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HomeMy WebLinkAboutResolution - 95 - 28 RESOLUTION NO. 95-28 A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF SAN JACINTO, CALIFORNIA, CONFIRMING A DIAGRAM AND ASSESSMENT FOR THE 1995/1996 FISCAL YEAR IN CONNECTION WITH LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 1 PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE STREETS AND HIGHWAYS CODE. WHEREAS, the City Council for the City of San Jacinto has by its Resolution No. 95-22 initiated proceedings for the levy and collection of assessment for the 1995/1996 fiscal year for Landscaping, Lighting and Park District No. 1 pursuant to the terms and provisions of the Landscaping and Lighting Act of 1972 , being Part 2 of Division 15 of the California Streets and Highway Code; and WHEREAS, the City Council has ordered the preparation of a report and the Engineer, Berryman & Henigar, Inc. , has prepared and filed with the City Clerk a report pursuant to law for the City Council ' s consideration and subsequently thereto the City Council adopted Resolution No. 95-27 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 and servicing public landscaping, lighting and park facilities in the City of San Jacinto for the fiscal year commencing July 1 , 1995 and ending June 30, 1996; and WHEREAS, pursuant to the provisions of Streets & Highways Code Section 22626 (a) notice was given as provided by law, and the public hearing was conducted on June 20, 1995 . At said public hearing all interested persons were afforded the opportunity to hear and be heard regarding protests and objections to the levy and collection of the proposed assessments. All oral and written protests and objections have been considered by the City Council. All evidence in support of and against the assessments has been considered, including but not limited to the Engineer ' s Report, the oral presentations of the Engineer, the oral and written testimony of citizens and the oral and written reports of City Staff; and WHEREAS, the Engineer' s Report recommends that assessments be levied in the same amounts as were levied for the previous year (1994-95) . NOW THEREFORE, the City Council of the City of San Jacinto does hereby resolve as follows: Section 1 . The above recitals are true and correct. 1 Section 2 . The public hearing referred to in the Recitals hereof has been held, and each and every step in the proceedings required pursuant to Chapter 3 , Part 2 of Division 15 of the California Streets and Highways Code, both prior to and including the public hearing thereon, has been duly and regularly taken. Section 3 . From all evidence presented, including the Engineer ' s Report and the presentations by staff, public and the Engineer, the City Council specifically finds that the diagram and assessment as amended, fairly distributes the net amounts assessed among all assessable lots or parcels in proportion to the estimated benefits to be received by each said lot or parcel from the improvements. Section 4 . The City Council hereby confirms the diagram and assessments as set forth in the Engineer ' s Report for fiscal year 1995/1996 and orders the maintenance and servicing of the public landscaping, lighting and park facilities installed and constructed in public places in the City of San Jacinto, all work as more particularly described in The Resolution of Intention (Resolution No. 95-27) and set forth below: "a. Installation, construction, maintenance and servicing of facilities and landscaping as authorized by Section 22525 of the Streets and Highways Code, including service and maintenance of street lighting, street trees, park-ways, median islands, city parks and graffiti removal . b. Any and all work and materials appurtenant thereto or which are necessary or convenient for the maintenance and servicing thereof. " Section 5 . The adoption of this Resolution constitutes the levy of an assessment as set forth in the Engineer ' s Report for the fiscal year commencing July 1 , 1995 and ending June 30, 1996 . Section 6 . The maintenance and servicing of the public landscaping, lighting and park facilities 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 assessments 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. Section 7 . The City Treasurer shall deposit all moneys representing assessments collected by the County to the credit of a special fund known as Improvement Fund, City of San Jacinto, Landscaping, Lighting and Park District No. 1 . 2 Section 8 . The City Clerk is hereby authorized and directed to file the diagram and assessment with the County Auditor, together with a certified copy of this Resolution upon its adoption. Section 9 . A certified copy of the assessment and diagram shall be filed in the office of the City Clerk and open for public inspection. APPROVED AND ADOPTED this 20th day of June 1995 , by the following vote: AYES: Councilmembers Leahy, Oaks , Williams , Mayor Solorio NOES: None ABSENT: Council Seat Vacant ABSTAIN: None David Solorio, Mayor Attest: Robert Wilson, City Clerk f Deputy City Clerk Approved As To Form: Jim Cox, City Attorney I hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of San Jacinto at a regular meeting thereof held on the 20th day of June 1995. Laurie Mora Deputy City Clerk 3