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RES 03-071RESOLUTION NO. 03-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA CONFIRMING THE LEVY OF ANNUAL ASSESSMENTS FOR THE LANDSCAPE MAINTENANCE AND PUBLIC STREET LIGHTING EXPENSES IN THE TUSTIN RANCH AREA WITHIN THE BOUNDARIES OF THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT FOR FISCAL YEAR 2003-04 WHEREAS, the City Council of the City of Tustin, California (hereinafter referred to as the "City Council"), has adopted Resolution No. 03-08 initiating proceedings for the annual levy of assessments for the payment of the expenses of providing and servicing public landscaping and public street lighting in the Tustin Ranch area within the boundaries of 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 22565 of Part 2 of Division 15 of the Streets and Highways Code of California as amended, the "Code", and Proposition 218; and WHEREAS, the City Council has approved the report as filed on the 21st day of April 2003, with the passage and adoption of Resolution No. 03-55; and WHEREAS, the City Council heretofore by Resolution of Intention No. 03-56 passed and adopted on the 21st day of April 2003, 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. 03-56 fixed Monday May 19, 2003 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 assessments, 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 in accordance with Proposition 218, and the City Council hereby finds the Resolution has been posted in the time, form and manner required by law; and WHEREAS, the hearing was duly opened and held by the City Council at the time and place for the hearing; and WHEREAS, all verbal protests or objections made by property owners at the hearing conducted on May 19, 2003, were formally received and reflected in the City Council minutes of said meeting; and Resolution 03-71 May 19, 2003 Page 2 WHEREAS, the City Council received all written property owner protests submitted prior to the conclusion of the hearing; 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 landscaping and lighting facilities within the assessment district; and WHEREAS, all the assessed territory within said assessment district would be specially benefited by the maintenance of 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 adoption of this resolution. Section 2 The improvements consisting of the maintenance, servicing, and operation of public landscaping and street lighting in the 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 Annual Assessments for Fiscal Year 2003-04 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. 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 the resolution, or a certified copy therefore, with the County Auditor of the County of Orange. Resolution No. 03-71 May 19, 2003 Page 3 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held on the 19th day of May 2003. ATTEST: City Clerk RESOLUTION CERTIFICATE STATE OF CALIFORNIA) COUNTY OF ORANGE) ss. CITY OF TUSTtN) RESOLUTION No. 03-71 PAMELA STOKER, 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 of the City of Tustin is five; that the above and foregoing Resolution was passed and adopted at a regular meeting of the City Council held on the 19th day of May 2003 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: 'WORLEY, KAWASHIMA, BONE, DAVERT, THOMAS NONE NONE NONE PLEASE COMPLETE THIS INFORMATION. RECORDING REQUESTED BY Gky o 7Oshn 300 C nnial Wthi ap, QV 0 Recorded in Official Records, County of Orange Tom Daly Clerk- Recorder I! IICIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII11IMIIIIIIIIIIIIIIIIIIIIIIINO FEE 2003000673928 01:53pm 06/10/03 714 95 R28 7 0 00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 -Fcwlution No . 6371 (Please fill in document title(s) on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 9/95 Rec.Form #R25 • RESOLUTION NO 03 -71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA CONFIRMING THE LEVY OF ANNUAL ASSESSMENTS FOR THE LANDSCAPE MAINTENANCE AND PUBLIC STREET LIGHTING EXPENSES IN THE TUSTIN RANCH AREA WITHIN THE BOUNDARIES OF THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT FOR FISCAL YEAR 2003 -04 WHEREAS the City Council of the City of Tustin, California (hereinafter referred to as the 'City Council ") has adopted Resolution No 03 -08 initiating proceedings for the annual levy of assessments for the payment of the expenses of providing and servicing public landscaping and public street lighting in the Tustin Ranch area within the boundaries of 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 22565 of Part 2 of Division 15 of the Streets and Highways Code of California as amended the 'Code and Proposition 218 and WHEREAS the City Council has approved the report as filed on the 21st day of April 2003 with the passage and adoption of Resolution No 03 -55 and WHEREAS the City Council heretofore by Resolution of Intention No 03 -56 passed and adopted on the 21st day of April 2003 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. 03 -56 fixed Monday May 19 2003 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 assessments, 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 in accordance with Proposition 218 and the City Council hereby finds the Resolution has been posted in the time form and manner required by law and WHEREAS the hearing was duly opened and held by the City Council at the time and place for the hearing, and WHEREAS all verbal protests or objections made by property owners at the hearing conducted on May 19 2003 were formally received and reflected in the City Council minutes of said meeting and • • Resolution 03 -71 May19 2003 Page 2 WHEREAS the City Council received all written property owner protests submitted prior to the conclusion of the hearing. 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 landscaping and lighting facilities within the assessment district; and WHEREAS, all the assessed territory within said assessment district would be specially benefited by the maintenance of 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 adoption of this resolution. Section 2 The improvements consisting of the maintenance servicing, and operation of public landscaping and street lighting in the 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 Annual Assessments for Fiscal Year 2003 -04 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 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 the resolution, or a certified copy therefore with the County Auditor of the County of Orange. • • Resolution No 03 -71 May19 2003 Page 3 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held on the 19th day of May 2003 ATTEST City 'Clerv' STATE OF CALIFORNIA) COUNTY OF ORANGE) ss. CITY OF TUSTIN) RESOLUTION No. 03 -71 fruziGo Tracy Wills i.rley Mayor I hereby certify that the foregoing instrument is a true and correct copy of the original on file with fit g City of Tustin. ATTEST 3 9110A �S1 cn t For Earocia Stoker, City Clerk City of Tustin, California RESOLUTION CERTIFICATE 20 07 PAMELA STOKER, 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 of the City of Tustin is five that the above and foregoing Resolution was passed and adopted at a regular meeting of the City Council held on the 19th day of May 2003 by the following vote COUNCILMEMBER AYES COUNCILMEMBER NOES COUNCILMEMBER ABSTAINED COUNCILMEMBER ABSENT WORLEY KAWASHIMA, BONE, DAVERT, THOMAS NONE NONE NONE Pamela Stoker City Clerk I- S CITY OF TUST1N LANDSCAPE AND LIGHTING DISTRICT ASSESSMENT DIAGRAM FOR THE 2002 -03 FISCAL YEAR LAND USE MAP LEGEND ResidenWl Commercial >; Yo of Parke Go emmenl Golf Course Clly Boundary SU- 11.41 DM SI ra- 71 1:5-171.7 13 8CALE y1e µuIXau Jail; Fri TIM No 3470 IM-11 lANI II (IS 11/4. VS411-III Mal IS (II ISIS MALI .._- n.•-40 MI 74 m ISIS • CITY OF TUSTIN LANDSCAPE AND LIGHTING DISTRICT ASSESSMENT DIAGRAM FOR THE 2002 -03 FISCAL YEAR ASSESSMENT DIAGRAM /BOUNDARY MAP LEGEND BENEFIT AREA A RENER? AREA B BENEFIT AREA C DIY BOUNDARY �PEICB3 CANYONS REGJONAi'. '`PARK 0