Loading...
HomeMy WebLinkAboutCC RES 91-0981 5 RESOLUTION 91-98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CONFIRMING THE ANNUAL 1991-92 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. 6 7 8 9 WHEREAS, the City Council of the City of Tustin, California (hereinafter referred to as the "City Council"), has adopted Resolution No. 91-84 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 ]2 referred to as "the Code"; and WHEREAS, the City Council has approved the Report as filed by adoption of Resolution No. 91-85 on June 17, 1991; and WHEREAS, the City Council heretofore by Resolution of Intention No. 91-86 adopted on June 17, 1991, 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. 91-86, fixed July 15, 1991, 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 28 'Resolution 91-98 July 10, 1991 Page 2 3 4 WHEREAS, said hearing was duly opened and held by the iCity 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 15, 1991 were formally received and reflected in the City Council minutes of said meeting; 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 121iland 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 17 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: 19 SECTION ~: 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 20' affirmative vote of the members of the City Council voting in 2111 favor of the adoption of this resolution. 22i~ SECTION ~: The improvements consisting of the !maintenance, servicing and operation of public landscaping and 23 !street lighting in said assessment district, as set forth in 'the Report, a copy of which is on file in the office of the 24 City Clerk, are ordered to be undertaken. SECTION ~: The assessments for fiscal year 1991-92 as set forth in the Report, copies of which are on file in the office of the City Clerk are hereby confirmed. 1 2 3 4 5 6 7 8 9 10 13 14 17 18 19 22 25, 27 28 Resolution 91-98 July 10, 1991 Page 3 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 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 15th day of July, 1991 . /.. /. /~: ./" , ~,.. ~:~ ~[' ' .,,../...,. Charles E. Puckett, Mayor ATTEST: City of Tustin RESOLUTION CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) RESOLUTION NO. 91-98 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 of the City of Tustin is five; that the above and foregoing Resolution No. 91-98 was duly and regularly introduced, passed and adopted at a regular meeting of the City Council held on the 15th day of July. 1991 by the following vote: COUNCILMEMBER AYES: Puckett, Pontious, Edgar, Potts, Prescott COUNCILMEMBER NOES: None COUNCILMEMBER ABSTAINED: None COUNCILMEMBER ABSENT: None Mary E. Wyn~ City ~.~e~rk City of Tustin