HomeMy WebLinkAboutResolution - 2529 STATE OF CALIFORNIA ) RESOLUTION NO, 2529
�.• COUNTY OF RIVERSIDE )ss
CITY OF SAN JACINTO )
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JACINTO ORDERING THE ANNEXATION OF TERRITORY TO
LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 (LLPD
#2) AND LEVYING ASSESSMENTS FOR FISCAL YEAR 2004-05
(ANNEXATION NO. 17 TO LLPD #2)
WHEREAS; on April 1, 2004, the City Council ("City Council") of the City of San
Jacinto ("City") adopted Resolution No. 2528 declaring its intention to annex certain
territory to Landscaping, Lighting and Park District No. 2 ("Assessment District"), which
was designated for purposes of such proceedings as "Annexation No. 17" and "Zone
17," and scheduling a public hearing thereon, and
WHEREAS, by Resolution No. 2527, the City Council approved the report of
GFB-Friedrich and Associates, Inc., the Engineer of Record ('Report") which contained,
among other matters, the proposed assessments to be levied for fiscal year 2004-05
upon assessable lots and parcels of land within the territory which comprises
Annexation No. 17 to and Zone 17 of the Assessment District; and
WHEREAS, pursuant to Section 53753 of the Government Code, by Resolution
No. 2528, the City Council directed the City Clerk ("City Clerk") to cause notice of the
proposed annexation and the proposed assessments and of the time and place of the
public hearing thereon to be mailed to the record owner of each parcel of property
identified in the Report and further directed that each such mailed notice contain an
assessment ballot upon which the property owner could indicate his or her support or
opposition to the proposed assessments, and
WHEREAS, the City Council has conducted the public hearing with respect to
the annexation of the territory proposed to be annexed to the Assessment District and
has received a report from the City Clerk regarding the tabulation of the assessment
ballots submitted, and not withdrawn, in support of or opposition to the proposed
assessments advising that the ballots which were received were voted in favor of the
proposed assessments and that a majority protest does not therefore exist, and
WHEREAS, by Resolution No. 2528, the City Council determined that upon the
annexation of such property to the Assessment District it should be detached from
Landscaping, Lighting and Park District No. 1 to the extent the assessments levied
thereby finance the same improvements provided for by the Assessment District.
NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City
Council of the City of San Jacinto as follows:
SECTION 1. Findings. The findings recited in the preceding paragraphs
`. are true and correct.
SECTION 2. Assessment District. The Assessment District is
Landscaping, Lighting and Park District No. 2 of the City of
San Jacinto. The territory which is proposed to be annexed
to the Assessment District and which comprises Annexation
No_ 17 is described in the Report and includes all of the
property which is within and subject to Tract No. 29992 in
the County of Riverside and generally located on the North
side of Evans Street at Katrina Way between Hewitt Avenue
and Las Rosas Drive in the City of San Jacinto, County of
Riverside
SECTION 3. Improvements. The improvements within and for the
Assessment District and which shall be provided for Zone 17
of the Assessment District through the assessments levied
annually on property therein shall include the following:
(a) the installation or construction of public lighting,
facilities, including, but not limited to, street lights;
(b) the installation or planting of landscaping, including,
but not limited to, street trees, parkways, and median
islands,
(c) the installation or construction of park or recreational
facilities;
(d) the installation or construction of any facilities which
are appurtenant to any improvements listed in (a)
through (d) or which are necessary or convenient for
the maintenance or servicing thereof including, but
not limited to, irrigation, drainage, and electrical
facilities; and
(e) the maintenance and servicing of any of the
foregoing.
SECTION 4. Annexation; Designation of Zone; Detachment_ The territory
comprising Annexation No. 17, as described in Section 2
hereof, is annexed to Landscaping, Lighting and Park District
No. 2 of the City of San Jacinto. The diagram of the
Assessment District, as modified to include Annexation No
17 and as contained in the Report, is confirmed. Such
annexed territory is designated as Zone 17 of the
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Assessment District. The territory comprising Annexation No.
17 and Zone 17 of the Assessment District shall be and is
detached from Landscaping, Lighting and Park District No. 1
of the City of San Jacinto.
SECTION 5. Levy of Assessments; Annual Increases; Duration. The
assessments proposed to be levied on the lots and parcels
within Zone 17 of the Assessment District for fiscal year
2004-05 in the amounts set forth in the Report and in the
assessment ballot mailed to and returned by the owners of
the property comprising Annexation No. 17 shall be and are
confirmed and levied. Pursuant to Section 6 of Resolution
No. 2526, and as specified in such ballot, the annual amount
of the assessment to be levied on each parcel of property in
Zone 17 of the Assessment District shall be subject to an
annual adjustment or increase in an amount equal to the
percentage increase in the Consumer Price Index-All Urban
Consumers for Los Angeles - Anaheim - Riverside Area;
provided, however, that the amount of the assessment to be
levied on any parcel in any fiscal year shall not be increased
by more than seven and one-half percent (7.5%) and the
amount of the assessment to be levied on any parcel in any
fiscal year shall not, in any event, exceed the actual total
�,. cost of the proportional special benefit conferred on that
parcel. The assessments shall be levied annually on
assessable lots and parcels of property in Zone 17 so long
as the assessments are necessary to finance the cost of the
operation, maintenance and servicing of the improvements
specified in Section 3 within and for Zone 17.
SECTION 6. Filing With the County Auditor. The City Clerk shall cause
the diagram and assessment as confirmed and levied
hereby to be filed with the County Auditor of the County of
Riverside as required by Section 22641 of the Streets and
Highways Code.
SECTION 7. That the Mayor shall sign this Resolution and the City Clerk
shall attest and certify to the passage and adoption thereof-
"W.,
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ADOPTED, SIGNED AND APPROVED this 1st day of April, 2004_
City of San Jacinto
< 2- Z��'
By Ayres, ayor
ATTEST
Elorothy L- C uinard, City Clerk
APPRQ�VED FORM:
C y�
John E. Brown, City Attorney
Best Best & Krieger LLP
CERTIFICATION
I, Dorothy Chouinard, City Clerk of the City of San Jacinto, do hereby certify that the
foregoing Resolution was passed, adopted and approved at a regular meeting of the
City Council of the City of San Jacinto held on the 1st day of April, 2004, by the
following vote:
AYES' Carlsor-Quydos, Conner, Shaw, Stubblefield, Ayres
NAYS: None
ABSENT: None
ABSTAINED- None
WITNESS MY HAND AND OFFICIAL SEAL this 1st day of April , 2004.
o � c�c�rrccl
D rothy L. Ch V
hard, City Clerk
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