HomeMy WebLinkAboutResolution - 3189 STATE OF CALIFORNIA ) RESOLUTION NO. 3189
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 01) FOR FISCAL YEAR 2008-2009 AND
GIVING NOTICE OF AND SETTING THE TIME AND PLACE OF THE
HEARING ON THE LEVY OF THE PROPOSED ASSESSMENT (FY
2008-2009 LLPD 91 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 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 2008-2009 Fiscal Year
are exempt from Proposition 218 because the assessments are 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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WHEREAS, the Act also requires that the City comply with certain procedural
and approval procedures before levying its annual assessments under an existing
assessment district; and
WHEREAS, the adoption of this Resolution, among other things, is required in
order to levy the proposed assessments for Fiscal Year 2008-2009 for the District; and
WHEREAS, by said Resolution the City Council ordered John Friedrich, RCE,
the person designated by this Council as the Engineer of Work for the District to file a
report with the City Cleric in accordance with the Act; and
WHEREAS, Mr. Friedrich has filed such report with the City Clerk, and such
report has been presented to and was considered by the City Council.
NOW THEREFORE, BE IT RESOLVED, determined and ordered by the City
Council of the City of San Jacinto, California as follows:
Section 1. The City Council hereby declares that it is its intention to levy and
collect assessments for the District during the Fiscal Year 2008-
2009 pursuant to the Act. The area to be assessed is located in the
City of San Jacinto, Riverside County, California. The boundaries
of the District are described in Exhibit A attached hereto.
Section 2. The purpose of the District is for maintenance and servicing of
�-- landscaping, irrigation, parkways, medians and street lighting.
Section 3. The report filed by Mr. Friedrich which is on file with the City Clerk
and which has been considered by the City Council at the meeting
at which this Resolution has been adopted, is hereby accepted. All
interested persons are referred to that report for a full and detailed
description of the work, the boundaries of the proposed
assessment di -t ict, and the proposed assessments upon
assessable lots and parcels of land with the District.
Section 4. The Fiscal Year 2008-2009 assessments in each benefit zone
within Landscaping, Lighting and Paris District No. 1 are the same
as the Fiscal Year 2007-2008 assessments.
Section 5. On Thursday, August 7, 2008, at the hour of 7:00 p.m. or as soon
thereafter, during the course of its regularly scheduled meeting, the
City Council will conduct a public hearing on the question of the
levy of the proposed annual assessment. The hearing will be held
at the San Jacinto Unified School District Board Room as 2045
South San Jacinto Avenue, San Jacinto, California.
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Section 6 The City Clerk shall give notice of the time and place of said hearing
by publishing a copy of this Resolution once in the Hemet News not
less than 10 days before the date of the hearing.
Section 7. This Resolution is adopted pursuant to Section 22622 of the Streets
and Highways Code.
APPROVED AND ADOPTED this r day of July, 2008, by the following vote:
Ayes: Carlson, Mansperger, Stubblefield, Ayres
Nays: None
Absent: None
Abstain: None
City of San Jacinto
1377 Ayr , Mayor
Attest:
D rothy L. Ch inard, City Clerk
APPROVED AS TO FORM:
Best, Best, and Krieger, LLP
ey, City 61rSan Jacinto
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