HomeMy WebLinkAboutResolution - 2711 STATE OF CALIFORNIA ) RESOLUTION NO. 2711
`•- COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO ]
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JACINTO, CALIFORNIA, DECLARING THE RESULTS OF THE
ASSESSMENT BALLOT TABULATION, FOR THE ANNEXATION OF
CERTAIN PROPERTY jKNOWN AS MERITAGE HOMES TRACTS 31296&
30942) TO ASSESSMENT DISTRICT NO. 2003-1 (AD 2003-1)PURSUANT
TO THE BENEFIT ASSESSMENT ACT OF 1982, ORDERING
MAINTENANCE WORK THEREIN AND CONFIRMING THE DIAGRAM AND
ASSESSMENT (AD 2003-1, ANNEXATION NO. 13)
WHEREAS, the CITY COUNCIL of the CITY OF SAN JACINTO, CALIFORNIA, has
initiated proceedings for the annexation of certain property into Assessment District 2003-
1 of and levy of the annual assessment in a special benefit district created pursuant to the
terms of the"Benefit Assessment Act of 1982", being Chapter 6.4 of Part 1 of Division 2 of
the Government Code of the State of California (the"Act"), Article XIIID of the Constitution
of the State of California ("Article XIIID") and the Proposition 218 Omnibus implementation
Act (Government Code Section 53750 and following) (the "Implementation Act") (the Act,
Article XIIID and the Implementation Act may be referred to collectively herein as the
"Assessment Lave'), (the "District"), and,
WHEREAS, at this time all notice and public hearing requirements relating to the
annexation of certain property into the District and the levy of the annual assessments
within the District have been met or duly waived, and,
WHEREAS, the City Council has received and preliminarily approved a reportfrom
the Assessment Engineer (the "Assessment Engineer's Report") and this City Council is
now satisfied with the assessment and diagram and all other matters as contained in the
Assessment Engineer's Report as now submitted for final consideration and approval.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San
Jacinto, California, as follows:
SECTION 1. Recitals. The above recitals are all true and correct.
SECTION 2. Procedures. This City Council hereby finds and determines
that the procedures for the consideration of the levy of the
assessments have been undertaken in accordance with the
Assessment Law.
\r•
Page 1 of 4
SECTION 3. Assessment Ballot Procedures. Assessment ballots were
�.- mailed as required by Assessment Law to the record owners of
all properties within proposed annexation area which are
proposed to be assessed. The assessment ballots that were
completed and received by the City Clerk prior to the close of
the public hearing have been tabulated in accordance with the
procedures established by Assessment Law and this City
Council and the results of such tabulation have been
submitted to this City Council.
This City Council hereby finds that the assessment ballots
submitted in favor of the levy of assessments as shown in the
Assessment Engineer's Report as weighted in accordance with
Assessment Law exceed the assessment ballots submitted in
opposition to such levy also as weighted in accordance with
Assessment Law. Therefore, no majority protest to the levy of
assessments within the District has been found to exist.
SECTION 4. Annexation to District. This City Council hereby orders the
annexation of the property listed in Exhibit "A" attached hereto
to the District.
SECTION 5. Determination and Confirmation. Based upon the Assessment
`. Engineer's Report and the testimony and other evidence
presented at the public hearing, the City Council hereby
makes the following determinations regarding the maximum
assessments proposed to be levied:
a_ The proportionate special benefit derived by
each individual parcel to be assessed has been
determined in relationship to the entirety of the
cost of the operations and maintenance
expenses.
b. The assessments will not exceed the reasonable
cost of the proportional special benefit conferred
on each parcel.
C. Only the special benefits will be assessed.
d. There are no parcels within the District that are
owned or used by a local government, the State
of California or the United States.
The maximum assessments as shown in the Assessment
Engineer's Report will be increased each Fiscal Year without
Page 2 of 4
further compliance with the assessment ballot procedures
�... required under the Assessment Law by the annual increase in
the Consumer Price Index (CPI), during the preceding year
ending in March, for All Urban Consumers for the Riverside
County area.
SECTION 6_ Ordering of Maintenance. The public interest and convenience
requires, and this legislative body does hereby order the
maintenance work to be made and perFormed as said
maintenance work is set forth in the Assessment Engineer's
Report and as previously declared and set forth in the
Resolution of Intention.
SECTION 7. Filing with City Clerk. The above-referenced diagram and
assessment shall be filed in the Office of the City Clerk. Said
diagram and assessment, and the certified copy thereof, shall
be open for public inspection.
SECTION B. Effective Date. This Resolution of Formation shall take effect
immediately upon its adoption.
Page 3 of 4
APPROVED, SIGNED AND ADOPTED at a Regular Meeting of the City Council of
`•• the City of San Jacinto on the 17"' day of March, 2005, by the following vote, to wit:
Ayes: Ritchie, Shaw, Carlson-Buydos
Nays: None
Absent Ayres, Stubblefield
Abstain: None
City of San Jacin!p
By'
Chris Carlson Bu`ydos, Mayor
ATTEST:
rothy L. Ch inard, City Clerk
APPROVED AS TO FORM:
y..
6ity A orney, City of San Jacinto
Best, Best & Krieger, LLP
Page 4 of 4
EXHIBIT A
».— CITY OF SAN JACINTO
ASSESSMENT DISTRICT NO. 2003-1
ANNEXATION NO. 13
NOTICE OF RECORDATION OF ASSESSMENT AND DIAGRAM
STATEMENT OF ASSESSMENT
NOTICE IS HEREBY GIVEN to all owners of real property liable to be assessed to
pay the costs and expenses of the sewer improvements to be constructed under
proceedings conducted by the CITY COUNCIL of the CITY OF SAN JACINTO,
CALIFORNIA, pursuant to the terms and provisions of the "Benefit Assessment Act of
1982", being Chapter 6.4 of Part 1 of Division 2 of the Government Code of the State of
California, for a special assessment district. said special assessment district known and
designated as Assessment District No. 2003-1 (the "Assessment District").
You are hereby notified that on March 18, 2005, the Assessment and Diagram to
pay the costs and expenses of said construction were recorded in my office. The
assessment will be collected on your property tax bill in annual installments beginning in
the 2005-2006 fiscal year. The maximum assessment amount for the 2005-2006 fiscal
year is as stated in this Notice.
DATED: April 12, 2005
D othy L. Cho hard, City Clerk
City of San Ja i to
State of Califo is
Identified Parcel: Confirmed assessment:
Assessment Number. 2003-1 For 2005-06 Fiscal Years
Assessor's Parcel Number(s): 431-160-001
431-1 fill-002
Inca Capital Fund 28, LLC
8501 N. Scottsdale Road
Scottsdale,CA 85253
Assessment: $22,360.39
Page A-1