HomeMy WebLinkAboutResolution - 2449 STATE OF CALIFORNIA) RESOLUTION NO. 2449
COUNTY OF RIVERSIDE)ss
CITY OF SAN JACINTO )
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JACINTO. CALIFORNIA, CONFIRMING A DIAGRAM AND
ASSESSMENT AND LEVYING THE ASSESSMENT FOR
LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 FOR
FISCAL YEAR 2003-2004
WHEREAS, the City Council of the City of Jacinto has initiated
proceedings for the levy and collection of assessments for Fiscal Year 2003-
2004 for Landscaping, Lighting and Park District No.2 pursuant to the provisions
of the Landscaping and Lighting Act of 1972, Division 15 of the Streets and
Highways Code of the State of California for the maintenance of landscaped
areas, street lights and public parks; and
WHEREAS, the City Council has ordered the filing of an Engineer's
Report with the City Clerk, a report pursuant to law for the City Council's
consideration and subsequently thereto the City Council adopted its Resolution
of Intention approving the Engineer's Report, and declaring the intention of the
City Council to order the levy and collection of assessments to pay the costs and
expenses of maintaining the landscaped areas, street lights and public parks in
the District for the fiscal year commencing July 1, 2003 and ending June 30,
2004; 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 read property; and
WHEREAS, Article XIIID of the California Constitution requires that
assessments comply with state procedural and approval provisions by July 1,
1997, unless and 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 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 there under qualifying as street maintenance as defined by the
State of California or the assessments were approved by the property owners at
the time they were originally imposed; and
WHEREAS, the adoption of this Resolution, among other things, is
required to levy the proposed assessment for Fiscal Year 2003-2004 for the
District;
NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the
City Council of the City of San Jacinto, as follows:
SECTION 1: Following notice duly given by publication, the City Council
has held a public hearing regarding the levy of the proposed
assessment within the District for the Fiscal Year
commencing July 1, 2003 and ending June 30. 2004 to pay
for the costs and expenses of maintenance and servicing of
street lights, traffic signals, street trees, landscaping,
parkways, median islands, drainage facilities, parks and
appurtenant improvements installed and constructed within
the District. All interested persons were afforded the
opportunity to hear and be heard regarding protests and
objections have been considered by the City Council.
SECTION 2: The City Council hereby confirms the diagram and
assessment set forth in the Engineer's Report for Fiscal Year
2003-2004 and orders the maintenance and servicing of the
public landscaped improvements, street lights and parks
installed and constructed in the District.
SECTION 3: The adoption of this resolution constitutes the levy of an
assessment for the Fiscal Year commencing July 1, 2003
and ending June 30, 2004. Said assessment is levied
without regard to property valuation.
SECTION 4: The maintenance and servicing of the public landscaped
areas, street lights and parks shall be performed pursuant to
law and the County Auditor of Riverside County shall enter
on the County Assessment Roll opposite each lot or parcel
of land the amount of the assessment and such assessment
shall then be collected at the same time and in the same
manner as the County real property taxes are collected.
After collection by the County, the net amount of the
assessments shall be paid to the City Treasurer,
SECTION 5: The City Treasurer shall deposit all moneys representing
assessments collected by the County to the credit of a
special fund known as Landscaping, Lighting and Park
District No. 2 Fund,
SECTION 6: The City Clerk is hereby authorized and directed to file the
assessment with the County Auditor, together with a certified
copy of this Resolution upon its adoption.
SECTION 7: A certified copy of the assessment diagram shall be filed in
the office of the City Clerk and open for public inspection.
APPROVED AND ADOPTED this 7t" day of August 2003 by the
following vote:
Ayes: Conner, Shaw, Stubblefield, Ayres
Nays: None
Absent: Carlson-Buydos
Abstain: None
City of San Jacinto
<�- 41 ' -
JimtAres, M or
ATTEST:
rothy L. houinard, Ci#y Clerk