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HomeMy WebLinkAboutResolution - 3538 STATE OF CALIFORNIA ) RESOLUTION NO: 3538 COUNTY OF RIVERSIDE ) ss CITY OF SAN JACITO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO ORDERING THE ANNEXATION OF PROPERTY (KIRBY VILLAGE, ASSESSOR'S PARCEL NO. 436-460-019) TO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 (LLPD NO.2) AND LEVYING ASSESSMENTS FOR FISCAL YEAR 2015-16 (LLPD NO. 2, ANNEXATION NO. 89) WHEREAS, on September 16, 2014, the City Council ("City Council") of the City of San Jacinto ("City") adopted Resolution No. 3533 declaring its intention to annex certain territory to Landscaping, Lighting and Park District No. 2 ("Assessment District"), which was designated for purposes of such proceedings as "Annexation No. 89" and "Zone 89," and scheduling a public hearing thereon; and WHEREAS, by Resolution No. 3533, the City Council approved the report of NBS, the Engineer of Record ("Report") which contained, among other matters, the proposed assessments to be levied for fiscal year 2015-16 upon assessable lots and parcels of land within the territory which comprises Annexation No. 89 to and Zone 89 of the Assessment District; and WHEREAS, pursuant to Section 53753 of the Government Code, notice of the proposed annexation and the proposed assessments and of the time and place of the public hearing thereon was mailed to the record owner of each parcel of property identified in the Report and further directed that each such mailed notice contain an assessment ballot upon which the property owner could indicate his or her support or opposition to the proposed assessments; and WHEREAS, the City Council has conducted the public hearing with respect to the annexation of the territory proposed to be annexed to the Assessment District and has received a report from the City Clerk regarding the tabulation of the assessment ballots submitted, and not withdrawn, in support of or opposition to the proposed assessments advising that the ballots which were received were voted in favor of the proposed assessments and that a majority protest does not therefore exist; and Page 1 of 5 NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of San Jacinto as follows: Section 1: Findings. The findings recited in the preceding paragraphs are true and correct. Section 2: Assessment District, The Assessment District is Landscaping, Lighting and Park District No. 2 of the City of San Jacinto. The territory which is proposed to be annexed to the Assessment District and which comprises Annexation No. 89 is described in the Report and is identified by Riverside County Assessor's Parcel Number: 436-450-019 in the City of San Jacinto, County of Riverside. Section 3: Improvements. The Improvements which shall be provided for the property proposed to be annexed to the District by and through the assessments levied annually thereon shall include the following: (a) The installation or construction or operation of public lighting, facilities, including, but not limited to, street lights, and traffic signals; (b) The installation or planting of landscaping, including, but not limited to, street trees, and parkways; (c) The installation or construction of sidewalks, curb and gutter, storm drains, and catch basins; (d) The installation or construction of any facilities which are appurtenant to any improvements listed in (a) through (c) or which are necessary or convenient for the maintenance or servicing thereof including, but not limited to, irrigation, drainage, and electrical facilities; and (e) The maintenance and servicing of any of the foregoing. Section 4: Annexation; Designation of Zone; Detachment. The territory comprising Annexation No. 89, as described in Section 2 hereof, is annexed to Landscaping, Lighting and Park District No. 2 of the City of San Jacinto. The diagram of the Assessment District, as modified to include Annexation No. 89 and as contained in the Report, is confirmed. Such annexed territory is designated as Zone 89 of the Assessment District. The territory comprising Annexation No. 89 and Zone 89 of the Assessment District shall be and is detached from Landscaping, Lighting and Park District No. 1 of the City of San Jacinto. Page 2 of 5 Section 6: Levy of Assessments; Annual Increases; Duration. The assessments proposed to be levied on the lots and parcels within Zone 89 of the Assessment District for Fiscal Year 2015- 16 in the amounts set forth in the Report and in the assessment ballot mailed to and returned by the owners of the property comprising Annexation No. 89 shall be and are confirmed and levied. Pursuant to Section 6 of Resolution No. 3353, and as specified in such ballot, the annual amount of the assessment to be levied on each parcel of property in Zone 89 of the Assessment District shall be subject to an annual adjustment or increase in an amount equal to the percentage increase in the Consumer Price Index-All Urban Consumers for Los Angeles - Anaheim - Riverside Area; provided, however, that the amount of the assessment to be levied on any parcel in any fiscal year shall not be increased by more than seven and one-half percent (7.5%) and the amount of the assessment to be levied on any parcel in any fiscal year shall not, in any event, exceed the actual total cost of the proportional special benefit conferred on that parcel. The assessments shall be levied annually on assessable lots and parcels of property in Zone 89 so long as the assessments are necessary to finance the cost of the operation, maintenance and servicing of the improvements specified in Section 3 within and for Zone 89. Section 6: Filing With the County Auditor. The City Clerk shall cause the diagram and assessment as confirmed and levied hereby to be filed with the County Auditor of the County of Riverside as required by Section 22641 of the Streets and Highways Code. Section 7: That the Mayor shall sign this Resolution and the City Clerk shall attest and certify to the passage and adoption thereof. Page 3 of 5 PASSED, APPROVED and ADOPTED this 21" day of October, 2014, by the following vote: Ayes: Bartel, Kotyuk, Miller, Ruiz, Ledezma Nays: None Absent: None Abstained: None City of San Jacinto Alonso Ledezma, Mayor ATTEST: Richard Miller, City Clerk APPROVED AS TO FORM: Best, Best & Krieger, LLP Ballin City Attorney Jc rcy S g y y Page 4 of 5