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HomeMy WebLinkAboutResolution - 2203 RESOLUTION NO. 2203 A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF SAN JACINTO, CALIFORNIA, APPROVING THE ENGINEER'S REPORT, DECLARING ITS INTENTION TO ORDER THE FISCAL YEAR 1994/95 UPDATE OF LANDSCAPING, LIGHTING AND PARR DISTRICT NO. 1, AN ASSESSMENT DISTRICT, PURSUANT TO THE PROVISIONS OF PART 2 , DIVISION 15 OF THE STREETS AND HIGHWAYS CODE, AND ORDERING PUBLIC MEETING AND HEARING THEREON Recitals: WHEREAS, the City Council for the City of San Jacinto, on June 16, 1992 , by Resolution, caused the formation of Landscaping, Lighting and Park District No. 1 (11District") pursuant to the Landscaping and Lighting Act of 1972 (Streets and Highways Code Sections 22500 et. seq. , hereinafter the "Act") ; and WHEREAS, by Resolution No. 2193 , made on April 5, 1994 , the City Council for the City of San Jacinto, initiated proceedings for the levy of annual assessments after the formation of an assessment district (annual update) , pursuant to the provisions of Streets and Highways Code Sections 22620, et. seq. , for said District; and WHEREAS, pursuant to Resolution No. 2193 , GFB-Fredrich & Associates, was designated engineer for the purpose of the annual update and was thereby directed to prepare it' s report pursuant to the requirements of Health and Safety Code Section 22622 ; and WHEREAS, the engineer has filed his report with the City Clerk, which report is entitled "Annual Update of Landscaping, Lighting, and Park District No. 1, Fiscal Year 1994/95" ; NOW, THEREFORE, BE IT HEREBY RESOLVED as follows: Section 1. Engineer' s Report: The report of the engineer, previously presented to Clerk of the City of San Jacinto, the content of which is hereby incorporated in this resolution by reference, is hereby preliminarily approved. A copy of the report is available for inspection and is on file in the office of the City Clerk, City of San Jacinto. Reference to said report is hereby made for all particulars relating to the amount and extent of assessments and for a description of the work and improvements. 1 Section 2 . Declaration of Intention to Levy and Collect Assessments for 1994-95 Fiscal Year: The City Council for the City of San Jacinto hereby declares its intent to levy and collect assessments for the 1994-95 fiscal year in such amounts, as calculated, and as more particularly described in the report of the engineer, on file and available for inspection at the office of the City Clerk. Section 3 . Location of Work: The foregoing described work is to be located within public right-of-way, landscaping easement, and public park property, as further described by assessment zone below: Zone A: Landscape Zone: Designated public rights-of-way or landscaping easements that contain landscaping installed for the purpose of beautifying the City. Zone B: Street Lighting Zone: That public right-of-way throughout the populated areas of said City. Zone C: No Street Lighting, No Street Tree Zone: That public right-of-way that has no street lights or street trees. Zone D: Park Zone: That public property that has been dedicated or acquired for recreation and park purposes. Zone E: Citywide Street Tree Zone: That public right-of-way that corresponds to Zone B. Zones A through E are more particularly described and delineated in the engineer' s report and the "Boundary Maps and Proposed Annexations to Landscaping, Lighting and Park District No 111 , which are on file and available for inspection at the City Clerk's office for the City of San Jacinto. Section 4 . Description of the Assessment District: The contemplated work, in the opinion of said City Council , is of more local than ordinary public benefit, and the said City Council hereby makes the expense of said work chargeable upon a district, which said district is assessed to pay the costs and expenses thereof, and which district is described as follows: All that certain territory of the City of San Jacinto included within the exterior boundary lines shown upon that certain "Boundary Map and Proposed Annexations to, 2 Landscaping, Lighting and Park District No. 1, 11 indicating by said boundary lines the extent of the territory included within the existing assessment district, and which map is on file in the Office of the City Clerk of said City. The City Council hereby approves said map. Reference is hereby made to said map for further, full and more particular description of said assessment district and the proposed annexation thereto, and the said map so on file shall govern as to the extent of said assessment district. Section 5. Description of Work/Improvements: The City Council finds that the public interest and convenience requires, and it is the intention of the City Council of the City of San Jacinto, to order the following work to be done: 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 6. Collection of Assessments: The assessment shall be collected at the time and in the same manner as county taxes are collected. The engineer shall file a report annually with the City Council of said City and said Council will annually conduct a hearing upon said report, prior to August 10 each year, at which time assessments for the next fiscal year will be determined. Section 7 . Time and Place of Meeting and Hearing. NOTICE IS HEREBY GIVEN that the City Council appoints Tuesday, the 21st of June, 1994 , at 7: 30 p.m. and Tuesday, the 5th of July, 1994 , at 7 : 30 p.m. ; both in the San Jacinto City Council Chambers at the Community Center, 625 South Pico Avenue, San Jacinto as the times and place for a Public Meeting and a Public Hearing, respectively, for hearing protests or objections to the annual update of the assessment district and for levy of the proposed increase to assessments for fiscal year 1994/95. All interested persons shall be afforded the opportunity to hear and be heard. The City Council shall consider all oral statements and all written protests or communications made or filed by any interested person. Prior to conclusion of the hearing, any interested person may file a written protest with the City Clerk or having previously filed a protest may file a written withdrawal of that protest. A written protest shall state all grounds of objection. A protest by a property owner must contain 3 a description sufficient to identify the property owned by the signor thereof. Section 8 . Landscaping and Lighting Act of 1972 : All of the work herein proposed shall be done and carried through in pursuance of an act of the legislature of the State of California designated as the Landscaping and Lighting Act of 1972 , being Division 15 of the Streets and Highways Code of the State of California. Section 9. Publication of Resolution of Intention: The publication of notice of public meeting and hearing shall be made pursuant to Streets and Highways Code Sections 22552 and 22553 and Government Code Section 6061 and shall be completed at least ten days prior to the date of the public hearing. Section 10 . Mailing of Notice: The City Clerk is directed to mail notices of the adoption of this Resolution of Intention to all persons owning real property within the boundaries of the district, whose names and addresses appear in the last equalized assessment roll for taxes, and whose assessment will increase over their Fiscal Year 1993/94 amount per parcel, in the manner and form provided for under Section 22556 of the said Landscaping and Lighting Act of 1972 of said Streets and Highways Code and pursuant to Government Code Section 54954. 6 (c) . Such mailing shall be made at least 45 days prior to the date set for the Public Hearing. Section 11. Certification: The City Clerk shall certify to the adoption of this resolution. APPROVED AND ADOPTED this loth day of May, 1994 , upon the following vote: AYES: Councilmembers Leahy, Solorio , Mayor Hafliger NOES: None ABSTAIN: None ABSENT: Councilmember Willia s r Mayor ATTEST: Dave Anderson, City Clerk TATE OF CALIF RNIA COUNTY OF RIVE ,IDE CITY OF SAN JACINTO ' 4