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Home My WebLink AboutPH 2 TLLD 07-07-86TO: HONORABLE lqAYOR AND IqEI~3ERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTT4ENT/ENGINEERING DIVISION SUBJECT: PUBLIC HEABING - TUSTIN LANDSCAPE AND LIGHTING DISTRICT RECOMMENDATION: That the designated public hearing be conducted on July 7, 1986 at 7:00 p.m., as 'noticed by the Tustin City Council. If the City Council ascertains that the additional territory should be annexed to the existing district and that the proposed 1986-87 fiscal year levy should be assessed to all affected parcels, the passing and adoption of the attached Resolution will be required. BACKGROUND: On June 16, 1986, the City Council adopted Resolution No. 86-75 approving the Engineer's Report for the annual levy of assessments for the Tustin Landscape and Lighting District and for the annexation of additional territory to said existing district. Additionally, they adopted Resolution No. 86-76 declaring their intention to order the annexation of additional territory to an existing district and to provide for an annual levy of assessment within the boundaries of the Tustin Landscape and Lighting District. Resolution No. 86-76 also fixed the time, date and place for said public hearing as 7:00 p.m. on July 7, 1986 in the Tustin City Council Chambers, 300 Centennial Way, Tustin, CA. The time, date and place of the public hearing has been duly noticed. DISCUSSION: After consideration of testimony at the public hearing, the City Council should determine whether or not to proceed with the annexation of additional territories to an existing district, and with the annual levy of assessment for fiscal year 1986-87 for said district. Adoption of the attached Resolution will annex the additional territories and approve the annual levy of assessment. · Bob Ledendecker Director of Public'Works/City Engineer BL:jm Attachment 1 2 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 86-86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, ORANGE COUNTY, CALIFORNIA, ORDERING THE ANNEXATION OF ADDITIONAL TERRITORY TO AN EXISTING DISTRICT AND CONFIRMING THE ANNUAL 1986-87 FISCAL YEAR LEVY OF ASSESSMENT FOR THE IMPROVEMENT, MAINTENANCE AND SERVICING OF PUBLIC 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. 86-74 initiating proceedings for the annual levy of assessments for the payment of the expenses of providing and servicing public 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 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. 86-75; and WHEREAS, the City Council heretofore by Resolution of Intention No. 86-76 adopted on June 16, 1986, declared its intention to order the annexation of additional territory to an existing district and to provide for an annual levy of assessment for improvement, maintenance and servicing of public 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, fixed Monday, July 7, 1986, 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 the annexation of additional territory to an existing district and 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 mailing set forth in Sections 22552.1, 22553 and 22555 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, the Auditor-Controller of the County of Orange has authorized and consented to the conclusion of said hearings and the adoption of this Resolution confirming the assessment on a date after July 1, 1986, but prior to August 10, 1986; and 10 11 12 13 14 1,5 16 17 18 19 20 21 2~ 2,t 26 27 28 WHEREAS, no written protests or objections were delivered to the City Clerk prior to the conclusion of the hearings and by property owners; and heari City WHEREAS, any verbal protests or objections made by property owners at the ng conducted July 7, 1986 were formally received and reflected in the Council minutes of said meetings; 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 lighting facilities within the proposed assessment district; and WHEREAS, all the territory within said assessment district will be benefitted 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 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 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. The exterior boundries of said district generally encompass all of the territory bounded by the Santa Ana Freeway on the south, Myford Road on the east, Irvine Boulevard on the north, and Browning Avenue on the west, and all additional areas outlined on Exhibit "A" of Resolution No. 86-74. Pursuant to Section 22508 of the Code, for a full and detailed description thereof, reference is made to the legal description on file with the County Assessor of the County of Orange. SECTION 3: The assessment for fiscal year 1986-87, 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. A copy of the assessment which specifies the amounts levied is attached hereto and made a part of this Resolution as Exhibit "A". 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 SECTION 5: Pursuant to law, including Article i of Chapter 4 of Part 2 of Division 15 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 7th day of July, 1986. Mayor ATTEST: City Clerk AFFIDAVIT OF POSTING I, Mary E. Wynn, City Clerk for the City of Tustin do hereby certify that City Council Resolution No. 86-76 was duly published in the Tustin News on June 19, 1986 and on June 26, 1986 per Sections 22552.1 and 22553 and posted per Section 22555 of Part 2 of Division 15 of the Streets and Highways Code. City Clerk kJ City of Tustin