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HomeMy WebLinkAboutResolution - 3172 STATE OF CALIFORNIA ) RESOLUTION NO. 3172 COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO ORDERING THE ANNEXATION OF TERRITORY (COMMONLY KNOWN AS AUTO ZONE DEVELOPMENT CORPORATION, APN 439-111-002-1) TO LLPD 2) AND LEVYING ASSESSMENTS FOR FISCAL YEAR 2008-09 (LLPD 2, ANNEXATION 80) WHEREAS, on June 5, 2008, the City Council ("City Council") of the City of San Jacinto ("City") adopted Resolution No. 3171 declaring its intention to annex certain territory to LLPD 2 ("Assessment District"), which was designated for purposes of such proceedings as "Annexation 80" and "Zone 80," and scheduling a public hearing thereon; and WHEREAS, by Resolution No. 3170, the City Council approved the report of GFB-Friedrich and Associates, Inc., the Engineer of Record ("Report') which contained, among other matters, the proposed assessments to be levied for fiscal year 2008-09 upon assessable lots and parcels of land within the territory which comprises .-.. Annexation 80 to and Zone 80 of the Assessment District; and WHEREAS, pursuant to Section 53753 of the Government Code, notice of the proposed annexation and the proposed assessments and of the time and place of the public hearing thereon was mailed to the record owner of each parcel of property identified in the Report and further directed that each such mailed notice contain an assessment ballot Upon which the property owner could indicate his or her support or opposition to the proposed assessments; and WHEREAS, the City Council has conducted the public hearing with respect to the annexation of the territory proposed to be annexed to the Assessment District and has received a report from the City Clerk regarding the tabulation of the assessment ballots submitted, and not withdrawn, in support of or opposition to the proposed assessments advising that the ballots which were received were voted in favor of the proposed assessments and that a majority protest does not therefore exist; and WHEREAS, by Resolution No. 3171, the City Council determined that upon the annexation of such property to the Assessment District it should be detached from LLPD 1 to the extent the assessments levied thereby finance the same improvements provided for by the Assessment District. NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City ..r Council of the City of San Jacinto as follows: Page 1 of 5 SECTION 1. Findings. The findings recited in the preceding paragraphs are true and correct. SECTION 2. Assessment District. The Assessment District is LLPD 2 of the City of San Jacinto. The territory which is proposed to be annexed to the Assessment District and which comprises Annexation 80 is described in the Report and includes all of the property located at Assessor's Parcel Number 439-111- 002-1 in the City of San Jacinto, County of Riverside. SECTION 3. Improvements. The Improvements which shall be provided for the property proposed to be annexed to the District by and through the assessments levied annually thereon shall include the following: (a) the installation or construction of public lighting, facilities, including, but not limited to, street lights; (b) the installation or planting of landscaping, including, but not limited to, street trees, parkways, and median islands; (c) the installation or construction of park or recreational facilities; (d) the installation or construction of any facilities which are appurtenant to any improvements listed in (a) through (d) or which are necessary or convenient for the maintenance or servicing thereof including, but not limited to, irrigation, drainage, and electrical facilities; and (e) the maintenance and servicing of any of the foregoing. SECTION 4. Annexation Designation of Zone; Detachment. The territory comprising Annexation 80, as described in Section 2 hereof, is annexed to LLPD 2 of the City of San Jacinto. The diagram of the Assessment District, as modified to include Annexation 80 and as contained in the Report, is confirmed. Such annexed territory is designated as Zone 80 of the Assessment District. The territory comprising Annexation 80 and Zone 80 of the Assessment District shall be and is detached from LLPD 1 of the City of San Jacinto. SECTION 5. Levy of Assessments: Annual Increases: Duration. The assessments proposed to be levied on the lots and parcels within Zone 80 of the Assessment District for fiscal year Page 2 of 5 2008-09 in the amounts set forth in the Report and in the assessment ballot mailed to and returned by the owners of the property comprising Annexation No. 80 shall be and are confirmed and levied. Pursuant to Section 6 of Resolution No. 3169, and as specified in such ballot, the annual amount of the assessment to be levied on each parcel of property in Zone 80 of the Assessment District shall be subject to an annual adjustment or increase in an amount equal to the percentage increase in the Consumer Price Index-All Urban Consumers for Los Angeles - Anaheim - Riverside Area; provided, however, that the amount of the assessment to be levied on any parcel in any fiscal year shall not be increased by more than seven and one-half percent (7.5%) and the amount of the assessment to be levied on any parcel in any fiscal year shall not, in any event, exceed the actual total cost of the proportional special benefit conferred on that parcel. The assessments shall be levied annually on assessable lots and parcels of property in Zone 80 so long as the assessments are necessary to finance the cost of the operation, maintenance and servicing of the improvements specified in Section 3 within and for Zone 80. SECTION 6. Filing With the County Auditor. The City Clerk shall cause the diagram and assessment as confirmed and levied hereby to be filed with the County Auditor of the County of Riverside as required by Section 22641 of the Streets and Highways Code. SECTION 7. That the Mayor shall sign this Resolution and the City Clerk shall attest and certify to the passage and adoption thereof. Page 3of5 ADOPTED, SIGNED AND APPROVED this 5th day of June, 2008, by the following vote: ._ Ayes: Carlson, Mansperger, Stubblefield, Ayres Nays: None Absent: Ritchie Abstained: None City of San Jacinto By: yre Mayor ATTEST: rothy L. C ouinard, City Clerk APPROVED AS TO FORM: C AtKr ey, City &Man Jacinto Best, Best & Krieger, LLP. Page 4 of 5 Certificate of Election Official and Statement of Votes Cast STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF SAN JACINTO ) The undersigned, ELECTION OFFICIAL OF THE CITY OF SAN JACINTO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the provisions of Section 53326 of the Government Code and Division 12, commencing with Section 17000 of the Elections Code of the State of California, I did canvass the returns of the votes cast at the CITY OF SAN JACINTO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 SPECIAL ELECTION ANNEXATION NO. 80 in the City, held on June 5, 2008, 1 FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in the area proposed to be annexed to Landscaping, Lighting and Park District No. 2 of the City of San Jacinto for or against the Measure are full, true and correct. VOTES CAST ON PROPOSITION 1: YES 1 NO 0 WITNESS my hand this 5th day of June, 2008 Dofothy L. Ch uinard, City Clerk City of San Japinto �. Page 5 of 5