HomeMy WebLinkAboutCC RES 11-42RESOLUTION NO. 11-42
~ 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 2011-2012
WHEREAS, the City Council of the City of Tustin, California (hereinafter referred
to as the "City Council"), has adopted Resolution No. 11-10 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 3~ day of
May 2011, with the passage and adoption of Resolution No. 11-35; and
"~ WHEREAS, the City Council heretofore by Resolution of Intention No. 11-36
passed and adopted on the 3`d day of May 2011, 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, by said Resolution of Intention No. 11-36, fixed
Tuesday, June 7, 2011, 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 11-42
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WHEREAS; all verbal protests or objections made by property owners at the
hearing conducted on June 7, 2011, were formally received and reflected in the City
Council minutes of said meeting; and
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 2011-2012 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.
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PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular
meeting on the 7th day of June, 2011.
ATTEST:
PA STOK ,
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. 11-42 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 7th day
of June, 2011, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
Amante, Nielsen, Gavello, Gomez, Murray (5)
None (~)
None (~)
None '(~)
PAMELA STOKER,
City Clerk
Resolution 11-42
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