HomeMy WebLinkAboutCC RES 87-0781
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RESOLUTION N0. 87-78
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 1987-88 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 (hereinafte
referred to as "City Council"), has adopted Resolution No. 86-74 initiating
proceedings for the annual levy of assessments for the payment of the expense
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 hi
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
Resolution No. 87-57 on May 18, 1987; and
WHEREAS, the City Council heretofore by Resolution of Intention No. 87-58
adopted on May 18, 1987, 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.
87-58, as amended by Resolution No. 87-62, fixed June 15, 1987, 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, a written request was delivered to the City Clerk prior to the
conclusion of the hearing by The Irvine Company who requested that their lands
north of Irvine Boulevard not be annexed at this time due to a change in their
schedule for development; and
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WHEREAS, said City Council agreed to the request of The Irvine Company
for a delay in annexation of those lands north of Irvine Boulevard; and
WHEREAS, said City Council further requested staff to consider
assessments at a lower rate for high density residential developments when
revising the Engineer's Report; and
WHEREAS, any verbal protests or objections made by property owners at the
hearing conducted June 15, 1987 and July 6, 1987 were formally received and
reflected in the City Council minutes of said meetings; 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 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;
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 adoption of this Resolution.
SECTION 2: The revised Engineer's Report dated June 1987 is hereby
approved.
SECTION 3: 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. The exterior boundaries of said district generally encompass all
of the territory bounded by the Santa Ana Freeway on the south, Jamboree Road
on the east, Irvine Boulevard on the north, and Browning Avenue on the west,
and all additional areas outlined in the Report.
SECTION 4: The assessments for fiscal year 1987-88, as set forth in the
Report, copies of which are on file in the office of the City Clerk are hereby
confirmed.
~ SECTION 5: Passage of this Resolution shall constitute a levy of an
:assessment for the fiscal year referred to in the assessment confirmed
therein.
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SECTION 6: Pursuant to law, including Article 1 of Chapter 4 of Part 2
of Division 15 of the Code, the City Clerk shall file a certified copy of thi
Resolution and the diagram and the assessment confirmed by this Resolution, o
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 regula
meeting held on the 6th day of July, 1987.
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ATTEST:
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City Clerk
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STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
MARY E. WYNN, City Clerk
Tustin, California, does
the City Council of the
Resolution No. 87-78 was
regular meeting of the
following vote:
and ex-officio Clerk of the City Council of the City of
hereby certify that the whole number of the members of
City of Tustin is five; that the above and foregoing
duly and regularly introduced, passed and adopted at a
City Council held on the 6th day of July, 1987, by the
AYES COUNCILPERSONS: Edgar, Hoesterey, Kennedy, Prescott
NOES COUNCILPERSONS: Kelly
ABSENT: COUNCILPERSONS: None
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MAR E. WY ;City C1 µk
City of Tu ~in, California