HomeMy WebLinkAboutCC RES 10-56RESOLUTION NO. 10-56
~,.,, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA CONFIRMING THE LEVY OF
ANNUAL ASSESSMENTS FOR THE LANDSCAPE
MAINTENANCE AND PUBLIC STREET LIGHTING
EXPENSES IN THE TUSTIN RANCH AREA WITHIN THE
BOUNDARIES OF THE TUSTIN LANDSCAPE AND
LIGHTING DISTRICT FOR FISCAL YEAR 2010-2011
WHEREAS, the City Council of the City of Tustin, California (hereinafter referred
to as the "City Council"), has adopted Resolution No. 10-23 initiating proceedings for
the annual levy of assessments for the payment of the expenses of providing and
servicing public landscaping and public street lighting in the Tustin Ranch area within
the boundaries of the Tustin Landscape and Lighting District; and
WHEREAS, the City Engineer has prepared and filed with the City Clerk his
report (the "Report") containing the matters specified in Section 22565 of Part 2 of
Division 15 of the Streets and Highways Code of California as amended, the "Code",
and Proposition 218; and
WHEREAS, the City Council has approved the report as filed on the 4th day of
""'"' May 2010, with the passage and adoption of Resolution No. 10-38; and
~""' WHEREAS, the City Council heretofore by Resolution of Intention No. 10-39
passed and adopted on the 4th day of May 2010, declared its intention to provide for an
annual levy of assessment for improvement, maintenance and servicing of public
landscaping and street lighting facilities within the boundaries of the territory included
within the Tustin Landscape and Lighting District; as more fully described in said
Resolution of Intention; and
WHEREAS, the City Council, in and by said Resolution of Intention No. 10-39
fixed Tuesday, June 1, 2010, at 7:00 p.m. before the City Council at the City Council
Chambers, 300 Centennial Way, Tustin, California, as the time and place for a hearing
on levying the proposed assessments, and provided for the notice of said hearing; and
WHEREAS, the City Clerk has filed with the City Council an affidavit setting forth
the time and manner of compliance with the requirements for posting and publishing set
forth in Sections 22552, 22553 and 22554, of the Code and in accordance with
Proposition 218, and the City Council hereby finds the Resolution has been posted in
the time, form and manner required by law; and
WHEREAS, the hearing was duly opened and held by the City Council at the
time and place for the hearing; and
Resolution 10-56
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WHEREAS; all verbal protests
hearing conducted on June 1, 2010,
Council minutes of said meeting; and
or objections made by property owners at the
were formally received and reflected in the City
WHEREAS, the City Council received all written property owner protests
submitted prior to the conclusion of the hearing; and
WHEREAS, said City Council proceeded to hear and pass upon any protests,
made at the hearing, and on motions duly made and seconded, granted in whole or in
part or, overruled each and all of said protests and objections, as hereinafter set forth;
and
WHEREAS, the public interest and convenience require the maintenance,
servicing and operation of those certain public landscaping and lighting facilities within
the assessment district; and
WHEREAS, all the assessed territory within said assessment district would be
specially benefited by the maintenance of improvements described in the Resolution of
Intention.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tustin
that it determines and orders as follows:
Section 1: The foregoing recitals are true and correct and the City Council so
finds and determines. All said protests and objections are hereby overruled by the
affirmative vote of the members of the City Council voting in favor of the adoption of this
resolution.
Section 2: The improvements consisting of the maintenance, servicing, and
operation of public landscaping and street lighting in the assessment district, as set forth
in the Report, a copy of which is on file in the office of the City Clerk, are ordered to be
undertaken.
Section 3: The Annual Assessments for Fiscal Year 2010-2011 as set forth in the
Report, copies of which are on file in the office of the City Clerk are hereby confirmed.
Section 4: Passage of this Resolution shall constitute a levy of an assessment for
the fiscal year referred to in the assessment confirmed herein.
Section 5: Pursuant to law, including Article 1 of Chapter 4 of Part 2 of Division 5
of the Code, the City Clerk shall file a certified copy of this Resolution and the diagram
and the assessment confirmed by the resolution or a certified copy therefore, with the
County Auditor of the County of Orange.
PASSED AND ADOPTED at a regular meetir1g of the Cii%~cil of t~ City of
Tustin held on the 1ST day of June 2010.
Resolution 10-56
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ATTEST:
PA ELA STOKE
City Clerk
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. 10-56 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 1st day of
June 2010, by the following vote:
COUNCILMEMBER AYES:
'"""" COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
~"""' COUNCILMEMBER ABSENT:
PA STOKER
City Clerk
Nielsen, Davert, Palmer, Gavello
Amante
(4)
(o)
(1)
(o>
Resolution 10-56
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