HomeMy WebLinkAboutCC RES 95-067 RESOLUTION NO. 95-67
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, ORDERING THE ANNEXATION OF ADDITIONAL
TERRITORY TO AN EXISTING DISTRICT AND CONFIRMING THE
ANNUAL 1995-96 FISCAL YEAR 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
WHEREAS, the City Council of the City of Tustin,
California (hereinafter referred to as the "City Council"),
has adopted Resolution 95-47 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 specifiedin 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. 95-56 on June 19, 1995 and
WHEREA.S, the City Council heretofore by Resolution of
Intention No. 95-57, adopted on June 19, 1995, 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
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. 95-57 fixed July 17, 1995 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
an 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 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 July 17, 1995 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 and operation of those certain public
and 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, BE IT RESOLVED by the City Council of the
City of Tustin 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 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 1995-96 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
2 shall file a certified copy of this Resolution and the diagram
and the assessment confirmed by this Resolution, or a
3 certified copy therefore, with the County Auditor of the
County of Orange.
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PASSED AND ADOPTED at a regular meeting of the City
5 Council of the City of Tustin held on the 17th day of July
1995.
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8 Jim t~~ s,' a~'
ATTEST:
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11 ~ Clerk
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City of Tustin
RESOLUTION CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF TUSTIN )
RESOLUTION NO. 95-67
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 is five; that the above and foregoing
resolution was passed and adopted at a regular meeting of the City Council
held on the 17th day of July, 1995, by the following vote:
COUNCILMEMBER AYES: Potts, Worley, Doyle, Saltarelli
COUNCILMEMBER NOES: None
COUNCILMEMBER ABSTAINED: None
COUNCILMEMBER ABSENT: Thomas
Valerie Crabill, Chief Deputy City Clerk
for Mary E. Wynn, City Clerk