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RESOLUTION NO. 92-87
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, ORDERING THE ANNEXATION OF ADDITIONAL TERRITORY
TO AN EXISTING DISTRICT AND CONFIRMING THE ANNUAL 1992-93
FISCAL YEAR LEVY OF ASSESSMENT FOR THE IMPROVEMENT,
MAINTENANCE AND SERVICING OF PUBLIC LANDSCAPING 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 the "City Council"), has adopted
Resolution No. 92-77 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 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
WItEREAS, the City Council has approved the Report as filed
and adoption of Resolution No. 92-78 on June 15,.1992; and
WHEREAS, the City Council heretofore by Resolution of
Intention No. 92-79 adopted on June 15, 1992, 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; an~
WHEREAS, the City Council, in and by said Resolution of
Intention No. 92-79, fixed July 20, 1992 at 7:00 p.m. before the
City Council at the Tustin Senior Center, 200 "C" Street,
Tustin, California, as the time and place for a hearing which
was continued to August 3, 1992 for the purpose of receiving
testimony 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 2255k, 22553, and 22554, of the Code; and the City
Council hereby finds the Resolution has been posted in the time,
form and mannlr required by law; and
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Resolution 92-87
August 3, 1992
Page 2
WHEREAS, said hearing was duly opened, continued 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 July 20, 1992 and August 3, 1992
were formally received and reflected in the city 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 operation of those certain public
landscaping and lighting facilities within said 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, BE IT RESOLVED by the City Council of the
City of Tustin resolves as follows:
Section i: 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 ~: 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 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 5: The assessments for fiscal year 1992-93 as set
forth in the Report, copies of which are on file in the office
of the City Clerk are hereby confirmed.
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Resolution 92-87
August 3, 1992
Page 3
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Section ~: Passage of this Resolution shall constitute a
levy of an assessment for the fiscal year referred to in the
assessment confirmed herein.
Section ~: 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 Re~olution, or a certified copy
therefore, with the County Auditor of the County of Orange.
PASSED AND ADOPTED at a regular meeting of the City Council
of the City of Tustin held on the 3rd day of August, 1992.
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ATTEST:
l~ity Clerk
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Lesl Pontious, Mayor
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City of Tustin
RESOLUTION CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
SS
RESOLUTION NO. 92-87
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 3rd day of August, 1992, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
Pontious, Potts, Puckett, Thomas
None
None
Saltarelli
ry E. Wynn, City Clerk