HomeMy WebLinkAboutCC RES 98-46I
RESOLUTION NO. 98-46
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
B COUNTY OF ORANGE, CALIFORNIA DECLARING ITS INTENTION
4 TO PROVIDE FOR AN ANNUAL LEVY OF ASSESSMENT FOR
FISCAL YEAR 1998-99 FOR THE IMPROVEMENT, MAINTENANCE
5 AND SERVICING OF PUBLIC LANDSCAPING AND LIGHTING
FACILITIES IN THE TUSTIN RANCH AREA WITHIN THE
6 BOUNDARIES OF THE TUSTIN LANDSCAPE AND LIGHTING
7 DISTRICT AND TO LEVY AND COLLECT ASSESSMENTS
PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972
8 AND PROPOSITION 218 AND GIVING NOTICE THEREOF.
9 WHEREAS, the City Council by Resolution No. 98-21 initiated proceedings
for the annual levy of assessments for the Tustin Landscape and Lighting District pursuant to
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the provisions of the'Landscaping and Lighting Act of 1972 (Part 2, Division 15 of the
11 California Streets and Highways Code) as amended and Proposition -218; and
12 ~VHEREAS, by said Resolution No. 98-21, the City Council ordered the City
Engineer to prepare a report pursuant to Section 22565 of said Code and Proposition 218; and
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14 WHEREAS, the City Engineer did prepare and file such a report and it was
approved by the City Council on. the 18th day of May 1998, with the passage and adoption of
15 Resolution No. 98-45.
16 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Tustin determines and orders as follows:
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18 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 annual levy of assessments for Fiscal Year
19 1998-99 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
20 Code) as amended and Proposition 218.
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Section2: That the improvements to be undertaken consist of hhe installation,
22 maintenance, servicing and operations of those certain public landscaping and lighting
facilities located with the Tustin .Landscape and Lighting District. The Assessment District
9,,3 designed as Tustin Landscape and Lighting District generally encompasses the portion of the
City known as East Tustin, being north of 1-5 Freeway and east of Browning Avenue except
24 the areas of all public streets, avenues, lanes, alleys, and rights-of-way provided, however,
notwithstanding property owned by the railroad and public utility companies not used for
25 public purposes shall be included in the district and not be excluded pursuant to the aforesaid
26 exceptions.
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1 SectiOn 3: That reference is hereby made to the Engineer's Report on file with the
2 City Clerk and open to inspection for a fully detailed description of the improvements, the
boundaries of the Assessment District and any zones therein~ and the proposed assessments
3 upon assessable lots and parcels of land within the District.
' 4 Section 4: That said proposed maintenance, servicing and operation .of landscaping
5 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
6 Assessment District is described and defined in said Engineer's Report~
7 Section 5: Notice is hereby given that Monday, July 6, 1998, at the hour of 7:00
8 p.m. at the. Tustin City Council Chambers, 300 Centennial Way, Tustin, California 92780 is
hereby fixed as the time and place where all interested persons may appear before the City
9 Council and be heard conceming 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
10 relating thereto.
11 Protests must be in writing and must be filed with the City Clerk prior to the conclusion of
12 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.
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Section 6: The City Clerk shall cause notice of the heating to be given by causing
14 the Resolution of Intention to b'e posed and published in the manner required by Part 2 of
15 Division 15 of the Streets and Highways Code.
PASSED .~2qD ADOPTED at a regular meeting of the City Council of the City
of Tustin held on the 18th day of May, 1998.
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Thomas Ro 8-~dr~lli, Mayor
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ATTEST:
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22 City Clerk
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City of Tustin
RESOLUTION CERTIFICATION
STATE +OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF TUSTIN )
RESOLUTION NO. 98-46
Pamela Stoker, :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 18th day of May, 1998, by the following vote:
COUNCILMEMBER AYES: Saltarelli, Worley, Doyle
-COUNCILMEMBER NOES:' None
COUNCILMEMBER ABSTAINED' None
COUNCILMEMBER ABSENT: Potts, Thomas
Pamela Stoker, City Clerk