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HomeMy WebLinkAboutCC RES 94-065 1 2 $ 4 5 6 7, 8 9 10 I1 12 13 14 15 16 17 18 19 20 2I 2~ 27 28 RESOLUTION NO. 94-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, ORANGE COUNTY, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE ANNEXATION OF ADDITIONAL TERRITORY TO AN EXISTING DISTRICT AND 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 LANDSCAPING. AND LIGHTING ACT OF 1972 AND GIVING NOTICE THEREOF WHEREAS, the City Council by Resolution 94-45 initiated proceedings for the annual levy of assessments and annexation of additional territory to an existing district for the Tustin Landscape and Lighting District pursuant to the provisions of the Landscaping and Lighting Act of 1972 (Part 2, Division 15 of the California .Streets and Highways Code) as amended; and WHEREAS, by said Resolution 94-45, the City Council ordered the City Engineer to prepare a report pursuant to Section 22565 of said Code; and WHEREAS, the City Engineer did prepare and file such a report and the same was approved by the City Council on the 6th day of June 1994, with the passage and adoption of Resolution 94-64. NOW, THEREFORE, BE IT RESOLVED by the city Council of the City of Tustin determines and orders as follows: Section 1: That the public interest and convenience require and it is the intention of the City Council of the City of Tustin to order the annexation of additional territory to an existing district and to order the annual levy of assessments and to levy and collect said assessments pursuant to the provision of said Landscaping and Lighting Act of 1972 (Part 2 of Division 15 of said Streets and Highways Code) as amended. Section 2: That the improvements to be undertaken consist of the installation, maintenance, .servicing and operations of those certain public landscaping and lighting facilities located within the Tustin Landscape and Lighting District. The Assessment District designed as Tustin Landscape and Lighting District generally encompasses that portion of the City known as East Tustin, being north of I-5 Freeway and east of Browning Avenue except the areas of all public streets, avenues, lanes, alleys, rights-of-way, parks and all publicly owned property being used for public purposes, provided, however notwithstanding property owned by railroad and public utility companies not used for public purposes shall be included in the district and not be excluded pursuant to the aforesaid exceptions. Additional parcels are located throughout the City as depicted on a map contained within the Engineers's Report. 1 $ 5 6 7. 8 9 10 11 19. I5 16 17 18 19 9.0 21 25 27 28~ Section 3: That reference is hereby made to the Engineer's Report on file with the City Clerk and open to inspection for a fully detailed description of the improvement, the boundaries of the Assessment District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. Section 4: That said proposed maintenance, servicing and operation of landscaping and lighting, in the opinion of the City Council of the City of Tustin will be to the benefit of the property lying within the described boundaries of the Assessment District as said Assessment District is described and defined in said Engineer's Report Section 5: Notice is hereby given that Monday, June 20, 1994, at the hour of 7:00 p.m. at the Tustin City Council Chambers, 300 Centennial Way, Tustin, California 92680 are hereby fixed as the time and place where all interested persons may appear before the City Council and be heard concerning the annual levy of assessments of the District, and extent of the District, the services to be performed, and the proposed assessment and all other matters relating thereto. Protests must be in writing and must be filed with the City Clerk prior to the conclusion of the hearing. Any such protest shall state all grounds of the objection and, if filed by the property owner, shall contain a description sufficient to identify the property. Section 6: The City Clerk shall cause notice of the hearing to be given by causing the Resolution of Intention to be posted and published in the manner required by Part 2 of Division 15 of the Streets and Highways Code. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held on the 6th day of June 1994. Thomas R. S~arelli, Mayor ATTEST: City of Tustin RESOLUTION CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) ss RESOLUTION NO. 94-65 Mary E. Wynn, 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 is five; that the above and foregoing resolution was passed and adopted at a regular meeting of the City Council held on the 6th day of June, 1994, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: Saltarelli, Potts, Doyle, Thomas, Worley None None None Mary E. nn, Clt.~. Clerk