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HomeMy WebLinkAboutResolution - 3280 STATE OF CALIFORNIA ) RESOLUTION NO. 3280 COUNTY OF RIVERSIDE )ss CITY OF SAN JACINTO ) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO CONFIRMING DIAGRAM AND ASSESSMENT FOR ASSESSMENT DISTRICT NO. 2003-1 FOR FISCAL YEAR 2009-2010 WHEREAS, on October 6, 2003, the City Council (the "City Council") of the City of San Jacinto (the "City') formed Assessment District No. 2003-1 (the "Assessment District") pursuant to the Benefits Assessment Act of 1982 (the "Act") to finance the maintenance of street, road and highway improvements through the levy of assessments therein; and WHEREAS, David Taussig & Associates, Inc., as assessment engineer for the Assessment District, has prepared an engineer's report for the Fiscal Year 2009- 2010 assessment levy (the "Engineer's Report"); WHEREAS, subsequent to the formation of the Assessment District, several properties under development were annexed to the Assessment District; WHEREAS, the City has determined that the Assessment District must commence the annual assessment levy in fiscal year 2009-2010 in order to maintain street, road and highway improvements within the Assessment District; and WHEREAS, the City Council now desires to levy the assessment in accordance with the Engineer's Report. 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: (i) the preceding recitals are correct; (ii) compliance has been had with all of the applicable requirements of the Act; (iii) a majority protest to the levy and collection of the proposed assessment has not been filed; (iv) 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; (v) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment District for the maintenance of streets, road and highways during fiscal year 2009-2010, as contained in the Engineer's Report 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 street, road and highway improvements; (vi) 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 of such street, road and highway improvements; (vii) such assessments do not exceed the reasonable cost of the proportional special benefit Page 1 of 3 conferred on each such lot and parcel; and (viii) 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. Levy of Assessment. Pursuant to the Act, the adoption of this resolution constitutes the levy of the assessment for the maintenance of street, road and highway improvements 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 shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment. PASSED, APPROVED AND ADOPTED this 2"d day of July, 2009 by the following vote: Ayes: Ayres, Di Memmo, Mansperger, Potts, Stubblefield Nays: None Absent: None Abstain: None n ' CI OF SAN JACINTO B y. 'r:•, ;�t ,,�' Dale Stubble field, yor ATTEST: Barry M lellan, City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP effr y S. Balling r, City Attorney Page 2 of 3 CERTIFICATION I, Barry McClellan, City Clerk of the City of San Jacinto, California, certify that the foregoing resolution was adopted by the City Council of the City of San Jacinto at its regular meeting held on the 2"d day of July, 2009. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Jacinto this 7t" day of July, 2009. Barry Mc Ilan, City Cie of the City of San Jacinto C� .e l� c., ,`r• Ci Page 3 of 3