HomeMy WebLinkAboutResolution - 99-41 RESOLUTION NO. 99-41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JACINTO, CALIFORNIA, CONFIRMING A DIAGRAM AND
ASSESS.MFNT7 AND LEVYING THE ASSESSMENT FOR LANDSCAPING,
LIGHTING AND PARK DISTRICT NO. I FOR FISCAL YEAR 1999-2000.
WHEREAS, the City Council of the City of San Jacinto ("the City Council") has
initiated proceedings for the levy and collection of assessments for Fiscal Year 1999-2000 for
Landscaping, Lighting and Park District No. 1 (the "District") 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 ("the Act"), 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 Citv Clerk, a report pursuant to law for the City Council's consideration and subsequently
thereto the City Council adopted its Resolution of Intention (Resolution No. 9934 ) 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, 1999 and ending June 30, 2000,
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 of the California Constitution requires that assessments
comply with stated procedural and approval provisions by July 1, 1997, unless an assessment
district meets certain exemptions as set forth in Section 5 of the Article which exemptions include
the following:
"(a) any assessment imposed exclusively to finance the 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 1999-2000 Fiscal Year are
exempt from Proposizion 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 at the time they were originally imposed; and
WHEREAS, the adoption of this Resolution, among other things, is required in
order to levy the proposed assessments for Fiscal Year 1999-2000 for the District.
NOW, THEREFORE, HE 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, 1999 and ending June 30, 2000 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 1999-2000 and orders the maintenance and servicing
of the public landscaped improvements, street lights and parks installed and constructed in the
District in the City of San Jacinto.
SECTION 3: The adoption of this resolution constitutes the levy of an assessment
for the Fiscal Year commencing July 1, 1999 and ending June 30, 2000. Said assessment is levied
without regard to property valuation.
E TI N 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.
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, City of San Jacinto.
SECTION G: 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 CIerk and open for public inspection.
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APPROVED AND ADOPTED this 15th day of duly 1999.
Mayor, City of San Jacinto
A l'TEST:
City Clerk, City of San Jacinto
APPROVED AS TO FORM:
City Attorney, City of San Jacinto
AYES: Council Members Good, Williams and Mayor Cornett
NOES: Council Member Smedley
ABSENT: Council Member Conner
ABSTAIN: None
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