HomeMy WebLinkAboutCC RES 09-27RESOLUTION 09-27
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 2009-2010 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. 09-05 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. 09-05, 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 19th day of May 2009, with the passage and
adoption of Resolution No. 09-26.
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 2009-2010 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.
Resolution No. 09-27
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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 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 16, 2009, 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 19th day of May 2009.
~~
P MELA STOKE
City Clerk
Resolution No. 09-27
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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. 09-27 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 19~' day of
May, 2009, by the following vote:
COUNCILMEMBER AYES
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
Davert, Amante, Gavello, Nielsen (4)
None (0)
None (0)
Palmer (1)
'~
A STOK
CITY CLERK
Resolution No. 09-27
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