HomeMy WebLinkAboutResolution - 3279 STATE OF CALIFORNIA ) RESOLUTION NO. 3279
COUNTY OF RIVERSIDE )ss
CITY OF SAN JACINTO )
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JACINTO CONFIRMING DIAGRAM AND ASSESSMENT FOR LLPD 2
FOR FISCAL YEAR 2009-2010 (LLPD 2 FY 2009-2010 LEVY)
WHEREAS, on June 18, 2009, the City Council ("City Council") of the City of San
Jacinto ("City') adopted Resolution No. a resolution of intention pursuant to Section
22624 of the Streets and Highways Code, which, among other things, scheduled a
public hearing on the levy and collection of assessments on the lots and parcels of
assessable property within Landscaping, Lighting and Park District No. 2 of the City of
San Jacinto ("Assessment District") for fiscal year 2009-10 pursuant to the Landscaping
and Lighting Act of 1972, Part 2 (commencing with Section 22500) of Division 15 of the
Streets and Highways Code (the "Act") for 7:00 o'clock p.m. on July 2, 2009, at the San
Jacinto Unified School District Board Room at 2045 South San Jacinto Avenue, San
Jacinto, California; and
WHEREAS, notice of said hearing was duly published as required by Sections
22552 and 22553 of said Code; and
WHEREAS, at the time and place of said hearing, as set forth in said resolution
of intention, the City Council held the hearing and afforded all interested persons an
opportunity to be heard, and considered all oral statements and all written protests or
communications made or filed by any interested persons, and at the conclusion of said
hearing determined that a majority protest, to wit: written protests filed and not
withdrawn by property owners owning more than 50 percent of the area of assessable
land within the Assessment District, had not been received.
NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City
Council of the City of San Jacinto as follows:
SECTION 1. Findings. The City Council finds that:
(a) The foregoing recitals are true and correct;
(b) All of the applicable requirements of the Act have been
satisfied;
(c) A majority protest to the levy and collection of the proposed
assessment has not been filed;
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(d) The City Council may therefore proceed to confirm the
diagram and assessment for the Assessment District for
fiscal year 2009-2010, and order the levy and collection of
the assessment;
(e) The assessments proposed to be levied on the lots and
parcels of assessable property within the Assessment
District for the maintenance and servicing of public street
lighting, traffic signals and appurtenant facilities during fiscal
year 2009-2010, as contained in the report of GFB -
Friedrich and Associates Inc. on file with the City Clerk (the
'Report"), are based on the proportionate special benefit
derived by such lots and parcels from the availability of such
public street lighting, traffic signals and appurtenant facilities;
(f) the proportionate special benefit derived by each such lot or
parcel has been determined in relationship to the entirety of
the cost of the maintenance and servicing of such public
street lighting, traffic signals and appurtenant facilities;
(g) such assessments do not exceed the reasonable cost of the
proportional special benefit conferred on each such lot and
parcel; and
(h) such assessments will not exceed the maximum amounts of
the assessments authorized by a vote of the property
owners in the Assessment District.
SECTION 2. Lew of Assessment.
Pursuant to Section 22631 of the Streets and Highways Code, the
adoption of this resolution constitutes the levy of the assessment
for the maintenance and servicing of public street lighting, traffic
signals and appurtenant facilities within the Assessment District
during fiscal year 2009-2010, as contained in the Report, and such
assessment is hereby levied. The City Clerk is directed to file a
certified copy of this resolution together with the diagram and
assessment contained in the Report with the County Auditor of the
County of Riverside, who, pursuant to Section 22645 of the Streets
and Highways Code, shall enter on the County Assessment Roll
opposite each lot or parcel of land the amount assessed thereupon,
as shown in said assessment.
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PASSED, APPROVED AND ADOPTED this 2nd day of July, 2009 by the
following vote:
Ayes: Ayres, Di Memmo, Mansperger, Potts, Stubblefield
Nays; None
Absent: None
Abstain: None
G1 `' CITY OF SAN JACINTO:
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ATTEST:
Barry ellan, City Clerk
APPROVED AS TO FORM:
Best Best & Krieger, LLP
eff ey S. Ballin er, City Attorney
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