HomeMy WebLinkAboutResolution - 98-29 RESOLUTION NO. 98-29
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JACINTO. CALIFORNIA, MAKING FINDINGS AND RECONFIRMING
THE ESTABLISHMENT AND SETTING OF RATES FOR COUNTY
SERVICES AREA 152-SAN JACINTO TO FUND THE CITY'S
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
(NPDES) PERMIT IN ORDER TO OPERATE AND MAINTAIN THE
CITY'S DRAINAGE AND FLOOD CONTROL. SYSTEMS
WHEREAS, The County of Riverside, by its Resolution No, 94-41 1 adopted December
6, 1994, annexed the City of San Jacinto to its County Service Area(CSA) - 152 at the City's
request in order to partially fund the costs of maintaining;and operating the City's streets. catch
basins and drainage systems under its joint National Pollutant Discharge Elimination System
(NPDES)pen-nit(the "Permit"). and
WHEREAS, the City by its Resolution No. 95-16, adopted on March 21, 1995, approved
the funding of the City's responsibilities under the NPDES Permit in order to remain in
compliance with the Permit. and
WHEREAS, the City is a co-permittee of Permit NPDES No. CSA-619033 with the
County of Riverside and the incorporated cities therein; and
WHEREAS, The City must have a valid NPDES Permit in order to discharge runoff
from properties within the boundaries of the City through the storm drain and flood control
channels and through Riverside County channels into the Santa Ana River; and
WHEREAS, the City uses revenues from the CSA-152 San Jacinto assessments solely
for the purpose of maintaining and operating the City's streets. catch basins and drainage
systems, including complying with the Permit.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SAN JACINTO, AS FOLLOWS:
. The City Council hereby finds and determines that each and every recital set forth
is true and correct.
2. Based upon the facts set forth herein, the City Council finds that CSA-152-San
Jacinto charges are assessments that confer benefits upon each parcel of property subject to the
assessments. These assessments were imposed on properties with the City in 1994. Pursuant to
Section 5(a) of Article XIID of the California Constitution, the CSA-l52-San Jacinto
assessments are exempt 6 om the procedures and approval process of Section 4 of Article XIIID
of the California Constitution because CSA-152-San Jacinto assessments are imposed
exclusively to finance the capital costs and maintenance and operation expenses for street
sweeping and catch basin maintenance in the City.
3. The City Council hereby reaffirms its adoption of the annual assessment for CSA-
152 as adopted by Resolution No. 95-16 and hereby determines the atmual assessment rate for
fiscal year 1998-99 for CSA-152-San Jacinto is hereby set at $4.26 per benefit assessment unit.
4. The City Council hereby authorizes the County of Riverside to levy assessments
under CSA-152-San Jacinto for the benefit of the City. Tlie City agrees that it shall indemnify,
defend and hold harmiess the County and members of its Board and its officers, employees and
agents from any and all actions, claims damages, penalties, obligations or liabilities that may be
assented or claimed by any person, firm, entity, corporation, political subdivision or other
organization arising out of or in connection with the County's collection or allocation of
assessments under CSA-152-San Jacinto collected or allocated to the City, but excluding such
actions, claims, penalties, obligations or liabilities arising from the sole negligence or willful
misconduct of the County, members of its Board and its officers, employees and agents in
connection therewith:
a. The City will defend with legal counsel and action or actions filed in connection
with any of said claims, damages, penalties, obligations or liabilities and will pay
all costs and expenses, including attorneys' fees incurred in connection therewith;
and
b. City will promptly pay any judgement rendered against the County covering such
claims, damages, penalties, obligations and liabilities mentioned hereunder so
long as the County provides the City with prompt written notice of the filing of
such claims and cooperates in good faith with the City in defending the City.
APPROVED AND ADOPTED this 4th day of June, 1998.
AYES: Councilmembers Conner, Cornett and Gooq ABSENT: Councilmember Williams
CNOES: Nane ABSTAIN: None Mayor edley' .� -
Mavor
ATTEST:
City CIerk
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