of Official Statement.
9. Issue and sell bonds.
10. Determine unpaid assessments.
11. Approval of Resolution of Foreclosure.
This finalization of the subject Assessment District No. 85-1 has been scheduled
to complete all bond sales by no later than August 29, 1986.
Director of Public Works/City Engineer
BL:jm
Attachment
_RESOLUTION NO. 86- 81
#10
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN DECLARING ITS
INTENTION TO ORDER THE FORMATION OF
THE EAST TUSTIN SPECIAL ASSESSMENT
DISTRICT NO. 1ANDTHE CONSTRUCTION OF
CERTAIN IMPRO-VE-MENTS THEREIN
#13
#14
#15
# (1~)
#15.2
_WHEREAS, in accordance with the provisions of Section 2804 #18
of th~ California Streets and Highways Code, ~he owners of more than #19
~0 percent in area of the proper~y subject to assessment for the pro- #20
posed construction of certain improvmments hereinafter described, #21
have s~gned ~nd filed with the Clerk of the City a w~itten Petition #22
for the ~onstruction in proceedings to be taken by the City Council, #23
pursuant to t_he Municipal Improvement Act of 1913, and fort he issu- #24
ance of bonds in t_he proceedings under the Improvement Bond Act of #25
1915; and #(25)
WHEREAS, the City Council of the City of Tustin by its #26
Resolutio~ No. '86-__ adopted . , 1986, appointed Willdan #27,28
~ssociates as Engineer of Work to do an~ perform all engineering work #29
necessary in and for the ~roceedings, including the description and #30
improvements to be constructed, ~stimate of costs, diagram and #31.
assessment; and #(31)
WHEREAS, the public interest and convenience requires the #32
~onstructton of said improvements; #33
BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL #34
OF THE CITY OF TUSTIN AS FOLLOWS: #35
SECTION 1. The City Council hereby finds and determines #37
that the ~etition has _been signe~ by the owners of more than 60 per- #38
cent in the area of the Rroperty subject to assessment for the pro- #39
posed acquisitions and improvements hereinafter described and hereby #40
grants the Petition and hereby determines that the situation #41
described in (Clause 3) in Section 2804 of the-Streets and Highways #42
Code exists and that the Majority Protest Act of 1931 sha~l ~ot apply #43
to the proceedings hereinafter provided for. #(43)
SECTION 2. The public interest and convenience require #45
the construction of the i_mprovements hereinafter described. #46
SECTION 3. It is the intention of the city Council of the #48
City of T~stin to order the work, acquisitions, and improvements to #49
be made for an assessmen~ ~istrict designated East Tustin Special #50
Assessment District No. 1, _the exterior boundaries of which are here- #51
inafter specified and described in Section 4 hereof, the work, #52
acquisitions and improvements being as set forth on Exhibit A #53
attached hereto. Except as in this resolution Rt/~erwise specifically #54
provided, all the acquisitions and improvements shall be made and #(54)
none pursuant to the Municipal improvement Act of 1913. #55
SECTION 4. The City Council hereby declares that the ter- #57
ritory within the boundaries hereinafter specified and described is #58
the district to be benefited by the w_ork, acquisitions, and improve- #59
ments to be made and to bo~aSsessed to pay the cost and expenses #60
thereof; that t_he expense the work, ac~isi~ions, _and improvements #61
is hereby made chargeable upon the district; and that the exterior #62
boundaries of the assessment district are hereby specified and #(62
described to be as shown on that certain map now on file in the #63
~ffice of the City Clerk of the City o3 Tustin entitled "Proposed #64
Boundaries7 ~ast Tustin Special Assessment District No. 1, City of #65
Tustin," which map indicates by a boundary line the extent of the #66
territory included in the proposed~istric~ and shall govern for all #67.
details as to the extent of the assessment district. On the original #68
and copy of the map of such ~ssessment district on file in the %69
Clerk's office, the Clerk shalf~ndorse the certificate evidencing #70
the date and adoption of this Resolution. The Clerk shall file the #71
original of such map in her o~fice and, within fifteen (15) days #72
after the adoption of the Resolution--fixing ~he time and place of #73
hearing on the formation and extent Df the assessment district, the #74
Clerk shall file a copy of such ~p so endorsed in the records of the #75
County Recorder, County of Orange, State of ~lifornia. #76
~ECTION 5. Ail public streets, alleys, easements and #78
ways, and all publicly owned Rroper~y in t_he assessment district in #79
use in the performance of a Rublic ~unction shall be omitted from the #80
assessment hereafter to be made to pay the cost and expenses of the #81
acquisitions. - #(el)
SECTION 6. The City Council further declares that it is #83
its intention to enter ~nto an agreement with Southern California #84
Edison Company, Southern California Gas Company, Pacific Telephone, #85
[Irvine Ranch Water ~istri~t] and C~t~ Cablevision, ~ubltc util- #85.1,86
ities, pursuant to Section 10110 of the Streets and Highways Code, #87
regarding the construction and installation of certain facilities, #88
the cost of which shall be assessed u_pon the real property benefit- #89
ting therefrom and title to which shall ~est, upon completion, in #90
said public utility. #(90)
~ECTION 7. Notice is hereby given that bonds to represent #92
unpaid assessments, ~nd which bear interest at the rate of not to #93
exceed twelve percent 112%) per annum, or the maxi~ interest rate #94
then permitted by law, Rayable as provided therein, will be issued 995
hereunder in the manner provided by ~ivision 10 of the Streets and #96
Highways Code (the Improvement Bond Act Rf 1915) and the last #97
installment of such bonds shall ~ture in not to _exceed 39 years from #98
the of next succeeding 10 months from their date. The #99
alternate procedure for collecting assessments and advance retirement #100
of bonds as set forth in Part 11.1 of Division 10 ~f the Streets and #101
_-2-
Highways Code shall apply herein. Pursuant to Section 8850.1 Rf said %102
Code, the City Council may determine to issue said bonds so that %(102)
other than an equal annual proportion of the principal amount shall %103
mature ~ach year. %104
SECTION 8. The City Council further hereby declares that %106
it is its-intention to covenant _that, upon default of any assessment %107
payment due and upon written demand of any bondholder affected there- %108
by, it will'cause foreclosure proceedings ~o be brought within 150 %109
days of such demand, as permitted by ~ection 8830(b) of the Streets #110
and Highways Code. %(110)
SECTION 9. The City Council further hereby declares that %112
it is its-intention to create a special reserve fund to provide for #113
the purchase of tax ~ellnquent proper~y by the City and for other %114
advances contemplated to he made by the City under Part 13 of %115
Division 10 of the Streets and ~ighways Code, as permitted by %116
Sections 8880-8886 of the ~treets and Highways Code. %117
SECTION 10. The City Council hereby finds and determines %119
that if t~e assessment proposed herein results in a surplus in the #120
improvement fund to be provided for in the proceedings hereafter #121
taken pursuant to this resolution, ~f~er the improvements are con- %122
structed or the surplus shall be applied as a credit on the assess- #123
ment, unless the City Council hereafter otherwise Rrovides by resolu- %124
rich, all in accordance with the provisions of Sections 10427 to %125
10427.2, inclusive, of the Streets and Highways ~ode. #(125)
~ SECTION 11. Whenever, in the Municipal Improvement Act of #127
1913' or i~ the I_mprovement Bond Act of 1915 a notice, resolution, #128
order or other matter relative to said proceedings for the work, %.129
acquisitions and-{_~p, rovements in said assesemant district is required %130
to be published, ~he City Clerk is hereby ordered to publish such %131
notice, resolution or other matter in the Tustin News, which is #132
~ereby selected by the ~ity Council for that purpose. 9133
SECTION 12. The City Council hereby refers the proposed #135
acquisitions to the _Engineer of Work in accordance with Section 10203 #136
of the Streets and Highways Code, ~nd hereby directs the Engineer to #137
make and file with the City Clerk a report in writing containing the #138
matters specified in Section 10204 o~ the Streets and Highways Code. %139
SECTION 13. [Pursuant to Section 20485 of the Public %141
Contracts-Code, the property owner of the property within proposed %142
East Tustin Special Assesement--Distric~No. 1, b_eingthe owner of all %143
lands to be assessed, may exercise its option to take the contract #144
for the construction of improvements within said ~istrict, subject to #145
the requirements of said Section 20485. ~evertheless, pursuant to %146
Section 20487 of said Code, the City Council hereby reserves the %147
right to subsequently make the finding that, tn its opinion, the #148
public interest will not be served by allowing the Rroperty owner to %149
-3- #7
take the contract for construction of the improvements and that the #150
property owner may not elect to take such a contract ~ursuant to #151
Section 20485.] #(151)
~ASSED, APPROVED AND ADOPTED ~his 16th day of June, 1986. #153,154
#157
_MAYOR
~TTEST: #160
#162
~ITY CLERK #163
_-4- #7
~PECIAL ASSESSMENT DISTRICT NO. 1
~XMIBIT A #190
#193
#194
~ESCRIPTION OF WORK
#196