HomeMy WebLinkAboutCC RES 99-48I
2 RESOLUTION NO. 99-48
9 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
5 LIGHTING EXPENSES IN THE TUSTIN RANCH AREA WITHIN THE
BOUNDARIES OF THE TUSTIN. LANDSCAPE AND LIGHTING
S DISTRICT FOR FISCAL YEAR 1999-00
7 WHEREAS, the City Council of the City of Tustin, California (hereinafter referred
8 to as the "City Council"), has adopted Resolution No. 99-23 initiating proceedings for
the annual levy of assessments for the payment of the expenses of providing and
9 servicing public landscaping and public street lighting in the Tustin Ranch area within
the boundaries of the Tustin Landscape and Lighting District; and
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11 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
12 Division 15 of the Streets and Highways Code of California as amended the "Code" and
Proposition218; and
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I4 WHEREAS, the City Council has approved the report as filed on the 17th day of
May 1999, with the passage and adoption of ResolutionNo. 99-31; and
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WHEREAS, the City Council heretofore by Resolution of Intention No. 99-35,
i 6 passed and adopted on the 17th day of May 1999, declared its intention to provide for an
annual levy of assessment for improvement, maintenance and servicing of public
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landscaping and street lighting facilities within the boundaries of the territory included
18 within the Tustin Landscape and Lighting District; as more fully described in said
Resolution of Intention; and
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20 WHEREAS, the City Council, in and by said Resolution of Intention No. 99-35
fixed Monday June 21, 1999 at 7:00 p.m. before the City Council at the City Council
21 Chambers, 300 Centennial Way, Tus-tin, 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
2!_ 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
25 the time, form and manner required by law; and
26 WHEREAS, the hearing was duly opened and held by the City Council at the time
27 and place for the heating; and
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2 WHEREAS, all verbal protests or objections made by property owners at the
hearing conducted on June 21, 1999, were formally received and reflected in the City
B Council minutes of said meeting; and
4 WHEREAS, the City Council received all written property owner protests
5 :: submitted prior to the conclusion of the hearing; and
6 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
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overruled each and all of said protests and objections, as hereinafter set forth; and
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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
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11 WHEREAS, the public interest and convenience require the maintenance, servicing
and operation of those certain public landscaping and lighting facilities within the
12 assessment district; and
I3 WHEREAS, all the assessed territory within .said assessment district would be
14 specially benefited by the maintenance of improvements described in the Resolution of
Intention.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
i 6 Tustin as follows:
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Section 1. The foregoing recitals are true and correct and the City Council so finds
18 and determines, All said: protests and objections are hereby overruledby the affh'mative
vote of the members of the City Council voting in favor of the adopting of this
19 resolution.
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Section2. The improvements consisting of the maintenance, servicing, and
21 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
22 undertaken.
Section3. The Annual Assessments for Fiscal Year 1999-00, as set forth in the
2~_ Report, copies of which are on file in the office of the City Clerk are hereby confirmed.
25 Section 4. Passage of this Resolution shall constitute a-levy of an assessment for
the fiscal year referred to in the assessment confirmed herein.
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27 Section5. Pursuantto law, including Article 1 of Chapter4 of Part2 of Division5
of the Code, the City Clerk shall file a certified copy of this Resolution and the diagram
9.28 and the assessment confirmed by the Resolution, or a certified copy .therefore, With the
County Auditor of the County of Orange.
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2 Section 5. Pursuantto law, including Article 1 of Chapter4 of Part 2 of Division 5
of the Code, the City Clerk shall file a certified copy of this Resolution and the diagram
3 and the assessment confirmed by the Resolution, or a certified copy therefore, with the
County Auditor of the County of Orange.
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5 PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tustin held on the 21st day of June 1999.
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8 'Itra~y X~s Worley,
ATTEST:
9' '
11 City Clerk
12 RESOLUTION CERTIFICATE
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!4 STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
15 CITY OF TUSTIN )
.to RESOLUTION NO. 99-48
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PA1MELA STOKER, City Clerk and ex-officio Clerk of the City of Council of the
18 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
19 foregoing Resolution was passed and adopted at a regular meeting of the City
Council held on the 21 ~t day of June 1999 by the following vote:
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2! COUNCILMEMBERAYES: W0~tLEY, THOI, IAS, DOYLE, POTTS, SALT/kRELLI
COUNCILMEMBERNOES: NONE
~ COUNCILMEMBERABSTAINED: NONE
COUNCILMEMBERABSENT: NONE
Pamei'a 'Si<;ker, City Cterli:
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