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HomeMy WebLinkAboutCC RES 89-092 RESOLUTION NO. 89- 92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, ORANGE COUNTY, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE ANNEXATION OF ADDITIONAL TERRITORY TO AN EXISTING DISTRICT AND TO PROVIDE FOR AN ANNUAL 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 AND TO LEVY AND COLLECT ASSESSMENTS PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND GIVING NOTICE HEREOF · . WHEREAS, the City Council by Resolution 89-90 initiated proceedings for the annual levy of assessments and annexation of additional territory to an existing district for the Tustin Landscape and Lighting District pursuant to the provisions of the Landscaping and Lighting Act of 1972 (Part 2, Division 15 of the California Streets and Highways Code); and WHEREAS, by said Resolution No. 89-90, the City Council ordered the City Engineer to prepare a report pursuant to Section 22565 of said Code; and WHEREAS, the City Engineer did prepare and file such a report and the same was approved by the City Council on the 19th day of June, 1989, Resolution No. 89-91; NOW, THEREFORE, the City Council of the City of Tustin does hereby resolve as follows: 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 annexation of additional territory to an existing district and to order the annual levy of assessments 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 Code). SECTION 2. That the improvements to be undertaken consist of the installation, maintenance, servicing and operations of those certain public landscaping and lighting facilities located within the Tustin Landscape and Lighting District. The assessment district designated as Tustin Landscape and Lighting District generally encompasses that portion of the City known as East Tustin, being north of I-5 Freeway and east of Browning Avenue except the areas of all public streets, avenues, lanes, alleys, rights-of-way, parks, and all publicly owned property being used for public purposes, provided, however notwithstanding property owned by railroad and public utility companies not used for public purposes shall be included in the district and not be excluded pursuant to the aforesaid exceptions. Additional parcels to be annexed are listed in the Engineer's Report. SECTION $. That reference is hereby made to the Engineer's Report on file with the City Clerk and open to inspection, for a fully detailed description of the improvement, the boundaries of the Assessment District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. SECTION 4. That said proposed maintenance, servicing and operation of landscaping 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 Assessment District is described and defined in said Engineer's Report. SECTION 5. Notice. is hereby given that ~0n~da~',:~idu]~'~17. th~,o~.:~ 1989 at the hour of 7:00 p.m. in the City Council Chambers, 300 Centennial Way', Tustin, California, 92680, are hereby fixed as the time and place where all interested persons may appear before the City Council and be heard concerning the annexation of additional territory to the existing district and the annual levy of assessments of the District, the extent of the District, the services to be performed, and the proposed assessment and all other matters relating thereto° Protests must in writing and must be filed with the City Clerk prior to the conclusion of 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. SECTION 6. The City Clerk shall cause notice of the hearing to be given by causing the Resolution of Intention to be posted and published in the manner required by Part 2 of Division 15 of the Streets and Highways code. PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the 19th day of June, 1989. ATTEST: City Cl~k Mayor 26 . 27 28 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) 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-.92 was duly and regularly introduced, passed and adopted at a regular meeting of the City Council held on the 19th day of June, by the following vote- AYES - COUNCILPERSONS- Kennedy, Edgar, Kelly, Hoesterey, P~escott NOES · COUNCILPERSONS · None ABSTAINED: COUNCILPERSONS · None ABSENT · COUNCILPERSONS · None