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HomeMy WebLinkAboutPH 1 ANNEXATION 132 01-17-83DATE: THRU: TO: FROM: SUBJECT: Jan. 12, 1983 BILL HUSTON, CITY MANAGER PUBLIC HEARING No. 1 1-17-83 Inter-Corn HONORABLE MAYOR AND CITY COUNCIL R.K. FLEAGLE NEWPORT-WASS STREET ANNEXATION NO. 132 RECOMMENDED ACTION: Conduct a protest hearing, determine the value of protests received, and order the annexation of the Newport-Wass Street territory by the adoption of Resolution No. 83-2. BACKGROUND: A petition was submitted to the City Council containing a request of the majority of the registered voters for the annexation of the territory bounded by Wass Street and Elizabeth Way. The City Council made an application to the Local Agency Formation Commission on behalf of the registered voters and property owners. The Local Agency Formation Commission approved the proposal on December 8, 1982 and designated the City Council as the conducting authority. The Council adopted Resolution No. 82-90 giving notice and scheduling a protest hearing at 3:00 p.m., January 17, 1983. If less than 25% of the registered voters and less than 25% of the owners of land who own less than 25% of the total assessed valuation file a protest, the City Council orders the annexation by adoption of Resolution No. 83-2. DISCUSSION: When this annexation was initially proposed, only one property owner within the territory had any reservation or objection to the annexation. Subsequently, the property owner has indicated that they no longer object to the proposed annexation. No protests are expected and several residents of the area will be present at the hearing to express their support for the annexation proposal. The proponents are among the longest tenured residents of the community. The area encompasses 3.3 acres, including Elizabeth Way (a private street) and the southerly half of Wass Street to Newport Avenue, for the purpose of clarifying City boundaries. There are 5 single-family homes and a garden apartment with 11 dwelling units. There are 19 registered voters among the 31 inhabitants of the area. The full cash value of the land and improvements is $464,521. KF:dmt 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 RESOLUTION NO. 83-2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, DETERMINING THE VALUE OF WRITTEN PROTESTS AND ORDERING THE ANNEXATION OF INHABITED TERRITORY KNOWN AS "NEWPORT-WASS STREET ANNEXATION NO. 132" TO THE CITY OF TUSTIN The City Council of the City of Tustin does hereby resolve as follows: II. III. IV. V. VI. VII. Pursuant to Chapter 2, Part 2, Division 2 of Title 4 of the Government Code, preliminary proceedings were completed by the Local Agency Formation Commission on December 8, 1982 and the City of Tustin was designated as the conducting authority and authorized to proceed with the annexation of the territory designated as "Newport-Wass Street Annexation No. 132." The City Council, pursuant to Section 35201 of the Government Code, adopted Resolution No. 82-90, initiating annexation proceedings and fixing a time and place for a protest hearing. Due notice was given and a protest hearing was conducted after 3:00 p.m. January 17, 1983 and protest from property owners representing % of theto-~-6-~l assessed value and protests from register~ters representing % of the re~red voters within the area proposed for annexatl6~ were received prior to the close of the hearing. Pursuant to Section 38228 of the Government Code, the City Council finds that written protests have been filed and not withdrawn by less than 25% of the registered voters within the territory and less than 25% of the owners of land who own less than 25% of the total assessed value of land within the territory. The City Council hereby orders the annexation to the City of Tustin of the inhabited territory designated "Newport-Wass Street Annexation No. 132" as specifically described in the legal description and map attached hereto as Exhibit "A". Satisfaction of the requirements of Section 99(d) of the Revenue and Taxation Code has been accomplished by City Council Resolution No. 80-119 and Board Supervisor's Resolution No. 80-1903 accepting a Master Property Tax Transfer Agreement applicable to subject fully developed area. Subject annexation shall be effective upon the filing and recording of the certificate of completion by the Executive Officer of the Local Agency Formation Commission. 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 VIII. The City Clerk shall transmit a certified copy of this Resolution along with the required fees payable to the State Board of Equalization, to the Executive Officer of the Local Agency Formation Commission for certification of completion and recording. PASSED AND ADOPTED at a regular meeting of the City Council held on the 17th day of January, 1983. ATTEST: RICHARD B. EDGAR, MAYOR MARY WYNN, CITY CLERK