HomeMy WebLinkAboutResolution - 3077 STATE OF CALIFORNIA ) RESOLUTION NO. 3077
COUNTY OF RIVERSIDE)ss
CITY OF SAN JACINTO )
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JACINTO, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND
COLLECT ASSESSMENTS WITHIN LANDSCAPING, LIGHTING AND
PARK DISTRICT NO. 1 (LLPD #1) FOR FISCAL YEAR 2007-2008 AND
GIVING NOTICE OF AND SETTING THE TIME AND PLACE OF THE
HEARING ON THE LEVY OF THE PROPOSED ASSESSMENT (FY
2007-2008 LLPD #1 ANNUAL LEVY)
WHEREAS, on June 16, 1992 the City Council of the City of San Jacinto, ("City")
authorized the formation of Landscaping, Lighting and Park District No. 1 (the "District')
pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the
Streets and Highways Code (the "Act'), for the maintenance and servicing of street
lights, landscaping, parkways and median islands; and
WHEREAS, in November 1996 the voters of the State of California passed
Proposition 218 which added Articles XIIIC and XIIID to the California Constitution
requiring, among other things, new procedures for the approval of the levying of
assessments against real property; and
WHEREAS, Article XIIID of the California Constitution requires that assessments
comply with stated procedural and approval provision by July 1, 1997, unless an
assessment district meets certain exemptions as set forth in Section 5 of the Article
which exemptions include the following:
"(a) any assessment imposed exclusively to finance the capital costs or
maintenance and operation expenses for sidewalks, streets, sewers,
water, flood control, drainage system or vector control."
"(b) any assessment imposed pursuant to a petition signed by the persons
owning all of the parcels subject to the assessment at the time the
assessment is initially imposed;" and
WHEREAS, the District assessments proposed for the 2007-2008 Fiscal Year
are exempt from Proposition 218 because the assessments either general revenue for
the operation and maintenance of street and highways, all expenditures there under
qualifying as street maintenance as defined by the State of California or they were
approved by petition of the property owners when the assessments were originally
imposed; and
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