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RESOLUTION 02-44
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 2002-2003 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. 02-26 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. 02-26, 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 2002, with the passage and
adoption of Resolution 02-43.
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 2002-2003 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.
Section2: 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 designed as Tustin Landscape and
Lighting District generally encompasses the portion of the City known as East
Tustin, being north of 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 02-44
May 6, 2002
Page 2
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 Monday June 3, 2002, at the hour of
7:00 p.m. at 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 2002.
26 ATTEST:
II
Jeffery M. Thomas, Mayor
City of Tustin
RESOLUTION CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS
CITY OF TUSTIN )
RESOLUTION NO. 02-44
I, PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, hereby certifies that the whole number of the members of the City
Council of the City of Tustin is five; and that the above and foregoing. Resolution No. 02-
44 was adopted at a regular meeting of the City Council held on the 6th day of May, 2002,
by the following vote:
COUNCILMEMBER AYES: Thomas, Worley, Bone, Doyle, Kawashima
COUNCILMEMBER NOES: None
COUNCILMEMBER ABSTAINED: None
COUNCILMEMBER ABSENT: None
mela Stoker, City Clerk