HomeMy WebLinkAboutCC RES 98-055 I
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RESOLUTION NO. 98-55
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 1L4~NCH AREA WITHIN THE BOUNDARIES OF
THE TUSTIN LANDSCAPE .haND LIGHTING DISTRICT FOR FISCAL YEAR
1998-99
WHEREAS, the City Council of the City'of Tustin, California (hereinafter referred to as
the "City Council"), has adopted Resolution No. 98-21 initiating proceedings for the annual
lew 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 184 day of May
1998, with the passage and adoption of Resolution No. 98-45; and
WHEREAS, the City Council heretofore by Resolution of Intention No. 98-46, passed
and adopted on the 184 da3; of May 1998, declared its intention to provide foi' an annual lew -
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. 98-46 fixed
Tuesday July 7, 1998 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 posted notice of the continuance of the public hearing to
Tuesday, July 7, 1998 at 7:00 p.m.; 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 .
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WHEREAS, all verbal protests or objections made by property owners at the hearing
conducted on July 7, 1998, were formally received and reflected in the City Council minutes
of said meeting; and
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 sen, icing and
operation of those certain public landscaping and lighting facilities within the assessment
district; and
- WHEREAS, all the assessed territory within said assessment district will 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 adopting of this resolution.
Section2. 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 1998-99, as set for the 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
>f the Code, the City Clerk shall file a certified copy of this Resolution and the dia~am and
:he assessment confirmed by the Resolution, or a certified copy therefore, with the Count).,
~,uditor of the County of Orange.
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C--ity Clerk.
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of
rustin held on the 74 day of July, 1998.
Thomas R. Salr~el'li, ~ayor
RESOLUTION CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE .) ss.
CITY OF TUSTrN )
RESOLUTIONNO. 98-55
PAMELA STOKER, City Clerk and ex-.officio Clerk of the City of CoUncil of the City
of Tustin, California, does hereby certify that the whole number of the members of the Ciiy
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 7th day of July, 1998 by the
following vote:
COUNCILMEMBERAYES'
iCOUNCILMEMBERNOES:
COUNCILMEMBERABSTAINED:
COUNCILMEMBERABSENT:
S.~LTARELLI, WORLEY, DOYLE, POTTS, THOMAS
NONE
NONE
NONE
.~ela Stoker, City Clerk