HomeMy WebLinkAboutResolution - 2752 STATE OF CALIFORNIA ) RESOLUTION NO: 2752
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 2005-2006
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 2005-2006
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 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 2005-2006 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
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 2005-2006 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 Clerk 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 2005-2006 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 street lights, traffic signals, street trees, landscaping,
parkways, medianislands, drainage facilities, parks and
appurtenant improvements.
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 district, and the
proposed assessments upon assessable lots and parcels of
land with the District.
SECTION 4. The Fiscal Year 2005-2006 assessments in each benefit
zone within Landscaping, Lighting and Park District No. 2
are within the limits approved by petition of the property
owners when the assessments were originally imposed.
SECTION 5. On Thursday, June 16, 2005, at the hour of 7:00 p.m, or as
`` soon thereafter, during the course of its regularly scheduled
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meeting, the City Council will conduct a public hearing on
W the question of the levy of the proposed annual assessment.
The hearing will be held at the San Jacinto Unified School
District Board Room at 2045 South San Jacinto Avenue,
San Jacinto, California.
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
Press Enterprise not less than ten (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 2nd day of June, 2005 by the following vote:
Ayes: Ayres, Ritchie, Shaw, Stubblefield, Carlson-Buydos
Nays: None
Absent: None
Abstain: None
CITY OF SAN JACINTO
By.
Chris Carlson-Buydos, Mayor
ATTEST:
D othy L. ChoI
nard, City Clerk
APPROVED AS TO FORM:
y At ey, City of an Jacinto
Best, Best & Krieger, LLP
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