HomeMy WebLinkAboutCC RES 88-068
RESOLUTION NO. 88-68
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 1988-89 FISCAL YEAR LEVY OF ASSESSMENT FOR THE
IMPROVEMENT, MAINTENANCE AND SERVICING OF PUBLIC 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 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. 88-55 on May 16, 1988; and
WHEREAS, the City Council heretofore by Resolution of
Intention No. 88-56 adopted on May 16, 1988, declared its
intention to order the annexation of additional territory to an
existing district and to provide for an annual levy of
assessment for improvement, maintenance and servicing of public
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. 88-56, fixed June 20~ 1988, 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 June 20, 1988 were formally
received and reflected in the City Council minutes of said
meeting; 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 w. hole 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 th~
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 benefitted by the improvements described in the
Resolution of Intention.
NOW, THEREFORE, the City Council of the City of Tustin
resolves as follows-
SECTI0N I. 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 2' The annexation of additional territory to the
Tustin 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.
SECTION 3' The.assessments for fiscal year 1988-89, 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 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 20th day of June, 1988.
MAYOR ' '~
ATTEST'
CITY cLeRK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF TUSTIN )
MARY Eo 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. 88-68 was duly and regularly introduced, passed and adopted at an
adjourned regular meeting of the City Council held on the 20th day of June,
1988, by the following vote'
AYES .' COUNCILPERSONS- Edgar, Hoesterey, Kelly, Kennedy, Prescott
NOES · COUNCILPERSONS- None
ABSTAINED. COUNCILPERSONS. None
ABSENT- COUNCILPERSONSo None