HomeMy WebLinkAboutCC RES 96-072RESOLUTION NO.9Cr72
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA ORDERING THE AriNEXATION
OF ADDITIONAL TERRITORY TO AN EXISTING
DISTRICT AND CONFIRMING THE ANNUAL 1996-97
FISCAL YEAR LEVY OF ASSESSMENT FOR THE
IlVIPROVIIVIEI~TT, 1~tiAINTENANCE AND SERVICING OF
PUBLIC LANDSCAPING AND LIGHTING FACII.ITIES
WITHIN THE BOUNDARIES OF THE Z~RRITORY
INCLUDED IN THE TUSTIN LANDSCAPE AND LIGHTING
DISTRICT
WI~REAS, the City Council of the City of Tustin, California (hereinafter referred to as the
"City Council"), has adopted Resolution No. 96-52 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 and adopted Resolution No.
96-56 on June 3, 1996; and
VvEIEREAS, the City Council heretofore by Resolution of Intention No. 96-57, adopted on
June 3, 1996, declared its intention 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 temtory included within the Tustin Landscape and Lighting District; as more full described
in said Resolution of Intention; and
VVIIEREAS, the City Council, in and by said Resolution of Intention No. 96-57 fixed July 1,
1996 at 7:00 p. m. before the City Council at the City Council Chambers, 300 Centennial Way,
Tustin, California, as the time and place for a hearing on levying the proposed assessment, and
provided for the notice of said hearing; and
WHEREAS, the City Clerk has filed with the City Council a affidavit setting forth the time ~
and manner of compliance with the requirements, for posting and publishing set forth in Sections
22552, 22553, and 22554, of the Code; and the City Council hereby finds the Resolution has
been posed in the time, form and manner required by law; and ~
VVI~REAS, said hearing was duly opened and held by the City Council at the time and place
for the hearing; and
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V'VHEREAS, any verbal protests or objections made by property owners at the hearing
conducted July 1, 1996, 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 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
operation of those certain public and landscaping and lighting facilities within said assess
district; and
WHEREAS, all the temtory within said assessment district will be benefited by
improvements described in the Resolution of Intention.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tustin
follows:
'on 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 adopting 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 the undertaken.
section 3: The assessment for fiscal year 1996-97 as set for in the Report, copies of which are
on file in the office of the City Clerk are hereby confirmed.
n 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 the Resolution, or a certified copy therefore, with the County Auditor of
the County of Orange.
PASSID AND ADOPTID at a regular meeting of the City Council of the City of Tustin held
on the 1` day of July, 1996.
UVG~~ U~
Tracy Wills Orley, Mayor
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ATTEST:
City Clerk
RESOLUTION CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF TUSTIN )
RESOLUTION NO. 96-72
PAMELA STOKER, City Clerk and ex-officio Clerk of the City of 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 was passed and adopted at a
regular meeting of the City Council held on the 1st day of July ,1996 by the following vote:
COUNCII.MEMBER AYES: Worley, Thomas, Doyle, Sal tarel 1 i
COUNCII.MEMBER NOES: None
COUNCILMEMBER ABSTAINED: None
COUNCILMEMBER ABSENT: P o t t s
Pamela Stoker, City Clerk