HomeMy WebLinkAboutCC RES 89-172RESOLUTION NO. 89-172
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN APPROVING A PROPOSED RESOLUTION
OF INTENTION OF THE CITY OF IRVINE FOR THE
FORMATION OF AND WORK RELATING TO THE CITY OF
IRVINE ASSESSMENT DISTRICT NO. 89-9, THE ASSESS-
MENT ON THE LAND THEREIN AND THE ASSUMPTION OF
JURISDICTION FOR THE PURPOSE OF ASSESSING CITY OF
TUSTIN LAND LYING WITHIN SUCH ASSESSMENT DISTRICT
WHEREAS, the City of Irvine proposes to create an assessment
district to be designated "City of Irvine Assessment District No.
89-9" ("Assessment District No. 89-9"); and
WHEREAS, Assessment District No. 89-9 will be created
pursuant to the Municipal Improvement Act of 1913 and bonds will
be issued pursuant to the Improvement Bond Act of 1915 in
connection with the formation of Assessment District- No. 89-9;
~ and
WHEREAS, parts of Assessment District No. 89-9 will be
outside the boundaries of the City of Irvine and insj.de the
boundaries of the City of Tustin; and
WHEREAS, the City Council of the City of Irvine has
determined that the purposes sought to be accomplished by the
work, acquisitions and improvement relating to Assessme~t
District No. 89-9 can best be accomplished by a single,
comprehensive scheme of work and that, therefore, pursuant to
Sections 10103 and 5115 of the Streets and Highways Code, the
City Council of the City of Irvine has the power and authority,
after receiving the required consents, to extend the boundaries
of Assessment District No. 89-9 beyond the territorial limits of
the City of Irvine; and
WHEREAS, pursuant to Sections 5117 and 10103 of the Streets
and Highways Code, 'the City Council of the City of Irvine has
adopted its resolution of intention on July 18, 1989 (the
"Resolution of Intention"), a copy of which is attached hereto as
Exhibit I, that the lands to be within Assessment District No.
89-9, including those outside the territorial limits of the City
of Irvine, will be benefited by the work, acquisitions and
improvements of Assessment District No. 89-9; and
WHEREAS, Section 10103 and Sections 5115 through 5119 of the
Streets and Highways Code authorize a city (i) to perform t~e
work of an assessment district containing lands outside such
city's territorial limits; (ii) to levy, collect and enforce
assessments to pay the expenses of such work; and (iii) to assume
jurisdiction over the lands outside its territorial limits for
purposes of the assessment proceedings after submitting the
proposed resolution of intention to the legislative body of the
city or county whose lands.the assessment district will include
if the city proposing the assessment district receives the
approval and consent of such legislative body to the resolution
of intention, the work and the assessment; and
WHEREAS, as required by Sections 10103 and 5118 of the
Streets and Highways Code, the City Council of the City of Irvine
has submitted to the City City Council of the City of Tustin its
Resolution of Intention, together with a map setting forth the
proposed boundaries of Assessment District No. 89-9 and a
description of the work, acquisitions and improvements relating
to Assessment District No. 89-9.
BE IT RESOLVED, determined and ordered by the City Council
of the City of Tustin as follows:
SECTION 1. The City Council of the City of Tustin hereby
finds and determines that it is in the best interests of the City
of Tustin that Assessment District No. 89-9 be formed as
proposed.
SECTION 2. The City Council of the City of Tustin hereby
approves the proposed Resolution of Intention of the City of
Irvine in the form attached to this Resolution.
SECTION 3. The City Council of the City of Tustin, in
accordance with Sections 5118 and 10103 of the Streets and
Highways Code, hereby consents to (i) the formation of Assessment
District No. 89-9, (ii) the work, acquisition and improvements
within Assessment District No. 89-9, and (iii) the assumption of
jurisdiction bY the City of Irvine over that portion of land
within Assessment District No. 89-9 representing territory of the
City of Tustin for the purposes of the formation and assessment
proceedings.
Adopted this 20th day of November, 1989.
ATTEST:
- '..,- )
~ Clerk of the City of TUstin
Mayor of the City of Tust~
City of Tustin
RESOLUTION CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
RESOLUTION NO. 89-172
MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of
the City of Tustin, California, does hereby certify that the whole
number of the members of the City Council of the City of Tustin is
five; that the above and foregoing Resolution No. 89-172 was duly and
regularly introduced, passed and adopted at a regular meeting of the
City Council held on the 20th day of November, 1989, by the following
vote:
COUNCILMEMBER AYES- Kennedy, Edgar, Hoesterey
COUNCILMEMBER NOES- None
COUNCILMEMBER ABSTAINED- None
COUNCILMEMBER ABSENT- Kelly, Prescott
Valerie Whiteman, Acting Chief DePuty City Clerk
for Mary E. Wynn, City Clerk