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HomeMy WebLinkAboutCC RES 13-37RESOLUTION i O. 13-37 A G ESOLUTIOl\I OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA DECLARING ITS INTENTION TOG PROVIDE FOR Pd\I Al\IiAIUAL LEVY OF ASSESSNIEiNT FOR FISCAL YEAR 2013 -20114 FOR T!HE IMPROVEMENT, N]AI1NTEl\7AACE AND SERVICING OF PU39 L I C LAI\1DSCAPII\1G 'ND LIGHTING; FACILITIES IN THE T USTIN RAINICH AREA WI T �I] 7 THE BOUNDARIES OF THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT AND TO LEVY AND COLLECT 1--\SSESSMEbITS PURSUANT TO THE LANDSCAPING AiND LIGHThNIG ACT OF 1972 AND PROPOSITION 211 AND GIVING NOTICE THEnE0F WHEREAS, the City Council by Resolution No. 13 -05 initiated proceedings for the annual levy of assessments Tor the Tustin Landscape and Lighting Di&trict pursuant to ''the provisions of the Landscaping and Lighting Act of 1 972 (Part 2, Division 15 of the California Streets and Highways Code) as amended and Proposition 218; and WHEREAS, by said F esoluLion l\lo. 13-05, the City Council ordered the City Engineer so prepare a repoTZ pursuant to Section 22565 of said Cole and Proposition 21 8; and � /]HEREAS, the City Enginser approved by the City Council or) the adoption of Resolution No. 13 -36. did prepare and file such a report and it was 7th day of Nlay 2013, v ilh "the passage and NOW, THEREFORE, BE IT RESOLVED by she City Council of 'the City of Tustin that it determines and orders as follo�jAjs: Section 1: That the public interest and convenience require and it is true intention of the City Council of the City of Tustin to order the annual lavy of assessments for Fiscal Year 2013 -2014 and to levy and collect said assessments pursuant 'lo the provision of said Landscaping and Lighting Act of 1272 (Part 2 of Division 15 of said Streets and Highways Code) as amended and proposition 2131. Section 2: That the improvements to be und_-TI:a *en 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 Districl generally encompasses the portion of the City known as East Tustin, being north of the 1 -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. 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 Resolution No. 13 -37 „ Page I of 3 boundaries of the Assessment G s'l i t and any areas therein, and the proposed assessments upon assessable lots and parcels of land within the District. Section 4: That said proposed maintenance, sari cing and operation of landscaping and lighting, in the opinion of the City Council of �Ihe City of T uaJn AoAl be to the benefit of she properly lying 1j / \Jthin the described boundaries of the Assessment Distdct as said Assessment District is described and defined in said Engineer's Reporke Section 5: 'Notice is hereby given that Tuesday, June 4, 2013, at the hour of 7:00 p.m. on the Tus"Jn City Council Chambers, 300 Centennial VIay, Tustin, Caflfornia 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 Ustrict, and extent of tho District, the services to be performed, and the proposed assessment and all other matteTS relating thereto. PTotests must be in �,jriting and must be filed �j'�jith the City Clerk prior to the concluss on of the hearing. Any such protest shall state all grounds of the objection and, if filed by the property mjvnier, shall contain a descTiption sufflcisnt to identFy the property. Section 6: The City Clerk shall cause notice of the hearing to be giien by causing the Resolution of Intention to be posted and publkshed in the manner required by Part 2 of Division 15 of the Street's and Irigh'vvays Code. PASSED AND ADOPTED at a regular meeting of the C it C until of the City of Tustin held on the 7th day of May 2013. ELWYN A�MURRAY, Mayor ATTEST; JEFy R C PARKER, Ci Cler Resolution No. 13 -37 Page 2 of 3 n l 1/\TE CGS CALIFORNIA COLIMM T Y OF ORANGE SS CITY OF II US T HNI 1, JS "uf rSy C. FaTkGr, City Clary End eex —01' Cl o Clank of �i�hs- Ci"�"Y COUnC l Of the Cosy of Count l os f'vs; 1haal ��he above and fomgoong Resoluruuori, No. 13 -37 'was duly End regularly passed and adopted at a regular mso-�Jng of the Mly Count l hell on °Iha T h Jay of May, 2013 by ohs o lmju ng vots: COUNCILMEMBER AYES: COUNCILMEMBER NOES; COUNCILMEMBER ABSTAINED: COUNCILMEMBER -ASSENT JEFI� E p PARKER, M1'j Clerk Resolution No. 13 -37 Page 3 of 3 Murray, Puckett, Nielsen, Gomez, Bernstein (5) None (0) None (G) None - - (0)