HomeMy WebLinkAboutResolution - 3434 STATE OF CALIFORNIA) RESOLUTION NO. 3434
COUNTY OF RIVERSIDE )ss
CITY OF SAN JACINTO )
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JACINTO, CALIFORNIA, CONFIRMING A DIAGRAM AND
ASSESSMENT AND LEVYING THE ASSESSMENT FOR
LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 1 (LLPD #1)
FOR FISCAL YEAR 2012-2013 (ANNUAL LEVY LLPD #1 FY 2012-
2013)
WHEREAS, the City Council of the City of Jacinto has initiated proceedings for
the levy and collection of assessments for Fiscal Year 2012-2013 for Landscaping,
Lighting and Park District No.1 pursuant to the provisions of the Landscaping and
Lighting Act of 1972, Division 15 of the Streets and Highways Code of the State of
California for the maintenance of landscaped areas, street lights and public parks; and
WHEREAS, the City Council has ordered the filing of an Engineer's Report with
the City Clerk, a report pursuant to law for the City Council's consideration and
subsequently thereto the City Council adopted its Resolution of Intention approving the
Engineer's Report, and declaring the intention of the City Council to order the levy and
collection of assessments to pay the costs and expenses of maintaining the landscaped
areas, street lights and public parks in the District for the fiscal year commencing July 1,
2012 and ending June 30, 2013; and
WHEREAS, in November, 1996 the voters of the State of California passed
Proposition 218 which added Articles XIIIC 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 XIIID, Section 4 of the California Constitution requires that
assessments comply with state procedural and approval provisions by July 1 , 1997,
unless and Assessment District meets certain exemptions as set forth in Section 5 of
Article XIIID, which exemptions include the following:
"(a) any assessment imposed exclusively to finance 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
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WHEREAS, the District assessments proposed for the 2012-2013 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 the
assessments were approved by the property owners on June 16, 1992, originally
imposed prior to the passage of Proposition 218; and
WHEREAS, the adoption of this Resolution, among other things, is required to
levy the proposed assessment for Fiscal Year 2012-2013 for the District;
NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City
Council of the City of San Jacinto, as follows:
SECTION 1: Following notice duly given by publication, the City Council has held
a public hearing regarding the levy of the proposed assessment
within the District for the Fiscal Year commencing July 1, 2012 and
ending June 30, 2013 to pay for the costs and expenses of
maintaining and servicing the public landscaped improvements,
street lights and parks installed and constructed within the District.
All interested persons were afforded the opportunity to hear and be
heard regarding protests and objections have been considered by
the City Council.
SECTION 2: The City Council hereby confirms the diagram and assessment set
forth in the Engineer's Report for Fiscal Year 2012-2013 and orders
the maintenance and servicing of the public landscaped
improvements, street lights and parks installed and constructed in
the District and as more particularly described in the Engineer's
Report.
SECTION 3: The adoption of this Resolution constitutes the levy of an
assessment for the Fiscal Year commencing July 1, 2012 and
ending June 30, 2013. Said assessment is levied without regard to
property valuation.
SECTION 4: The maintenance and servicing of the public landscaped areas,
street lights and parks shall be performed pursuant to law and the
County Auditor of Riverside County shall enter on the County
Assessment Roll opposite each lot or parcel of land the amount of
the assessment and such assessment shall then be collected at the
same time and in the same manner as the County taxes are
collected. After collection by the County, the net amount of the
assessments shall be paid to the City Treasurer.
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SECTION 5: The City Treasurer shall deposit all moneys representing
assessments collected by the County to the credit of a special fund
known as Landscaping, Lighting and Park District No. 1 Fund.
SECTION 6: The City Clerk is hereby authorized and directed to file the
assessment with the County Auditor, together with a certified copy
of this Resolution upon its adoption.
SECTION 7: A certified copy of the assessment diagram shall be filed in the
office of the City Clerk and open for public inspection.
PASSED, APPROVED and ADOPTED this 17th day of July 2012 by the following
vote:
Ayes: Bartel, Di Memmo, Ledezma, Miller, Kotyuk
Nays: None
Absent: None
Abstain: None
City of San Jacinto
By: Andrew F. Kotyuk, Mayor
ATTEST:
( 71.(FSa
1 p L
Rick Miller, City Clerk
APPROVED AS TO FORM:
Best, Best & Krieger, LLC.
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effr y S. Balling r, City Attorney
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