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HomeMy WebLinkAboutResolution - 2636 STATE OF CALIFORNIA ) RESOLUTION NO. 2636 �. 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 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. 6) 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 Xtl ID 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 XIII❑ and the Implementation Act may be referred to collectively herein as the "Assessment Law"), (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 report from 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. SECTION 3: Assessment Ballot Procedures. Assessment ballots were mailed as required by Assessment Law to the record owners of S%N1 all properties within proposed annexation area which are proposed to be assessed. The assessment ballots that were '%W 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 asweighted in accordancewith 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 wil I 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 further compliance with the assessment ballot procedures required under the Assessment Law by the annual increase in L, the Consumer Price Index (CPI), during the preceding year Page 2 of 4 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 Citv Cleric. 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 8: Effective Date. This Resolution of Formation shall take effect immediately upon its adoption. APPROVED, SIGNED AND ADOPTED at a Regular Meeting of the City Council of the City of San Jacinto on the 4th day of November, 2004, by the following vote, to wit: rr. Ayes: Carlson-Buydos, Conner, Shaw, Stubblefield, Ayres Nays: None Absent: None Abstain: None City of San Jacinto By: Ayre ayor New Page 3 of 4 ATTEST: D rothy L. C uinard, City Clerk APPROVED AS TO FORM: IKZ' do-City Attorney, City of San Jacinto Best, Best & Krieger, LLP Page 4 of 4 CITY OF SAN JACINTO w. ASSESSMENT DISTRICT NO 2003-1 ANNEXATION NO. 6 NOTICE OF RECORDA FION 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 I 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 October 26, 2004, 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 2004-2005 fiscal year The maximum assessment amount for the 2004-2005 fiscal year is as stated in this Notice. DATED: November 4, 2004 D othv LYinto rd, City Clerk City of Sa State of California Parcel; Confirmed assessment: Assessm Identified Assessment Nnmbcr: 2003-1 Assessor's Parcel Number(s): 431-I90-066 431-180-061 43 l-1 RO-02 l 431-180-020 2004-2005 Fiscal Year Temecula Vallev, LLC Maximum Assessment: S 34,264.37 c/o Lennar Communities Inland 391 Main Street,Suite 301 Corona,CA 92880 Page 1 of 1