HomeMy WebLinkAboutResolution - 2214 RESOLUTION NO. 2214
A RESOLUTION OF THE CITY COUNCIL FOR THE CITY
OF SAN JACINTO, CALIFORNIA, CONFIRMING A
DIAGRAM AND ASSESSMENT FOR THE 1994/1995
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.2193 initiated proceedings for the levy and
collection of assessment for the 1994/1995 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, GFB-Frederick & Associates, 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. 2203 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, 1994 and ending June 30, 1995; and
WHEREAS, pursuant to the provisions of Government Code
Section 54954 . 6, all notices were given as provided by law, and
the public meeting and public hearings were conducted on June 29,
1994 , July 5, 1994 and July 19, 1994 , respectively. At said
public meeting and public hearings, 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, following the public hearing, the City Council did
order certain changes to be made to the Engineer's Report, and
specifically to the diagram and assessment, and such changes have
been incorporated in said diagram and assessment; and
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WHEREAS, the protests received and filed to the time of the
conclusion of the public hearing, do not constitute a majority
protest.
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.
Section 2 . The public meeting and public hearings referred
to in the Recitals hereof have 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 hearings thereon, have 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 amended from the Engineer' s original Report and
as set forth in the amended Engineer' s Report for fiscal year
1994/1995 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 Intentions
(Resolution No. 2203) 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 amended Engineer' s
Report for the fiscal year commencing July 1, 1994 and ending
June 30, 1995 .
Section 6. The maintenance and servicing of the public
landscaping, lighting and park facilities shall be performed
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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.
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 19th day of July, 1994 , by the
following vote:
AYES: Councilnembers Leahy, Oaks, Solorio, Mayor hafliger
NOES: Williams
ABSENT: None
ABSTAIN: None
Henry f ige(r, r� yor
Attest:
Dave Anderson, City Clerk
A lr
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Approved As T Form:
Jim Cox, City Attorney
I hereby certify that the foregoing Resolution was duly and
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regularly adopted by the City Council of the City of San Jacinto
at a regular meeting thereof held on the 19th day of July, 1994 .
Laurie Mora, City Clerk
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