HomeMy WebLinkAbout01 TLLD ASSESS'S 06-20-94AGENDA
NO. 1
6-~2.0~-; 9 4
Inter-Corn
DATE:
JUNE 20, 1994
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: PUBLIC WORKS DEPARTMENT
PUBLIC HEARING - FOR THE LEVY OF ANNUAL ASSESSMENTS FOR THE
SUBJECT: 1994-95 FISCAL YEAR FOR THE TUSTIN LANDSCAPE AND LIGHTING
DISTRICT :
RECOMMENDATIONS
·
Pleasure of the City Council.
BACKGROUND
On May'2, 1994, the Tustin City Council passed and adopted Resolution
No. 94-45, which ordered the preparation of an Engineer's Report for the
levy of annual assessments for the 1994-95 fiscal year for the Tustin
Landscape and Lighting District.
The city Council, at their meeting of June 6, 1994, passed and adopted
two additional resolutions as follows:
Resolution No. 94-64 - approving the Engineer's report for the
1994-95 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. 94-65 - 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 94-65 set the time and place for a public hearing at 7:00
p.m., Monday, June 20, 1994, at the City Hall Council Chambers, 300
Centennial Way, 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 of 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 7:00
p.m. Monday, June 20, 1994, at the City Hall Council Chambers, 300
Centennial Way, Tustin, California, 92680:
* Open Hearing
* Receive any testimony from affected property 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 1994-
95 fiscal year levy of assessment.
Robert Ledendecker
Director of Public Works/City Engineer
Katie Pitcher ~
Administrative Assistant II
RL: ccg: levy2
cc: Dana R. Kasdan
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RESOLUTION NO. 94-71
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, C~.,IFORNIA, ORDERING .THE ~'TNE~TION OF
~DDITION~ TERRITORY TO ~N EXISTING DISTRICT ~
CONFIRI~ING THE ~NNUAL ~994-95 FISC~ff., YF.J~ LEVY OF
ASSESSMENT FOR THE IHPROVEI~ENT, I~INTEN~CE ~ND
SERVICING OF PUBLIC ~CAPING LIGHTING FACILITIES
WITHIN THE BOUNDARIES OF THE TERRITORY INCLUDED IN
THE TUSTIN ~SCAPE ~NDLIGHTING 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
WHEREA~, 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
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W~~, said hearing was duly opened and held by the City
Council, at the time and place for the hearing; and
W~R~%~, 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
~~, 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
W~~, 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
W~RF~%~, 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
W~~, 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.
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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.
'Thomas R. Saltarelli, Mayor
ATTEST:
City Clerk