HomeMy WebLinkAboutCC RES 08-34RESOLUTION NO. 08-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA DECLARING ITS INTENTION TO
PROVIDE FOR AN ANNUAL LEVY OF ASSESSMENT FOR
FISCAL YEAR 2008-2009 FOR THE IMPROVEMENT,
MAINTENANCE AND SERVICING OF PUBLIC
LANDSCAPING AND LIGHTING FACILITIES IN THE TUSTIN
RANCH AREA WITHIN THE BOUNDARIES OF THE TUSTIN
LANDSCAPE AND LIGHTING DISTRICT AND TO LEVY AND
COLLECT ASSESSMENTS PURSUANT TO THE
LANDSCAPING AND LIGHTING ACT OF 1972 AND
PROPOSITION 218 AND GIVING NOTICE THEREOF
WHEREAS, the City Council by Resolution No. 08-15 initiated proceedings for the
annual levy of assessments for the Tustin Landscape and Lighting District pursuant to the
provisions of the Landscaping and Lighting Act of 1972 (Part 2, Division 15 of the California
Streets and Highways Code) as amended and Proposition 218; and
WHEREAS, by said Resolution No. 08-15, the City Council ordered the City
Engineer to prepare a report pursuant to Section 22565 of said Code and Proposition 218;
and
WHEREAS, the City Engineer did prepare and file such a report and it was approved
by the City Council on the 6th day of May 2008, with the passage and adoption of
Resolution No. 08-33.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tustin that
it determines and orders as follows:
Section 1: That the public interest and convenience require and it is the intention of
the City Council of the City of Tustin to order the annual levy of assessments for Fiscal Year
2008-2009 and to levy and collect said assessments pursuant to the provision of said
Landscaping and Lighting Act of 1972 (Part 2 of Division 15 of said Streets and Highways
Code) as amended and Proposition 218.
Section 2: That the improvements to be undertaken consist of the installation,
maintenance, servicing and operations of those certain public landscaping and lighting
facilities located within the Tustin Landscape and Lighting District. The Assessment District
designated as Tustin Landscape and Lighting District generally encompasses the portion of
the City known as East Tustin, being north of the I-5 Freeway and east of Browning Avenue
except the areas of all public streets, avenues, lanes, alleys, and rights-of-way provided,
however, notwithstanding property owned by the railroad and public utility companies not
used for public purposes shall be included in the district and
not be excluded pursuant to the aforesaid exceptions.
Section 3: That reference is hereby made to the Engineer's Report on file with the
City Clerk and open to inspection for a fully detailed description of the improvements, the
Resolution No. 08-34
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boundaries of the Assessment District and any areas therein, and the proposed
assessments upon assessable lots and parcels of land within the District.
Section 4: That said proposed maintenance, servicing and operation of landscaping
and lighting, in the opinion of the City Council of the City of Tustin will be to the benefit of
the property lying within the described boundaries of the Assessment District as said
Assessment District is described and defined in said Engineer's Report.
Section 5: Notice is hereby given that Tuesday, June 17, 2008, at the hour of 7:00
p.m. in the Tustin City Council Chambers, 300 Centennial Way, Tustin, California 92780 is
hereby fixed as the time and place where all interested persons may appear before the City
Council and be heard concerning the annual levy of assessments of the District, and extent
of the District, the services to be performed, and the proposed assessment and all other
matters relating thereto.
Protests must be in writing and must be filed with the City Clerk prior to the conclusion of-
the hearing. Any such protest shall state all grounds of the objection and, if filed by the
property owner, shall contain a description sufficient to identify the property.
Section 6: The City Clerk shall cause notice of the hearing to be given by causing
the Resolution of Intention to be posted and published in the manner required by Part 2 of
Division 15 of the Streets and Highways Code.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tustin held on the 6th day of May, 2008.
JERRY AMANTE
Mayor
PAMELA STOKER
City Clerk
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, do 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. 08-34 was duly passed and
adopted at a regular meeting of the Tustin City Council, held on the 6th day of May, 2008, by
the following vote:
COUNCILMEMBERAYES: Amante. Davert, Bone, Kawashima, Palmer (5)
COUNCILMEMBER NOES: None (0)
COUNCILMEMBER ABSTAINED: None (0)
COUNCILMEMBER ABSENT: None (0)
PAMELA STOKER
CITY CLERK
Resolution No. 08-34
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