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Public Hearing No. 4
8-6-90
DATE: JULY 26, 1990 Inter - Com
TO: WILLIAM HUSTON, CITY MANAGER
FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
SUBJECT: PUBLIC HEARING - FOR THE LEVY OF ANNUAL ASSESSMENTS FOR THE
1990-91 FISCAL YEAR FOR THE TUSTIN LANDSCAPE & LIGHTING DISTRICT
RECOMMENDATION:
Pleasure of the City Council.
BACKGROUND:
On July 16, 1990, the Tustin City Council passed and adopted the
following resolutions pertaining to the City of Tustin Landscape and
Lighting District:
* Resolution No. 90-91 - Ordering the preparation of an Engineer's
Report for the levy of annual assessments for the 1990-91 fiscal year
for the Tustin Landscape and Lighting District.
* Resolution No. 90-92 - Approving the Engineer's Report for the
1990-91 fiscal year for the levy of annual assessment for the Tustin
Landscape and Lighting District.
* Resolution No. 90-93 - 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. 90-93 set the time and place for a public hearing at 7:00
P.M., Monday, August 6, 1990, Tustin City Council Chambers, 300
Centennial Way, Tustin, CA 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
Resolution of Intention No. 90-93 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 26, 1990
PAGE 2
DISCUSSION:
Suggested procedure for the public hearing which has been set for 7:00
P.M., Monday, August 6, 1990 at the Tustin Council Chambers, 300
Centennial Way, Tustin, CA 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 ordering the annexation and confirming the annual
1990-91 fiscal year levy of assessment.
Bob Le endecker
Director of Public Works/City Engineer
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RESOLUTION NO. 90-99
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, CONFIRMING THE ANNUAL 1990-91 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.
WHEREAS, the City Council of the City of Tustin, California
(hereinafter referred to as "City Council"), has adopted
Resolution No. 90-91 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. 90-92 on July 16, 1990; and
WHEREAS, the City Council heretofore by Resolution of
Intention No. 90-93 adopted on July 16, 1990, 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. 90-93, fixed August 6, 1990, 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
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 August 6, 1990 were formally
received and reflected in the City Council minutes of said
meeting; and
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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 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 1990-91, 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 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 6th day of August, 1990.
ATTEST:
Mary E.Wynn, City Clerk
Richard B. Edgar, Mayor