HomeMy WebLinkAboutPH 1 TLLD ANN'L ASSES 07-15-91PUBLIC HEARING N0. 1
AGENDAL,--:5,-(�1
7-15-91
1nter-Com
ATE: JULY 10, 1991
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
SUBJECT: PUBLIC HEARING - FOR THE LEVY OF ANNUAL ASSESSMENTS FOR THE
1991-92 FISCAL YEAR FOR THE TUSTIN LANDSCAPE & LIGHTING DISTRICT
RECOMMENDATION:
Pleasure of the City Council.
BACKGROUND:
On June 17, 1991, the Tustin City Council passed and adopted the
following resolutions pertaining to the City of Tustin Landscape
and Lighting District:
* Resolution No. 91-84 - Ordering the preparation of an
Engineer's Report for the levy of annual assessments for the
1991-92 fiscal year for the Tustin Landscape and Lighting
District.
* Resolution No. 91-85 - Approving the Engineer's Report for the
1991-92 fiscal year for the levy of annual assessment for the
Tustin Landscape and Lighting District.
* Resolution No. 91-86 - Declaring the City's intention 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 No. 91-86 set the time and place for a public hearing at
7: 00 P.M., Monday, July 15, 1991, Tustin City 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 of the 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.
Public Hearing - Tustin Landscape and Lighting District
July 10, 1991
Page 2
DISCUSSION:
Suggested procedure for the public hearing which has been set for•
7:00 P.M. Monday, July 15, 1991 at the Tustin Council Chambers, 300
Centennial Way, Tustin, California 9,2680.-
Open
2680:
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 1991-
92 fiscal year levy of assessment.
Bob Le endecker
Director of Public Works/City Engineer
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RESOLUTION 91-98
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, CONFIRMING THE ANNUAL 1991-92 FISCAL YEAR
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.
CaliforniaS, the (hereinafterreferred yuncil of the City of Tustin,
to as the City Council")
has adopted Resolution No. 91-84 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
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 by adoption of Resolution No. 91-85 on June 171 1991;
and
WHEREAS, the City Council heretofore by Resolution of
Intention No. 91-86 adopted on June 17, 1991, 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. 91-86, fixed July 15, 1991, at 7:00 P.M. before
the City Council in the Council Chambers at 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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Resolution 91-98
July 10, 1991
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 objections made by
property owners at the hearing conducted July 15, 1991 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 operation of those certain public
landscaping and lighting facilities within said assessment
district; and
WHEREAS, all the territory within said assessment
district will be benefited by the improvements described in
the Resolution of Intention.
NOW, THEREFORE, 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 adoption of this resolution.
SECTION 2: 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 assessments for fiscal year 1991-92 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 91-98
July 10, 1991
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 by the City Council of the City of
Tustin at a regular meeting held on the 15th day of July,
1991.
ATTEST:
Chief Deputy City Clerk
Charles E. Puckett, Mayor