HomeMy WebLinkAboutResolution - 2287 RESOLUTION NO. 2287
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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
2001-2002 AND GIVING NOTICE OF AND SETTING THE TIME
AND PLACE OF THE HEARING ON THE LEVY OF THE
PROPOSED ASSESSMENT
THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA,
RESOLVES, DETERMINES AND ORDERS AS FOLLOWS:
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 XlIlD 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 2001-2002
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 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 2001-2002 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 2001-2002
pursuant to the Act. The area to be assessed is located in the City of San
lw- 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 2001-2002 assessments in each benefit
zone within Landscaping, Lighting and Park District No. 1 are the same as the
Fiscal Year 2000-2001 assessments.
SECTION S. On Thursday, July 5, 2001, 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 at 2045 South San Jacinto Avenue, San Jacinto, California.
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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 Hemet News 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 7th day of June, 2001, by the following
vote.
AYES: Ayres , Cari son-Buydos , Conner, Good, '41i Z 1 i ams
NOES: None
ABSENT: None
ABSTAIN: Nane
G 0 9
Patrick A. Williams, Mayor
ATTEST:
Susan Matthew, CMC, City Clerk
APPROVED AS TO FORM:
N
ity Attorney
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