HomeMy WebLinkAboutResolution - 98-34 RESOLLMON NO. 93
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JACIN'TO. CALIFORNIA. CONFMN"G Y DIAGRAM XND
,ASSESSMENT. ,AND LEVYING THE ASSESSMENT FOR LANDSCAPING.
LIGHTING AND PARK DISTRICT NO. 1 FOR FISCAL YEAR 1998-99.
WIiERIEAS. 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 1998-99 for
Landscaping. Lighting and Park District No. 1 (the "District") pursuant to the provisions of the
Landscaairtg and Lighting Act of 1972. Division 15 of the Streets and Highways Code of the State
of Ca:ifornta i"the Act"), forte 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 City Clerk. a report pursuant to law for the City Council's consideration and subsequently
thereto the City Council adopted its Resoiution of intention tResolution No. 97-45) approving the
Engireer'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, 1998 and ending June 30, 1999;
and
WHEREAS, in November 1996 the voters of the State of California passed
Proposition 218 which added Articles `CHIC 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. .- rmcie XIIII? of the California Constitution requires that assessments
comply with stated procedure} and approval provisions by July 1, 1997, unless an assessment
distract 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 operat,on expenses for sidewalks, streets, sewers, water. flood control,
drainage system or vector control."
°(b) env assessment imposed pursuant to a petition signed by the persons owning
all of the parcels subject to the assessment at the rime the assessment is initially
imposed"; and
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W IEREAS, the District assessments proposed for the 1998-99 Fiscal Year are
exempt from Proposition 218 because the assessments either generate revenue for the operation
and tnaintettance of streets and highways, all expenditures thereunder qualifying as street
maintenance as defined by the State or 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 1998-99 for the District.
NOW, THEREFORE, BE 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, 1998 and ending June 30, 1999 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
he 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 1998-99 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, 1998 and ending June 30, 1999.
SECTION 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 for or parcel of land the amount of the
assessment and such assessment shall then he 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.
SEMON : 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 b: 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.
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SECTION -: 1 certified cop} w the a�sesstneat diaeram shall be tiled in the
Office nftllc Cin (.:le k and open !or publie inspection.
APPItOVED ,AND ADOPTED this 3i)thdavofJuhv. 1998. by the follo�••ring vote:
AYES : Councilrrembers Conner, Cornett . rood, ',illiaFs and 'layer S°Iedlev
N ES : None ABSEi.T: None ABSTAI'l : ;10?lE
v
lavor, Oily of San Jacintcn
ATTEST:
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City ClerL City of San Jacinto
1 , Pamela L . Lee , City Clerk for the City of San Jacirto , do hereby certify
that the forecoing Resolution NO. 90-34 is a full , true and correct conv of the
resolution adopted by the City Council at yheir special meeting of July 30, 1993.
SHEET IOF I SHEET
EXHIBIT-A-
BOUNDARY MAP
LANDSCAPING, LIGHTIM43 AND
PARK DISTRICT NO. 1
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CITY OF 3AN JACINT6
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LEGEND
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