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HomeMy WebLinkAboutCC RES 89-103 RESOLUTION NO. 89-103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, ORANGE COUNTY, CALIFORNIA, ORDERING THE ANNEXATION OF ADDITIONAL TERRITORY TO AN EXISTING DISTRICT AND CONFIRMING THE ANNUAL 1989-90 FISCAL YEAR LEVY OF ASSESSMENT FOR THE IMPROVEMENT, MAINTENANCE, AND SERVICING OF PUBLIC LANDSCAPING AND STREET 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 "City council,,), has adopted Resolution No. 88-49 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 WHEREAS, the City Council has approved the Report as filed by adoption of Resolution No. 89-91 on June 19, 1989; and WHEREAS, the City Council heretofore by Resolution of Intention No. 89-92 adopted on June 19, 1989, declared its intention to order the annexati'on of additional territory to an existing district and 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 Inten'tion No. 89-92, fixed July 17, 1989, 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 the annexation of additional territory to an existing district and 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 mailing 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 WHEREAS, said hearing was duly opened 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 17, 1989 were formally received and reflected in the City Council minutes of said meeting; and .. WHEREAS, said City Council proceed~ 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 said assessment district; and 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' 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 affirmative vote of the members of the members of the City Council voting in favor or the adoption of this resolution. SECTION ~: The annexation of additional territory to the Tusti~ 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. SECTIO~ ~: The assessments for fiscal year 1989-90, as set forth in the Report, copies of which are on file in the office of the City Clerk are hereby confirmed. SECTION ~: Passage of this resolution shall constitute a levy of an assessment for'the fiscal year referred to in the assessment confirmed herein. S~CTION ~' 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 17th day of July, 1989. ' TY CLERK MAYOR City of Tustin RESOLUTION CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) RESOLUTION NO. 89-103 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. 89-103 was duly and regularly introduced, passed and adopted at a regular meeting of the City Council held on the 17th day o~..July,...1989, by the following vote: COUNCILMEMBER AYES: Kennedy, Edgar, Hoesterey, Kelly, Prescott COUNCILMEMBER NOES: None COUNCILMEMBER ABSTAINED: None COUNCILMEMBER ABSENT: None Valerie Whiteman, DePuty '"ci{~' clerk for' · Mary E. Wynn, City Clerk