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HomeMy WebLinkAboutResolution - 2436 STATE OF CALIFORNIA ) RESOLUTION NO. 2436 .� COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 1 FOR FISCAL YEAR 2003-2004 AND GIVING NOTICE OF AND SETTING THE TIME AND PLACE OF THE HEARING ON THE LEVY OF THE PROPOSED ASSESSMENT WHEREAS, on June 16, 1992 the City Council of the City of San Jacinto, ("City") adopted Landscaping, Lighting and Park District No. 1 pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code (the "Act"), for the maintenance and servicing of street lights, landscaping, parkways and median islands; and WHEREAS, in November 1996 the voters of the State of California passed Proposition 218 which added Articles XIIIC and XIIID to the California Constitution requiring, among other things, new procedures for the approval of the levying of assessments against real property; and WHEREAS, Article XIIID of the California Constitution requires that assessments comply with stated procedural and approval provision by July 1, 1997, unless an assessment district meets certain exemptions as set forth in Section 5 of the Article which exemptions include the following: "(a) any assessment imposed exclusively to finance the capital costs or maintenance and operation expenses for sidewalks, streets, sewers, water, flood control, drainage system or vector control." "(b) any assessment imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment is initially imposed;" and WHEREAS, the District assessments proposed for the 2003-2004 Fiscal Year are exempt from Proposition ?1A hecause the assessments either general revenue for the operation and maintenance of street and highways, all expenditures there under qualifying as street maintenance as defined by the State of California or they were approved by petition of the property owners when the assessments were originally imposed; and Page 1 of 3 WHEREAS, the Act also requires that the City comply with certain procedural and approval procedures before levying its annual assessments under an existing assessment district; and WHEREAS, the adoption of this Resolution, among other things, is required in order to levy the proposed assessments for Fiscal Year 2003-2004 for the Dlstdct; and WHEREAS, by said Resolution the City Council ordered John Friedrich, RCE, the person designated by this Council as the Engineer of Work for the District to file a report with the City Clerk in accordance with the Act; and WHEREAS, Mr. Friedrich has filed such report with the City Clerk, and such report has been presented to and was considered by the City Council. NOW THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of San Jacinto, California as follows: Section 1. The City Council hereby declares that it is its intention to levy and collect assessments for the District during the Fiscal Year 2003-2004 pursuant to the Act. The area to be assessed is located in the City of San Jacinto, Riverside County, California. The boundaries of the District are described in Exhibit A attached hereto. Section 2. The purpose of the District is for maintenance and servicing of landscaping, irrigation, parkways, medians and street lighting. Section 3. The report filed by Mr. Friedrich which is on file with the City Clerk and which has been considered by the City Council at the meeting at which this Resolution has been adopted, is hereby accepted. All interested persons are referred to that report for a full and detailed description of the work, the boundaries of the proposed assessment district, and the proposed assessments upon assessable lots and parcels of land with the District. Section 4. The Fiscal Year 2003-2004 assessments in each benefit zone within Landscaping, Lighting and Park District No. 1 are the same as the Fiscal Year 2002-2003 assessments. Section 5. On Thursday, June 19, 2003, at the hour of 7:00 p.m, or as soon thereafter, during the course of its regularly scheduled meeting, the City Council will conduct a public hearing on the question of the levy of the proposed annual assessment. The hearing will be held at the San Jacinto Unified School District Board Room as 2045 South San Jacinto Avenue, San Jacinto, California. Section 6. The City Clerk shall give notice of the time and place of said 11%W hearing by publishing a copy of this Resolution once in the Hemet News not less Page 2 of 3 than 10 days before the date of the hearing. Section 7. This Resolution is adopted pursuant to Section 22622 of the Streets and Highways Code. APPROVED AND ADOPTED this 15th day of May, 2003, by the following vote: Ayes: Carlson-Buydos, Conner, Shaw, Stubblefield, Ayres Nays: None Absent: None Abstain: None City of San Jacinto Av� b Ayres ayor Attest: orothy L. ouinard, City Clerk 17 APPROVED AS TO FORM: Best, Best, and Krie er, LLP K y Attorney Page 3 of 3