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HomeMy WebLinkAboutResolution - 2605 STATE OF CALIFORNIA ) RESOLUTION NO. 2605 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. 4) 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 6A 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 Laws'), (the "District"), and, w"W 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. 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 further compliance with the assessment ballot procedures required under the Assessment Law by the annual increase in w. the Consumer Price Index (CPI), during the preceding year Page 2 of 4 ending in March, for All Urban Consumers for the Riverside 11W 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 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 71h day of October, 2004, by the following vote; to wit: r... Ayes- Carlson-Buydos, Conner, Shaw, Stubblefield, Ayres Nays: None Absent: None Abstain: None City of San Jacinto By: im Ayref Mayor w.. Page 3 of 4 ATTEST: rothy L. 7'uinard, City Clerk APPROVED AS TO FORM: N City Attorney, City of San Jacinto Best, Best & Krieger, LLP Page 4 of 4 CITY OF SAN JACINTO ASSESSMENT DISTRICT NO. 2003-1 NOTICE OF RECORDATION OF ASSESSMENT AND DIAGRAM STA I EMLNT OF ASSESSMENT NOTICE IS HEREBY GIVEN to all owners of real property liable to be assessed to paythe 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 l of Division 2 ofthe Government Code of the State of California,for a special assessment district, said special assessment district known and designated as Assessment District No. 2003-l (the "Assessment District")- You are hereby notified that on October 1, 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: October 7, 2004 ��' Do thy L. Che� City Clerk City of San Jac State of California IdentifiW Parccl; Confirmed assessment: Assessment Number, 2003-1 Assessor's Pared Number, 431-030-014 431-030-032 431-030-033 A.C. Ramona,LLC 2004-2005 Fiscal Year c/o Shirley Ashnell Maximum Assessment: S 51,137.72 3184-11 Airway Avcnuc Costa Mesa,CA 92626 r. Page 1 of 1 EXHIBIT A h1 SHEET 1 OF 2 PROPOSED BOUNDARY MAP ANNEXATION NO. 4 TO ASSESSMENT DISTRICT NO. 2003-1 CITY OF SAN JACINTO COUNTY OF RIVERSIDE STATE OF CALIFORNIA Reference is hereby made to that certain map entitled "Assessment Diagram,Assessment it) Filed in the office of the City Clerk of the City of San District No. 2003-1,City of San Jacinto, County of Riverside, Stale of California,"fled the ,Jacinto this—it day of mow.2004. 23nd day of December,2003, at the hour of 8 o'clock a.m. in Book 55 at page 64, and as instrument number 2003-99a200 in the office of the County Recorder of the County of 7 p! f Riverside, State of California,which this Annexation Diagram affects. iA9110 tlflD f�11 - Dor by L.C ouinard,San Jacir.to City Clark VICINITY MAP (2) 1 hereby certify that the within map showing the proposed boundaries of Annexation No,4 to Assessment District No, 2003-1, City of San Jacinto, Riverside County, State of BkRQi California,was approved by the City Council at a regular I a o q A e7JA meeting thereof,held on this [rot, day of Snpramlxr. , seesneetz ; 2004,by tfs Resolution No. Moog N Do thy L.C uinard,San Jacinto City Clerk C077UNYlooO ST. _ - ¢ O a MAI Sr.. �P�° q ro (3) Filed this day of (�oylmtxf 2004,al the hour of 6 o'clock stv vrrt sr '- q Vim,in Book_ M_of h1aps of Assessment and Community Facilities Districts at page Ste- 5t and as Instrument No. Mg-D93Z5V in a a A A the office of the County Recorder of Riverside County, Slate of California. H - K Gary L.Ofso } o rrao sac AVE I Assessor-County Clerk-Recorder of Riverside Courty FJiri7N AV �c FRURVAiE AVE. ti qyF. Deputy -- h Fee o� ^-. Prepared by David Tcussiq & Assoclaker , Exempt recording requested,per CA Government Code.§6,103 SHEET 1 OF 2 PROPOSED BOUNDARY MAP ANNEXATION NO, 4 TO ASSESSMENT DISTRICT NO. 2003-1 CITY OF SAN JACINTO COUNTY OF RIVERS[DE STATE OF CALIFORNIA Reference is hereby made to that certain map entitled"Assessment Diagram, Assessment (11 Filed in the office of the City Clerk of the City of San District No. 2003-1, City of San Jacinto, County of Riverside, State of California," filed the Jacinto this "� 23nd day of December, 2003, at the hour of 8 o'clock a.m. In Book 55 at page 64,and as day of �«+ 2004. instrument number 2003-988200 in the office of the County Retarder of the County of -� /f l gy Riverside, State of Caiifomia,which this Annexation Diagram affects. Alta VfYD 1 ap - Dor by L.C ouinerd,San Jacinto City Clerk yq VICINITY MAP (2) I hereby certify that the within map showing the proposed r, boundaries of Annexation No.4 to Assessment District No, 2003-1,City of San Jacinto,Riverside County,Static of UERc1 Cafifomia,was approved by the City Council at a regular m a pFw�, FIAMOMAEx'"' .. meeting thereof,held on this _Iblff' day of 5aptgm1xr , 4 seeshc.,t2 ; �40� 9 2004,by cs Resolution No. 2b0Z s~ti S Da(6thy L.C uinard,San Jacinto City Clerk .^.OTTONWOPD ST. ¢ 6 °barb fi° g 4 aP�o r�Ar sr t3) Filed this�day of 9r M4(. 2004,at the hour of B o'cleck SEVENM sr. - - ` m Am,in Book �9 of Maps of Assessment and Community Facilities o 6 Districts at page ate• and as Instrument No. -0309f in a NA E AVE y the office of the County Redorder of Riverside County,Slate of California. x y Gary L.Orso m 12 caar�ro Ea AVH Assessor-County Clerk-Recorder of Riverside County lA u EATON AVE, FRWTVA E VE_ ram_ p 9 By avF Deputy Fee a� Prepored by David Teussi & A„ociures, Inc. Exempt recording requested, per CA Government Code§6103