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HomeMy WebLinkAboutCC RES 88-081RESOLUTION NO. 88-81 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA CONFIRMING THE ASSESSMENT IN THE CITY OF TUSTIN ASSESSMENT DISTRICT NO. 86-2, ORDERING THE PROPOSED IMPROVES TO BE MADE, AND DESIGNATING THE CITY TREASURER TO COLLECT AND RECEIVE MONEY WHEREAS, the City Council of the City of Tustin, by Resolution No. 88-61 heretofore adopted by the Council on June 13, 1988, declared its intention to order the work to be done and the improvements to be made as described in that resolution in an assess- ment district to be designated City of Tustin Assessment District No. 86-2, as shown and designated on that certain map referred to in Resolution No. 88-61, such map being on file in the office of the City Clerk; and WHEREAS, the Council in and by that resolution referred the work, acquisitions and improvements to Willdan Associates, as Engineer of Work, and directed it to make and file with the City Clerk a report in writing; and WHEREAS, the Engineer duly filed with the City Clerk a · report in writing, including plans and specifi¢c.~ions of't/~ proposed improvements, a general description of works, appliances or property to be acquired, an estimate of the costs of the improvements and of the land, rights of way, easements and incidental expenses in connec- tion with the improvements, a diagram showing the assessment district · and the boundaries and dimensions of the subdivisions of land within the assessment district as they were expected at the time the resolu- tion was adopted, and a proposed assessment of the total amount of the costs and expenses of the proposed improvements upon the several subdivisions of land in the assessment district in proportion to the estimated benefits to be received by such subdivisions from the improvements, all in accordance with Sections 10203 and 10204 of the Californi'a Streets and Highways Code; and WHEREAS, the Council, by Resolution No. 88-62 heretofore adopted on June 13, 1988, preliminarily approved the Engineer's report and fixed Monday, July 18, 1988 at 7'00 p.m. in the chambers of the City Council, City Hall, 300 Centennial Way, Tustin, California, as the time and place for hearing protests or objections to the proposed acquisitions and improvements, the extent of .the assessment district and the proposed assessment, and provided for notice of the hearing; and 94691.9.2535.08:3 WHEREAS, the City Clerk has filed with the Council an affidavit setting forth the t'ime and manner of compliance with the requirements for publishing, posting and mailing notices of the passage of Resolution No. 88-61 and of the time and place for hearing protests or objections to the proposed acquisitions and improvements and the Council hereby finds that notice of the passage of that reso- lution and of the time and place for hearing protests or objections to the proposed acquisitions and improvements have been published, posted and mailed in the time, form and manner required by law; and WHEREAS, the City of Tustin has examined the proposed assessment district in light of the previously certified environmen- T tal documents, including Final EIR 85-2 for the East Tustin Specific Plan (including all certified supplemental and addendum documents), 8 the North/South Road EIR, and the I-5/Tustin Ranch Road Interchange Environmental Assessment-Negative Declaration, and has determined 9 that no additional documentation is needed and that the abovemen- tioned environmental documents meet the requirements of Section 15153 ~0 of the State CEQA guidelines° The Council~ having final authority over this project, has reviewed and considered the information con- ~] tained in the previous environmental documents prior to approval of this project and adopted Resolution No. 88-80 recertifying the above- ~ mentioned environmental documents as adequate to address the proposed project; and WHEREAS, the hearin~ was duly held by the Council at the time and place for the hearing Of all objections to the proposed work and improvements; and WHEREAS, no written protests and objections were filed with ~ the City Clerk at or before the time set for said hearing with respect to the improvements; and ~7 WHEREAS, the Council immediately thereupon acquired juris- t8 diction to order the proposed improvements to be made. BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF TUSTIN AS FOLLOWS: SECTION 1. The Council hereby confirms the proposed assessment in the amount of $81,400~000 and declares that the attached report Of the Engineer, including the plans, specifications, description of acquisitions, estimate of the cost of the impr.ove- ments, assessments~ boundary map and diagram, is hereby finally adopted, accepted, confirmed and approvedo· The Council hereby con- firms additional assessments for the payment of incidental expenses permitted under the Streets and Highways Code in t.he amounts to be determined by subsequent proceedings of 'the City. ~ 27 94691.9. 2535.08: 3 . -2- SECTION 2. The Council hereby orders the work, acquisitions and improvements described in Resolution No. 88-61 and in the report of the Engineer to be done and made. SECTION 3. The City Clerk shall transmit to the Superintendent of Streets of the City of Tustin the diagram and assessment, and the Superintendent of Streets is hereby directed to record the diagram and assessment in his office in a substantial book kept for that purpose, and, in addition, the City Clerk is to record forthwith a Notice of Assessment in the Office of the Recorder, County of Orange, and upon the date of such recordation in the Office of the Recorder the assessment shall become a lien upon the lands upon which it 'is levied, and upon the date of recordation in the Superintendent of Street's office, the assessments shall become due and payable, all pursuant to the Municipal Improvement Act of 1913. SECTION 4. The City Treasurer of the City of Tustin is hereby designated to collect and receive the money paid pursuant to the assessment, in the manner prescribed by. law. · . PASSED, APPROVED AND ADOPTED this 18th day of July, 1988. ATTEST' '94691.9.2535.08' 3 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN ) )§ ) MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of the' City of Tus~in, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin i's five; that the above and foregoing Resolution No. 88-81 was duly and regularly introduced, passed and adopted at a regular meeting Of the City Council held on the 18th day of ~u_.~_~_, 1.9.88, by the fol 1 owing vote' AYES · COUNCILPERSONS' Hoesterey, Edgar, Kelly, NOES · COUNCILPERSONS' None ABSTAINED- COUNCILPERSONS' None ABSENT' COUNCILPERSONSo None Kennedy, Prescott MARY E. WYNN, C'i'~y' 'Cl'e~k City of Tustin, California by Valerie Whiteman Deputy City Clerk