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HomeMy WebLinkAboutCC RES 02-056 RESOLUTION NO. 02-56 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 2002-03 WHEREAS, the City Council of the City of Tustin, California (hereinafter referred to as the "City Council"), has adopted Resolution No. 02-26 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 6th day of May 2002, with the passage and adoption of Resolution No. 02-43; and WHEREAS, the City Council heretofore by Resolution of Intention No. 02-44 passed and adopted on the 6th day of May 2002, 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. 02-44 fixed Monday June 3, 2002 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 WHEREAS, all verbal protests or objections made by property owners at the hearing conducted on June 3, 2002, 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 Resolution No. 02-56 June 3, 2002 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, said City Council hereby finds and determines that protests and objections were not made or signed by the owners of more than one-half of the area of the assessable land in said assessment district; 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 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 adopting 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 2002-03 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. Resolution No. 02-56 June 3, 2002 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held on the 3rd day of June 2002. ATTEST: City Clerk STATE OF CALIFORNIA) COUNTY OF ORANGE)ss. CITY OF TUSTIN) J e~¢¢. ~'h°rnas , Mayor RESOLUTION CERTIFICATE RESOLUTION No. 02-56 17 PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California does hereby certify that the whole number of the members of the City · 18 Council of the City of Tustin is five; that the above and foregoing Resolution was passed and adopted at a regular meeting of the City Council held on the 3rd day of June 2002 19 bythe following vote: 2O COUNCILMEMBERAYES: Thomas, Bone, Doyle, and Kawashima 21 COUNCILMEMBER NOES: None COUNCILMEMBER ABSTAINED: None 22 COUNCILMEMBERABSENT: Worley 23 24 25 26 27 Pamela Stoker, City Clerk 28