HomeMy WebLinkAboutResolution - 2756 STATE OF CALIFORNIA ) RESOLUTION NO. 2756
COUNTY OF RIVERSIDE)ss
CITY OF SAN JACINTO )
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JACINTO, CALIFORNIA, CONFIRMING A DIAGRAM AND
ASSESSMENT AND LEVYING THE ASSESSMENT FOR
LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 (LLPD NO. 2)
FOR FISCAL YEAR 2005-2006 (FY 2005-2006 ANNUAL LEVY — LLPD
#2)
WHEREAS, the City Council of the City of Jacinto has initiated proceedings for
the levy and collection of assessments for Fiscal Year 2005-2006 for Landscaping,
Lighting and Park District No.2 pursuant to the provisions of the Landscaping and
Lighting Act of 1972, Division 15 of the Streets and Highways Code of the State of
California for the maintenance of landscaped areas, street lights and public parks; and
WHEREAS, the City Council has ordered the filing of an Engineer's Report with
the City Clerk, a report pursuant to law for the City Council's consideration and
subsequently thereto the City Council adopted its Resolution of Intention approving the
Engineer's Report, and declaring the intention of the City Council to order the levy and
collection of assessments to pay the costs and expenses of maintaining the landscaped
areas, street lights and public parks in the District for the fiscal year commencing July 1,
2005 and ending June 30, 2006; 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 read property; and
WHEREAS, Article XIIID of the California Constitution requires that assessments
comply with state procedural and approval provisions by July 1, 1997, unless and
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 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
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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 there under
qualifying as street maintenance as defined by the State of California or the
assessments were approved by the property owners at the time they were originally
imposed, and
WHEREAS, the adoption of this Resolution, among other things, is required to
levy the proposed assessment for Fiscal Year 2005-2006 for the District;
NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City
Council of the City of San Jacinto, as follows:
SECTION 1: Following notice duly given by publication, the City Council
has held a public hearing regarding the levy of the proposed
assessment within the District for the Fiscal Year
commencing July 1, 2005 and ending June 30, 2006 to pay
for the costs and expenses of maintaining and servicing the
public landscaped improvements, street lights and parks
installed and constructed within the District. All interested
persons were afforded the opportunity to hear and be heard
regarding protests and objections have been considered by
the City Council.
SECTION 2: The City Council hereby confirms the diagram and
assessment set forth in the Engineer's Report for Fiscal Year
2005-2006 and orders the maintenance and servicing of the
public landscaped improvements, street lights and parks
installed and constructed in the District.
SECTION 3; The adoption of this resolution constitutes the levy of an
assessment for the Fiscal Year commencing July 1, 2005
and ending June 30, 2006. Said assessment is levied
without regard to property valuation.
SECTION 4. The maintenance and servicing of the public landscaped
areas, street lights and parks shall be performed pursuant to
law and the County Auditor of Riverside County shall enter
on the County Assessment Roll opposite each lot or parcel
of land the amount of the assessment and such assessment
shall then be collected at the same time and in the same
manner as the County taxes are collected. After collection
by the County, the net amount of the assessments shall be
paid to the City Treasurer,
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I,. SECTION 5: The City Treasurer shall deposit all moneys representing
assessments collected by the County to the credit of a
special fund known as Landscaping, Lighting and Park
District No. 2 Fund.
SECTION 6: The City Clerk is hereby authorized and directed to file the
assessment with the County Auditor, together with a certified
copy of this Resolution upon its adoption.
SECTION 7: A certified copy of the assessment diagram shall be filed in
the office of the City Clerk and open for public inspection.
APPROVED AND ADOPTED this 161h day of June 2005 by the following vote:
Ayes: Ayres, Ritchie, Shaw, Stubblefield
Nays: None
Absent: Carlson-Buydos
Abstain: None
City of San Jacinto
B y,
Chas on-Buydos, Mayor
ATTEST:
+.�
rothy L. Cho nard, City Clerk
APPROVED AS TO FORM:
Gify Atf6fney, City of San Jacinto
Best, Best & Krieger, LLP
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