HomeMy WebLinkAboutCC RES 94-071i
2
3
4
5
6
7
8
9
10
11
12
13
14
15.
16
17
18
19
20
21~~
22
23
24
25
2s
27
28
RESOLUTION NO. 94-71
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ORDERING THE ANNEXATION OF
ADDITIONAL TERRITORY TO AN EXISTING DISTRICT AND
CONFIRMING THE ANNUAL 1994-95 FISCAL YEAR LEVY OF
ASSESSMENT FOR THE IMPROVEMENT, MAINTENANCE AND
SERVICING OF PUBLIC LANDSCAPING LIGHTING FACILITIES
WITHIN THE BOUNDARIES OF THE TERRITORY INCLUDED IN
THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT
WHEREAS, the City Council of the City of Tustin,
California (hereinafter referred to as the "City Council") , has
adopted Resolution 94-45 initiating proceedings for the annual
levy of assessments for the payment of the expenses of
providing and servicing public landscaping and street lighting
within the Tustin Landscape and Lighting District, and to annex
certain additional territory to the existing district; and
WHEREAS, the City Engineer has prepared and filed with the
City Clerk his report (the "Report") containing the matters
specified in Section 22567 of Park 2 of Division 15 of the
Streets and Highways Code of California hereinafter referred to
as "the Code"; and
WHEREAS, the City Council has approved the Report as filed
and adopted Resolution No. 94-64 on June 6, 1994; and
WHEREAS, the City Council heretofore by Resolution of
Intention No. 94-65 adopted on June 6, 1994, 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. 94-65, fixed June 20, 1994 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 assessment, 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 the City
Council hereby finds the Resolution has been posted in the
time, form and manner required by law; and
1
2',
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22~
23
24
25
26
27
28
WHEREAS, said hearing was duly opened and held by the City
Council, at the time and place for the hearing; and
WHEREAS, any verbal protests or objections made by
property owners at the hearing conducted June 20, 1994 were
formally received and reflected in the Council minutes of said
meeting; 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, 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
district; and
WHEREAS, the public interest and convenience require the
maintenance, servicing and operation of those certain public
and landscaping and lighting facilities within said assessment
district; and
WHEREAS, all the territory within said assessment district
will be benefitted by the 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 annexation of additional territory to the
Tustin Landscape and Lighting District is hereby ordered and
the improvements consisting of the maintenance, servicing and
operation of public landscaping and street lighting in said
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 assessment for fiscal year 1994-95 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.
1
2
3
4
5
6
7
8
Section 5: Pursuant to law, including Article 1 of
Chapter 4 of Park 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 this Resolution, or a certified
copy therefore, with the County Auditor of the County of
Orange.
PASSED AND ADOPTED at a regular meeting of the City
Council of the City of Tustin held on the 20th day of June,
1994.
9
10 ATTEST:
11
12
13
141
15
16
17
18
191
20
21
~f
23
24
25
26
27 I
c~
City Cle
A
Thomas R. Sal arelli, Mayor
281
City of Tustin
RESOLUTION CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
RESOLUTION NO. 94-71
ss
Mary E. Wynn, 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 Council is five; that the above and foregoing
resolution was passed and adopted at a regular meeting of the City Council
held on the 20th day of June, 1994, by the following vote:
COUNCILMEMBER AYES: Saltarelli, Potts, Doyle, Thomas
COUNCILMEMBER NOES: None
COUNCILMEMBER ABSTAINED: None
COUNCILMEMBER ABSENT: Worley
~~~1 ~1~_. ~ +..~:'
Mary E. ynn, C~
Clerk