HomeMy WebLinkAboutCC RES 97-421
2 RESOLUTION NO. 97-42
3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, ORANGE
COUNTY, CALIFORNIA, DECLARING ITS INTENTION TO PROVIDE FOR AN
4 ANNUAL LEVY OF ASSESSMENT BEGINNING FISCAL YEAR 1997-98 FOR
5 THE IMPROVEMENT, MAINTENANCE AND SERVICING OF PUBLIC
LANDSCAPING AND LIGHTING FACILITIES IN THE TUSTIN RANCH AREA
6 WITHIN THE BOUNDARIES OF THE TUSTIN LANDSCAPE AND LIGHTING
DISTRICT AND TO LEVY AND COLLECT ASSESSMENTS PURSUANT TO
7 THE LANDSCAPING AND LIGHTING ACT OF 1972 AND PROPOSITION 218
8 AND GIVING NOTICE THEREOF
9 WltEREAS, the City Council by Resolution No. 97-23 initiated proceatings for
the annual levy of assessments for the Tustin Landscape and Lighting District pursuant to the
10 provisions of the Landscaping and Lighting Act of 1972 (Part 2, Division 15 of the California
11 SWeets and Highways Code) as amended and Proposition 218; and
12 WltEREAS, by said Resolution No. 97-23, the City Council ordered the City
13 Engineer to prepare a report pursuant to Section 22565 of said Code and Proposition 218;
and
14
WItEREAS, the City Erigineer did prepare and file such a report and it was
15 approved by the City Council on the 19th day i~fMay 1997, with the passage and adoption of
Resolution 97-41.
16
17 NOW, T!tEREFORE, BE IT RESOLVED by the City Council of the City of
Tustin determines and orders as follows:
18
Section 1: That the public interest and convenience require and it is the
19
intention of the City Council of the City of Tustin to order the annual levy of assessments
20 beginning with Fiscal Year 1997-98 and to levy and collect said assessments pursuant to the
provision of said Landscaping and Lighting Act of 1'972 (Part 2 of Division 15 of said SWeets
21 and Highways Code) as amended and Proposition 218.
Section 2: That the improvements to be undertaken consist of the installation,
:>,3 maintenance, servicing and operations of those certain public landscaping and lighting
facilities located within the Tustin Landscape and Lighting District. The Assessment District
21 designed as Tustin Landscape and Lighting District generally encompasses that portion of the
City known as East Tustjn, being north of I-5 Freeway and east of Browning Avenue except
25 the areas of all public streets, avenues, lanes, alleys, and rights-of-way provided, however,
26 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
27 exceptions.
I
2 Section 3: 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 improvements, the
B boundaries of the Assessment District and any zones therein, and the proposed assessments
upon assessable lots and parcels offand within the District.
5 Section4: That said proposed maintenance, servicing and operation of
landscaping and lighting in the opinion of the City Council ofthe'City' of Tustin will be to the
6 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.
7
8 Section 5: Notice is hereby given that Monday, July 7, 1997, at the hour of
7:00 p.m. at the Tustin City Council Chambers, 300 Centennial Way, Tustirt, Califomia
$t 92680 is hereby fixed as the time and place where all interested persons may appear before
the City Council and be heard concerning the annual levy of assessments of the District, and
10
extent of the District, the services to be performed, and the proposed assessment and all other
.11 matters relating thereto.
19. Section 6: The City Clerk shall cause written notice, in accordance with
13 Proposition 218, to be mailed to property owners in the district forty-five (45) days in
advance of the Public Hearing. Property owners shall receive a ballot, along with the notice,
14 in order to register their approval or disapproval of the assessment.
15 Property owners-who choose to pm"tidpate in the assessment ballot proceedings
must complete and remm their ballots by the close of the public hearing that starts at 7:00
16
P.M. on July 7, 1997.
17
Section 7: The City Clerk shall cause additional notice of the hearing to be
18 given by causing the Resolution of Intention to be posted and published in the manner
19 required by Part 2 of Division 15 of the Streets and Highways Code.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tustin held on the 19th day of May 1997.
125 ATTEST!
28 City Clerk;
City of Tustin
RESOLUTION CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF TUSTIN )
RESOLUTION NO. 97-42
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 is five; that the above and foregoing
resolution was passed and adopted at a regular meeting of the City Council
held on the 19th day of May, 1997, by the following vote:
COUNCILMEMBER AYES: Thomas, Saltarelli, Doyle, Potts, Worley
COUNCILMEMBER NOES: None
COUNCILMEMBER ABSTAINED: None
COUNCILMEMBER ABSENT: None
Pam~T]/~' Stoker, ~ Cl~rk