HomeMy WebLinkAboutResolution - 2448 STATE OF CALIFORNIA ) RESOLUTION NO: 2448
~� 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. 2 FOR FISCAL YEAR 2003-2004 ACCEPTING
THE ENGINEER'S REPORT AND GIVING NOTICE OF AND SETTING
THE TIME AND PLACE OF THE HEARING ON THE LEVY OF THE
PROPOSED ASSESSMENT
WHEREAS, on April 4, 2002 the City Council of the City of San Jacinto, ("City")
adopted Landscaping, Lighting and Park District No. 2 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, traffic signals, street trees,
landscaping, parkways, median islands,drainage facilities, parks and appurtenant
improvements; 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 provisions 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 218 because the assessments either generate revenue for
the operation and maintenance of streets and highways, all expenditures thereunder
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
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WHEREAS, the Act also requires that the City comply with certain procedural
r.- 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 District; 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
street lights, traffic signals, street trees, landscaping, parkways,
medianislands, drainage facilities, parks and appurtenant
improvements.
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. 2 are within the
limits approved by petition of the property owners when the
assessments were originally imposed.
SECTION 5.On Thursday, August 7, 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
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San Jacinto Unified School District Board Room at 2045 South San
.r.. Jacinto Avenue, San Jacinto, California.
SECTION 6. The City Clerk shall give notice of the time and place of said
hearing by publishing a copy of this Resolution once in the Press
Fnterprise not less than ten (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 24th day of July, 2003, by the following vote:
Ayes: Carlson-Buydos, Conner, Shaw, Stubblefield, Ayres
Nays: None
Absent: None
Abstain; None
City of San Jacinto
►,,, by Ayres, yor
ATTEST:
orothy L houinard, City Clerk
APPROVED AS TO FORM:
John E. Brown, City Attorney
Best Best & Krieger LLP
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