HomeMy WebLinkAboutCC RES 13-46 RESOLUTION NO. 13-46
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
2013-2014 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. 13-05 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. 13-05, 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 7th day of May 2013, with the passage and
adoption of Resolution No. 13-36.
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 2013-2014 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.
Section 2: 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 designated as Tustin Landscape and Lighting District 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.
Resolution 13-46
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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 Tuesday, June 18, 2013, at the hour of 7:00
p.m. in the Tustin City Council Chamber, 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 4th day of June, 2013.
41'
ELWYN MURRAY,
Mayor
ATTEST:
fit
JE' "' C. PARKER,
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1
Resolution 13-46
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STATE OF CALIFORNIA )
ORANGE COUNTY
CITY OF TUSTIN
I, Jeffrey C. Parker, 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 forgoing Resolution No. 13-46
was duly passed and adopted at a regular meeting of the City Council of the City of
Tustin, held on June 4, 2013, by the following vote:
COUNCILMEMBER AYES: Murray, Puckett, Nielsen, Gomez, Bernstein (5)
COUNCILMEMBER NOES; None (0)
COUNCILMEMBER ABSTAINED: None (0)
COUNCILMEMBER ABSENT None (0)
G
,t, d
JEFF 75 t . PARKER,
Ci C e k
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Resolution 13-46
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