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HomeMy WebLinkAboutResolution - 2910 STATE OF CALIFORNIA ) RESOLUTION NO: 2910 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. 2 (LLPD NO. 2) FOR FISCAL YEAR 2006-2007 ACCEPTING THE ENGINEER'S REPORT AND GIVING NOTICE OF AND SETTING THE TIME AND PLACE OF THE HEARING ON THE LEVY OF THE PROPOSED ASSESSMENT (LLPD NO. 2 2006-2007 LEVY) WHEREAS, on April 4, 2002 the City Council of the City of San Jacinto, ("City") adopted Landscaping, Lighting and Park District No. 2 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, traffic signals, street trees, landscaping, parkways, median islands,drainage facilities, parks and appurtenant improvements; and WHEREAS, in November 1996 the voters of the State of Califomia 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 Califomia Constitution requires that assessments comply with stated procedural and approval provisions 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 2006-2007 Fiscal Year are exempt from Proposition 218 because the assessments either generate revenue for the operation and maintenance of streets and highways, all expenditures thereunder 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 Page 1 of 3