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HomeMy WebLinkAboutResolution - 2406 STATE OF CALIFORNIA ) RESOLUTION NO. 2406 COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO ORDERING THE ANNEXATION OF TERRITORY TO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 AND LEVYING ASSESSMENTS (ANNEXATION NO. 2) WHEREAS, on December 16, 2002, the City Council ("City Council") of the City of San Jacinto ("City") adopted Resolution No.2400 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. 2" and "Zone 3,"and scheduling a public hearing thereon; and WHEREAS, by Resolution No. 2399, 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 2003-04 upon assessable lots and parcels of land within the territory which comprises Annexation No. 2 to and Zone 3 of the Assessment District; and WHEREAS, pursuant to Section 53753 of the Government Code, by Resolution No. 2400, 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and has received a report from the City Clerk regarding the tabulation of the assessment ballots submitted, and not withdrawn, in support of or opposition to the proposed assessments advising that the ballots which were received were voted in favor of the proposed assessments and that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. 2400, 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. Olin N(J..IR�114 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. 2 is described in the Report and includes all of the property which is within and subject to Tract No. 30335 in the County of Riverside and generally located at the northeast corner of Cottonwood Avenue and Kirby Street 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 3 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, streetlights and traffic signals; (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. 2, 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. 2 and as contained in the Report, is confirmed. Such annexed territory is designated as Zone 3 of the Assessment District. The territory comprising Annexation No. 2 and Zone 3 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 3 of the Assessment District for fiscal year 2003-04 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. 2 shall be and are confirmed and levied. Pursuant to Section 5 of Resolution No. 2400, and as specified in such ballot, the annual amount of the assessment to be levied on each parcel of property in Zone 3 of the Assessment District shall be subject to an annual adjustment or increase in an amount equal to the `%W 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 3 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 3. 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. PASSED, APPROVED and ADOPTED, this 9th day of January 2003, by the San Jacinto City Council by the foilowing vote: Ayes: Carlson-Buydos, Stubblefield, Ayres Nays: None Absent: Conner, Shaw Abstain: None City of San Jacinto �r Jim Ayr Mayor ATTEST: l orothy L. C ouinard, City Clerk City of San 9acinto AP OVEDTll AS TO FORM: }� City Attorney, City of San Jacinto GRAN(iG]R.7591 CERTIFICATION I, Dorothy Chouinard, City Clerk of the City of San Jacinto, do hereby certify that the foregoing Resolution No. 2406 was passed, adopted and approved at a regular meeting of the City Council of the City of San Jacinto held on the 9t' day of January 2003, by the following vote: Ayes: Carlson-Buydos, Stubblefield, Ayres Nays: None Absent: Conner, Shaw Abstain: None WITNESS MY HAND AND OFFICIAL SEAL this 10th day of January, 2003. orothy L. 1-14ouinard, City Clerk r.- r1 nANGr. P ;;:,I