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HomeMy WebLinkAboutCC RES 01-059 RESOLUTION NO. 01-59 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 LIGHTING EXPENSES IN THE TUSTIN RANCH AREA WITHIN THE BOUNDARIES OF THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT FOR FISCAL YEAR 2001-02 WHEREAS, the City Council of the City of Tustin, California (hereinafter referred to as the "City Council"), has adopted Resolution No. 01-19 initiating proceedings for the annual levy of assessments for the payment of the expenses of providing and servicing public landscaping and public street lighting in the Tustin Ranch area within the boundaries of 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 22565 of Part 2 of Division 15 of the Streets and Highways Code of California as amended the "Code" and Proposition 218; and WHEREAS, the City Council has approved the report as filed on the 7th day of May 2001, with the passage and adoption of Resolution No. 01-45; and WHEREAS, the City Council heretofore by Resolution of Intention No. 01- 46 passed and adopted on the 7th day of May 2001, 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. 01-46 fixed Monday June 18, 2001 at 7:00 p.m. before the City Council at the City Council Chambers, 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 in accordance with Proposition 218, and the City Council hereby finds the Resolution has been posted in the time, form and manner required by law; and WHEREAS, the hearing was duly opened and held by the City Council at the time and place for the hearing; and WHEREAS, all verbal protests or objections made by property owners at the hearing conducted on June 18, 2001, were formally received and reflected in .. the City Council minutes of said meeting; and ..... WHEREAS, the City Council received all written property owner protests submitted prior to the conclusion of the hearing; 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 and operation of those certain public landscaping and lighting facilities within the assessment district; and WHEREAS, all the assessed territory within said assessment district would be specially benefited by t.he maintenance of improvements described in the Resolution of Intention. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tustin as follows' Section 1. 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 adopting of this resolution. Section 2 The improvements consisting of the maintenance, servicing, and 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 undertaken. Section 3. The Annual Assessments for Fiscal Year 2001-02 as set forth in the Report, copies of which are on file in the office of the City Clerk are hereby confirmed. Section 4. Passage of this Resolution shall constitute a levy of an assessment for the fiscal year referred to in the assessment confirmed herein. Section 5. 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 the Resolution, 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 18th day of June 2001. Tracy Wills Worley, Mayor ATTEST: City Clerk RESOLUTION CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) RESOLUTION No. 01-59 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 of the City of Tustin 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 June 2001. by the following vote: COUNCILMEMBER AYES: COUNCILMEM'BER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: Thomas, Bone, Doyle, Kawashima None None Worley Pamela Stoker, City Clerk 28