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HomeMy WebLinkAboutResolution - 2477 STATE OF CALIFORNIA ) RESOLUTION NO. 2477 `,. COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, SETTING A PUBLIC HEARING AND PROVIDING FOR NOTICING AND BALLOTING FOR PURPOSES OF FORMING ASSESSMENT DISTRICT NO. 03-01 (AD# 03-01) PURSUANT TO BENEFIT ASSESSMENT ACT OF 1982 WHEREAS, pursuant to Section 54715 of the California Government Code, the legislative body of a local agency may by ordinance or resolution, adopted after notice and public hearing, determine and propose for adoption an annual assessment on each parcel of real property within the jurisdiction of the local agency; and WHEREAS, the City of San Jacinto ("City") may establish zones or areas of benefit within the City and may restrict the imposition of the assessments to areas lying within one or more of the zones or areas of benefit established within the City and the assessments may be levied on a parcel, class of improvement to property, or use of property basis, or a combination thereof, within the boundaries of the City, a zone, or an area of benefit; and WHEREAS, the City Council of the City of San Jacinto ("City Council") desires to initiate proceedings for the formation of a benefit assessment district for the annual levy and collection of assessments for the maintenance of streets, roads and highways within the City's boundaries; and WHEREAS, the City Council wishes to form a special benefit district pursuant to the Benefit Assessment District Act of 1982 (the "Act"), which district is to include all of the land described and shown on the map attached hereto as Exhibit "A" and incorporated by reference herein, for the purpose of annually levying assessments on all such land to pay the costs of street, road and highway maintenance within said district; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED determined and ordered by the City Council of the City of San Jacinto: SECTION 1. Incorporation of Recitals. The City Council hereby finds and determines that the Recitals of this Resolution are true and ..r Page 1 of 4 correct and are hereby incorporated into this Resolution as though fully set forth herein. SECTION 2. Public Hearing. A public hearing on the establishment of the proposed assessment district shall be held at 7:00 p.m. on November 5, 2003, in the San Jacinto Unified School District Board Room, 2045 South San Jacinto Avenue, San Jacinto, California. SECTION 3. Engineer's Report. The City Engineer is directed to prepare or cause to be prepared and filed with the City Clerk a detailed report by a registered professional engineer certified by the State of California regarding the proposed benefit assessment district and the assessments to be levied on the land therein to pay the estimated annual costs of the street, road and highway maintenance in accordance with Government Code section 54703 et seq., Government Code section 53753, and Article MID of the Constitution of the State of California. SECTION 4. Notice. The City Clerk shall provide notice of said hearing in accordance with Government Code section 6066 by publication once a week for two successive weeks prior to 1%W said hearing, by posting notice of said hearing in at least three (3) public places within the City prior to said hearing, and by providing notice to the owners of property within the proposed district in accordance with Government Code section 53750 et sec. by mailing, postage prepaid and deposited in the United States Postal Service. SECTION 5. Ballots. All affected record property owners shall be provided written ballots in accordance with Proposition 218 (Cal. Const., Art. XIIID) and the Proposition 218 Omnibus Implementation Act (Gov. Code, section 53750 et sec .), entitling said owners to vote for or against the subject assessments. SECTION 6. Protests. At said public hearing any and all interested persons shall be permitted to present written or oral testimony concerning the proposed assessments and the City Council shall, at said hearing, consider all objections or protests, if any, to the proposed assessments. SECTION 7. Ballot Tabulation. At the conclusion of said public hearing, the City Clerk shall tabulate the assessment ballots submitted, and not withdrawn, in support of or opposition to Page 2 of 4 the proposed assessments. Upon tabulation of said ballots, 14"W if the City Council determines that a majority protest does not exist for purposes Proposition 218 (Cal. Const., Art. XIIID) and the Proposition 218 Omnibus Implementation Act (Gov. Code, section 53750 et seq.), the City Council may then form the proposed assessment district. SECTION 8. Effective Date. This Resolution shall become effective upon its adoption. APPROVED and ADOPTED, this 2nd day of October, 2003, by the following vote: Ayes: Carlson-Buydos, Conner, Shaw, Stubblefield, Ayres Nays? None Absent: None Abstain: None City of San Jacinto (Z?. st, by Ayres ayor ATTEST: orothy Ch inard, City Clerk Page 3 of 4 EXHIBIT "A" PROPOSED DISTRICT BOUNDARY MAP Page 4 of 4 If SHEET 1 of 1 PROPOSED BOUNDARIES OF (1) Filed in the office of the City Clerk of the City of CITY OF SAN JACI NTO San Jacinto this_day of—.2003 COMMUNITY FACILITIES DISTRICT NO. 2003-1 COUNTY OF RIVERSIDE Dorothy Chouinard,San Jacinto City Clerk STATE OF CALIFORNIA Ramona Ezwy ,2a 1 hereby certify that the within reap showing the proposed boundaries of Community Facilities District No.2003-1. Riverside County, State of California,was (3) Filed this_day of ,2003, at the approved by the City Council at a regular meeting hour of o'clock_m,in Sock of o �Ovyo'd thereof,held on ti day of Maps of Assessment and Community Facilities Pv,� aeDy 2003,by its Resolution No. Districts at page and as Instrument w� No. in the office of the County Recorder of Riverside County,State of California. Pa Dorothy Chouinard,San Jacinto City Clerk Private Rd 0� o] Fee � m a Ito yti a = Bergin Sr V Ramona rrwy County Recorder of Rir,erside County �asinrn ' h m i3esenvo,ri �d'c Assessor Parcel Numbers ° sco st ---J Q aanst within the CFD Boundaries: G < ` 431 -050-018 431-050-024 < °> n n Artesia St 431 -160-006 ——T-- 431 - 160 007 i Y Cortonweod Ave each $t m 4 431 -160-008 0 J 431 -160-009 E Main St 434-160-009 m i l y � r r 7t5 Street Shaver St Old 2nd SE LEGEND E Bvens s' LL Reference is hereby made to �������� Boundaries of Community Esplanade Ave the Assessor mops of the r Facilities District No. 2003-1 N m County of Riverside for an _. ¢ Waterway v exact description of the o COmmonwealh Ave lines and dimensions of `m each lot and porcel. �