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Home My WebLink AboutCC RES 86-081 RESOLUTION NO. 86-81 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. 1 AND THE CONSTRUCTION OF CERTAIN IMPROVEMENTS THEREIN WHEREAS, in accordance with the provisions of Section 2804 of the California Streets an~ Highways Code, the owners of more than 60 percent ~n area of the property subject to assessment for the pro- pose~ construction of certain improvements hereinafter ~escribed, have signe~ an~ .file~ with the Clerk of the City a written Petitio~ for the construction in proceedings to be taken by the City Council, pursuant to the Municipal Improvement Act of' 1913, an~ for the issu- ance of bonds in the proceedings un,er the Improvement Bon~ Act of 1915 ~ an~ WHEREAS, the City Council of the City of TuStin by its Resolution No. 85-69 a~opte~ July 1, 1985, appointe~ Will,an Associates as Engineer of Wor~ to ~o and perform all engineering wor~ necessary in an~ for the proceedings, including the.~escription an~ improvements to be constructed, estimate of costs, diagram an~ assessment ~ an~ · WHEREAS, the public interest and convenience requires the construction of said improvements~ · BE IT RESOLVED, DETERMINED AND ORDE~~ BY THE CITY COUNCIL OF THE CITY OF TUSTIN AS FOLLOWS: SECTION 1. The City Council hereby finds and determines that the Petition has been signed by the owners of more than 60 per- ¢_ent of the property in the area subject to assessment for the pro- posed acquisitions and improvements hereinafter ~escribed an.~ hereby grants the Petition and hereby determines that the situation ~escribed in (Clause 3) in Section 2804 of the Streets and Highways Code exists an~ tha~ th~ Majority Protest Act of 1931 shall not apply to the proceedings hereinafter provided for. SECTION 2. The public interest and convenience require the construction of the improvements hereinafter described. SECTION 3. It is the intention of the.City Council of the City of Tustin to or,er the work, acquisitions, and improvements to be made for an assessment district designated East Tustin Special Assessment District No. 1, the exterior boundaries of which are here- inafter specifie~ and described in Section 4 hereof, the work, acquisitions and improvements being as set forth on Exhib~it ~ attached hereto. Except as in this resolution otherwise specificall~ ideS, ali the acquisitions an8 improvements shall be 'made and .one pursuant to the Municipal Improvement Act of 1913. SECTION 4. The City council hereby declares that the ter- ritory within the boundaries hereinafter specified an8 describe8 is district to be benefited by the work, acquisitions, and improve- to be ma~e an~ to be assesse~ to pay the cost and expenses eof l that the expense of the work, acquisitions, an8 improvements hereby made _chargeable upon the 8istrictl an8 that the exterior ounda=ies 'of the assessment 8is.trict are hereby specified an8 escribe8 to be as Shown .on that certain map now on file in the lice of the City Clerk of ~he City of Tustin entitled "Propose8 Joundaries, East Tustin Special Assessment District No. 1, City of tin," which map indicates by a boundary line the extent of the rritory include8 in the 'propose~ district an8 shall govern for all .etails as to the extent of the assessment 8istr. ict. On ~che original ~ copy of the map of such assessment district on file in the :lerk~s office', the Clerk shall endorse the certificate evidencing 8ate .an8 a~option of this 'Resolution.. The Clerk shall, file the riginal of such map in her office and, within fifteen ('15) days ter the adoption of the Resolution fixing the time and-place of lng .on the formation an~ extent of the assessment district, the lerk shall file a copy of such map so endorse8 in the records of the Recorder, County of Orange, State of California. 14 15 16 SECTION 5. Ail public streets, alleys, easements an¢' .... ,. an8 all publicly owned property in the assessment district i~ in the performance of a public function shall be omitted from thJ sessment hereafter to be made to pay the cost an8 expenses of the nts. SECTION 6. The Ci.ty Council further 8eclat es that it is ts intention to. enter into an agreement with Southern California is0n Company, Southern California Gas Company, Pacific Telephone, Irvine Ranch Water District and Community Cablevision, public utili- les, pursuant to Section 10110 of the Streets an8 Highways Code, egarding the construction an~ installation of certain facilities, ~e cost of which shall be assesse~ upon the real property benefit- ing therefrom an~ title to which shall vest, upon completion, in d public utility. SECTION 7. Notice is hereby given that bonds to represent assessments, and which bear interest at a variable interest 23 rate, at a rate of not to exceed the'greater of twelve percent (12%) annum, or the maximum interest rate then permitted by law, pay- 2~ l~e. as provided therein, will be issued hereunder ,i~n~the manner 25 Improvement Bond Act of 19-15), including Part 6.5 and the last installment of such bonds shall"mature in not to exceed 39 y. ears from 28 the second day of SePtember next succeeding 12 months from thei~ .ate. Pursuant to Section 8650.1 of said Code, the City Council ma] 28 -2- . determine to issue said bonds' so that other than an equal annual proportion of the principal amount shall mature each year. SECTION 8. The City Council further hereby declares that it. is its intention to covenant that, upon default of any assessment payment, due and upon written, demand as specified in the resolution of issuance of the bonds, it will cause foreclosure proceedings to be brought as specified in the resolution of issuance of the bonds, all as permitted by Section 8830(b) of the' Streets and Highways Code. SECTION 9. The City Council. further hereby declares that it is its intention to create a special reserve fund to provide for the purchase of tax delinquent property by the City and for other advances contemplated to be made by the City un'der Part 13 of · Division 10 of the Streets and Highways Code, as permitted by Sections 8880-8886 of the Streets and Highways Code. - SECTION 10. The City Council hereby finds and determines that if the assessment proposed herein results in a surplus in the improvement fund to be provided for in the proceedings hereafter taken pursuant to this resolution, after the improvements are con- structed or the surplus shall be applied as a credit on the assess- ment, unless the City Council '.hereafter Otherwise provides by resolu- tion, all in accordance with the provisions of Sections 10427 to 10427.2, inclusive, of the Streets and Highways Code. 14 15 16 17 18 SECTION 11. Whenever, in the Municipal Improvement Act of 1913 .or in the Improvement Bon~ Act of 1915 a notice, resolution, or,er or other matter relative to sai~ proceedings for the work, acquisitions an~ improvements in sai~ assessment district is reqUired to be publishe~, the City Clerk is hereby or~ere~ to publish such notice, resolution or other ma~ter in the Tustin News, which is hereby selected by the City Council for that purpose. SECTION 12. The City Council hereby refers the.' proposed 10 acquisitions to the Engineer of Work in accordance with Section 10203 of the Streets an~ Highways Code, an~ hereby ~irects the Engineer to 9.0 make an~ file with the City Clerk a ~eport in writing containing the matters spe¢ifie~ in Section 10204 of the Streets and Highways Co~e. 9.1 SECTION 13. Pursuant to Section 20485 of the Public 9.2 Con~racts Co~e, the p~operty owner of the property within propose~: East Tustin Special Assessment District No. 1, being the owner of all 23 lands to be assesse~, may exercise its option to take the contract for the construction of improvements within sai~ district, subject to 2~ the requirements of said Section 20485. Nevertheless, pursuant to Section 20487 of sai~ Co~e, the City Council hereby reserves the ~5 right to subsequently make the. fin~ing that,° i.n its opinion, the public interest will not be served by allowing the propertY owner to 2~ take the contract for construction of the improvements an~ that the 27 28 -3- property owner may not elect to take such a contract pursuant t Section 20485. ....... SECTION 14. The Director of Public Works/City Engineer ' hereby designated as the Superintendent of Streets of the City o~ Tustin in connection with the proceedings relating to and the con- structi0n .or acquisition of the above describe~ improvements. PASSED, APPROVED AND ADOPTED this 16th day of June, 1986. 9 ATTEST '/ MAYOa 10 12 15 16 20 ~ 2] 22 2~ 25 26 F ,i .i SPECIAL ASSESSMENT DISTRICT NO. 1 -- _ ~ ,- , , , . m . EXHIB IT A 1, ~ · , DESCR I PTION OF WORK NO. lo 0 0 '5. 0 o DESCRIPTION i , ~ , i i E1 Camino Real and Tustin Ranch Road -- _ 11 i i · 11 Phase I E1 Camino Real from Browning to Auto Center Phase 2 Tustin Ranch Road from I-5 interchange to Bryan Avenue Browning .Avenue and ...Bryan Avenu,e _ Phase I Browning Avenue from E1 Camino Real to Bryan A~enue Phase 2. Bryan Avenue, south half, from Browning Avenue to 450 feet east of Tustin Ranch Road E1 Camino Real Phase i From east edge of Auto Center to 1,200 feet east Phase 2 1,200 feet east of Auto Center to Myford Myford Road _ Phase I From I-5 north 1,150 feet Phase 2 From 1,150 feet north of I=5 to center of Bryan Phase 3 From center of Bryan to north edge of railroad line Phase 4 From north edge of railroad line to center of Irvine Bou 1 e v a rd .o B~ry a.n Av.enue Phase I North half from Browning to 450 feet east of Tustin Ranch Road Phase 2 From 450 feet east of Jamboree to bridge, 1,600 feet east of Tustin Ranch Road Phase 3 From east edge of bridge to 450 feet west of Myford . Phase 4 From 450 feet west of Myford to Myford Tustin Ranch Road ! · Phase 1 From north edge Bryan to 600 feet north of Bryan Phase 2 From 600 feet north of Bryan to 1,400 feet north of Bryan Phase 3 From 1,400 feet north of Bryan to south edge of Irvine Browning Avenue Phase I Remaining improvements from Bryan to tract boundary south of Bent Twig ... · . . · · ").::_ "'7..,._ -~. .....:"7".- .. . · .. .... .. ... .. · . .. . · . . .... · ... ..- · . · . r .. NO. 8~ 10. 11. 12. 13. DESCRIPTION _ - Irvine Boulevard Phase 1 Phase 2 Phase 3 Phase 4 South half from RanChwood through Tustin Ranch Road South half from Tustin Ranch Road to 750 feet east of Tustin Ranch Road South half from 750 feet east of Tustin Ranch Road to 2,000 feet east of Tustin Ranch Road · South half from 2,000 feet east of Tustin Ranch Road to Myford New M),ford Road Phase 1 From E1 Camino Real to Bryan Avenue Phase 2 From Bryan Avenue to "B" Street Phase 3 From "B" Street to Irvine Boulevard Phase 4. From Michele to E1 Camino Real E1 Modena - Irvine Channel · , · Phase 1 . Phase 2 Phase 3 I-5 to Bryan I-5 to Bryan (Ultimate) Bryan to Browning Tustin Ranch Road- I-5 Interchange Brj/an Ayen.ue B, ridge (Not a Part) Drainage and Flood Control Il Il , , , Il ! Phase 1 Phase 2 FO7-P08 from E1 Modena Channel to Tract 6628 FO7-P'35 north .from bend in E1 Modena Channel up to Irvine Boulevard 14. Traf.fi c Si 9nal i z.ation Browning/Bryan Tustin Ranch/Auto Center Drive Tustin Ranch/E1 Camino Real E1 Cami no Real/Browni ng Bryan/Myford Tusti n Ranch/Bryan Irvi ne/Myford Tusti n Ranch/I rvi ne E1 Camino Real/Myford Myford/Sector 11 Access New Myford/I rvi ne New Myford/Bryan New Myford/Loop Street New Myford/E1 Camino Real Tustin Ranch/Loop Street 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 Tustin, California, does hereby certify that the whole number of the members of~ the City Council of the City of Tustin is five; that t'he above and foregoing Resolution No. 86-81 was duly and regularly introduced, passed and adopted at a regular meeting Of the City Council held on the l(~th day of ,lune, 1986, by the following vote' AYES · COUNCILPERSONS' Edgar, Hoesterey, Kelly, Kennedy, Saltarel 1 i NOES · COUNCILPERSONS' None ABSENT' COUNC ILPERSONS' None · . mmmmmmm MARY E. ~YNN~City C le~' City of Tust , California · . · . . : . - . , .. , . ][ ..........ii . .[ I ................. I .... I ............... I iiiii