HomeMy WebLinkAboutPH 1 TLLD ANNL ASSES 07-06-93AGENDA - -
PUBLIC HEARING NO. 1
7-6-93
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DATE:
JULY 6, 1993
TO' WILLIAM A. HUSTON, CITY MANAGER
FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
PUBLIC HEARIN6 - FOR THE LEVY OF ANNUAL ASSESSMENTS FOR THE
SUBJECI: 1993-94 FISCAL YEAR FOR T~E TUMTIN LAi~DMCAPE & LIGHTING
DISTRICT
RECOMMENDATIONS
Pleasure of the City Council.
BACKGROUND
On March 15, 1993, the Tustin City Council passed and adopted Resolution
No. 93-22, which ordered the preparation of an Engineer's Report for the
levy of annual assessments for the 1993-94 fiscal year for the Tustin
Landscape and Lighting District.
The City Council, at their meeting of May 17, 1993, passed and adopted
two additional resolutions as follows:
Resolution No. 93-49 - approving the Engineer's report for the
1993-94 fiscal year for the levy of annual assessment for the
Tustin Landscape and Lighting District and for the annexation
of additional territory to said district.
Resolution No. 93-50 - declaring the City's intention to order
the annexation of additional territory to an existing district
and to provide for an annual levy of assessment for the
improvement, maintenance and servicing of public landscaping
and lighting facilities within the boundaries of the territory
included in the Tustin Landscape and Lighting District and to
levy and collect assessments pursuant to the Landscape and
Lighting Act of 1972.
Resolution 93-50 set the time and place for a public hearing at 7:00
p.m., Monday, July 6, 1993, at the Tustin Area Senior Center, 200 "C"
Street, Tustin, California 92680, where all interested persons may
appear before the City Council and be heard concerning the annual levy
of assessments to the district and the annexation of additional
territory to an existing district. Any protests must be in writing and
must be filed with the City Clerk prior to the conclusion of the
hearing.
City Clerk has caused notice of the hearing to be given by causing the
Notice cf Public Hearing to be published and posted in a manner required
by Part 2 of Division 15 of the Streets and Highways Code.
DISCUSSION
Suggested procedure for the public hearing, which has been set for 7:0~
p.m. Monday, July 6, 1993, at the Tustin Area Senior Center, 200 "C"
Street, Tustin, California, 92680:
Open Hearing
Receive any testimony from affected pr6perty oWners-.
Determine that any 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.
Depending upon the outcome of the above-mentioned public
testimony, it is requested that the Tustin City Council pass
and adopt the attached resolution confirming the annual 1993-
94 fiscal year levy of assessment.
Robert Ledendecker
Director of Public Works/City Engineer
RL: ccg: levy
cc: Dana R. Kasdan
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RESOLUTION NO. 93-64
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 1993-94 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 No. 93-22 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 Part 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. 93-49 on May 17, 1993; and
WHEREAS, the City Council heretofore by Resolution of
Intention No. 93-50 adopted on May 17, 1993, 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. 93-50, fixed July 6, 1993 at 7:00 p.m. before
the City Council at the Tustin Senior Center, 200 "C" Street,
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 settling 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
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Resolution 93-64
July 6, 1993
Page 2
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 obj~cti6ns 'made _by
property owners at the hearing conducted July 6, 1993 were
formally received and reflected in the City 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
land in said assessment 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 resolves 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 the undertaken.
Section 3: The assessment for fiscal year 1993-94 as set
forth in the Report, copies of which are on file in the office
of the City Clerk are hereby confirmed.
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Resolution 93-64
July 6, 1993
Page 3
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 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 6th day of July
1993.
ATTEST:
Jim Potts, Mayor
City Clerk
AFFIDAVIT OF PUBLICATION AND POSTING
TUSTIN LANDSCAPE AND LIGHTING DISTRICT
I, Valerie Whiteman, Chief Deputy City Clerk for the.City of
Tustin, do hereby certify that City Council Resolution No. 93-
5~was ~Uly published in the Tustin News on June 17, 1993 and
June 24, 1993, in accordance with Sections 22552 and 22553 and
posted per Section 22555 of Part 2 of Division 15 of the
Streets and Highways Code.
Dated: June 25, 1993
Valerie Whiteman
Chief Deputy City Clerk
City of Tustin
AFFIDAVIT OF PUBLICATION AND POSTING
TUSTIN LANDSCAPE AND LIGHTING DISTRICT
I, Valerie Whiteman, Chief Deputy City Clerk for the City of
Tustin, do hereby =ertify that City Council Resolution No. 93-
50 was duly published in the...Tustih News On-June 17, 1993 and
June 24, 1993, in accordance with Sections -22552 and 22553 and
posted per Section 22555 of Part 2 of Division 15 of the
Streets and Highways Code.
Dated: June 25, 1993
Valerie Whiteman
Chief Deputy City Clerk
City of Tustin