HomeMy WebLinkAboutResolution - 98-30 RESOLUTION NO. 9�3-3W
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 1998-99 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 M11C and XIIID to the California Constitution requiring,
among other things, new procedures for the approval of the levying of assessments against real
property; and
WHEREAS,Article X1IID 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 1998-99 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
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
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WHEREAS,the adoption of this Resolution,among other things, is required in order
to levy the proposed assessments for Fiscal Year 1998-99 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
WFIEREAS,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 t. The City Council hereby declares that it is its intention to levy and collect
assessments for The District during the Fiscal Year 1998-99 pursuant to the Act. The area to be
assessed is located in the City of San 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 1998-99 assessments in each benefit zone within
Landscaping,Lighting and Park District No. 1 are the same as the Fiscal Year 1997-98 assessments.
SECTION 5. On Thursday, July 16, 1998, at the hour of 6:00 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 City
Council Chamber at 625 South Pico Avenue, San Jacinto, California.
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.
THIS AREA INTENTIONALLY LEFT BLANK
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SECTION 7. This Resolution is adopted pursuant to Section 22622 of the Streets and
r Highways Code.
APPROVED AND ADOPTED this 13 day of June , 1999,
by the following rote.
AYES: Councilmembers Conner, Good, Nilliams & Mayor Smedly
DOES: Done
ABSENT: CCunCilrnember Cornett
ABSTAIN: None
ayor, City of San Jacinto
ATTEST:
City Clerk, City of San Jacinto
APPROVED AS TO FORM:
City Attorney, City of San Jacinto
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EXi{IYIT"A"
BOUNDARY MAP
LANDSCAPING, LIGHTING AND
PARK DISTRICT NO. 7
for the
CITY OF SAN JAGIIV70
FISCAL YEAR 1998-99
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