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STATE OF CALIFORNIA ) RESOLUTION NO. 2339
COUNTY OF RIVERSIDE)ss
CITY OF SAN JACINTO )
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JACINTO CONFIRMING DIAGRAM AN D ASSESSM ENT
FOR LANDSCAPING, LIGHTING AND PARK DISTRICT NO.
2 AND LEVYING ASSESSMENTS ON ASSESSABLE LOTS
AND PARCELS OF LAND IN SAID DISTRICT FOR FISCAL
YEAR 2002-03
WHEREAS, on February 7, 2002 the City Council ("City Council") of the City
Of San Jacinto ("City") adopted Resolution No. 2331, a resolution of intention pursuant to
Section 22624 of the Streets and Highways Code, declaring its intention to order the
formation of a proposed assessment district designated as Landscaping, Lighting and Park
District No. 2 of the City of San Jacinto ( "District")and to levy assessments on the lots and
parcels of property therein for fiscal year 2002-03 for the installation, operation,
maintenance and servicing of street lights, traffic signals, street trees, parkways, median
islands, landscaping, parks and any appurtenant improvements ("Improvements") and
scheduling a public hearing on the proposed levy and collection of assessments for 7:00
p.m. on April 4, 2002, and directing the City Clerk of the City Council to mail notice of such
hearing to the record owners of all parcels upon which such assessments are proposed
to be levied together with an assessment ballot, upon which the owners of such parcels
could indicate their support for or opposition to the proposed assessments, as required by
Section 53753 of the Government Code; and
WHEREAS, for purposes of levying the proposed assessments on the lots
and parcels of property within the District, the report prepared by GFB-Friedrich and
Associates, Inc., Engineer of Record, with respect to the proposed assessments and the
assessment diagram contained therein, which is on file with the City Clerk of the City
Council, allocates the estimated costs of the Improvements within the District and
proposes the levy of assessments on the parcels within the District; and
WHEREAS, as required by Resolution No. 2331 and Section 53753 of the
Government Code, notice of said hearing was mailed to the record owners of all lots and
parcels of assessable land in the District, and each such mailed notice contained a ballot
whereby each such owner could indicate his or her name, reasonable identification of his
or her parcel and support or opposition of the proposed assessments; and
WHEREAS, by Resolution No. 2331, the City Council directed that at the
conclusion of the public hearing, the City Clerk shall tabulate the assessment ballots
submitted, and not withdrawn, in support of or in opposition to the proposed assessment
to be levied on parcels of property within the District and determined and directed that (i)
a majority protest shall exist if the assessment ballots submitted by the owners of parcels
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of property within the District, and not withdrawn, in opposition to the proposed
assessment exceed the assessment ballots submitted by such owners, and not withdrawn,
�- in favor of the proposed assessment, and (ii) if there is a majority protest against the
imposition of the assessment, the City Council shall not approve the report prepared by
GFB-Friedrich and Associates, Inc., with respect to such assessment or levy such
assessment on property within the District; and
WHEREAS, at the time and place of said hearing, the City Council held the
hearing and afforded all interested persons an opportunity to present written or oral
testimony, and considered all objections or protests to the proposed assessments; and
WHEREAS, at the conclusion of said hearing, the assessment ballots which
were submitted by the owners of lots and parcels upon which the proposed assessments
were proposed to be levied were tabulated and it was determined that the ballots which
were submitted by the property owners in favor of the proposed assessments exceeded
the ballots which were submitted by the property owners in opposition thereto and that a
majority protest to the levy of the proposed assessments does not exist; and
WHEREAS, the City Council may proceed, pursuant to Section 22631 of the
Streets and Highways Code, to adopt a resolution confirming the levy of the assessments
on the assessable parcels of property in the District, and the adoption of such a resolution
shall constitute the levy of assessments on all assessable lots and parcels of property
within the District for fiscal year 2002-03;
NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the
City Council of the City of San Jacinto as follows:
SECTION 1. Findings. The City Council finds:
(a) The preceding recitals are true and correct;
(b) The requirements of the Landscaping and Lighting Act of 1972, Part
2(commencing with Section 22500)of Division 15 of the Streets and Highways Code have
been satisfied;
(c) The requirements of Section 53753 of the Government Code have
been satisfied;
(d) The assessments proposed to be levied on the assessable lots and
parcels of land in the District for the Improvements during fiscal year 2002-03 contained
in the report of GFB-Friedrich and Associates, Inc., which is on file with the City Clerk of
the City Council (the "Report"), are based on benefits derived by such lots and parcels
from the availability of the Improvements, and are not based on the ownership or value of
such lots and parcels;
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(e) For purposes of levying the proposed assessments on the lots and
parcels of property within the District, the Report and the assessment diagram contained
therein allocates the estimated costs of the installation, operation, maintenance and
servicing of the Improvements within the District,
(f) Such assessments are based on special benefit conferred upon each
such lot or parcel from the payment of the costs of the installation, operation, maintenance
and servicing of the Improvements;
(g) The proportionate special benefit derived by each such lot or parcel
has been determined in relationship to the entirety of the cost of the installation, operation,
maintenance and servicing of the Improvements,
(h) The amount of the assessment which is to be levied on each such lot
or parcel is based upon and will not exceed the reasonable cost of the proportional special
benefit conferred on that lot or parcel,
(i) The ballots which were submitted by the property owners in the
Distrct in favor of the proposed assessments exceeded the ballots which were submitted
in opposition thereto and a majority protest to the levy of the proposed assessments does
not exist;
(j) The City Council may proceed to adopt a resolution confirming the
assessments to be levied on assessable parcels of property in the District; and
(k) The ballots which were submitted tothe property owners in the District
which were voted in support of the proposed assessments also approved the proposed
duration of the assessments and authorized annual increases in the amount of the
assessments.
SECTION 2. Improvements. The improvements authorized for the District
are:
(a) The installation or construction of public lighting facilities, including,
but not limited to, street lights and traffic signals,
(b) The installation or planting of landscaping, including, but not limited
to, street trees, parkways and median islands;
(c) The installation or construction of park or recreational facilities;
(d) The installation or construction of any facilities which are appurtenant
to any improvements listed in (a) through (c), or which are necessary or convenient for the
maintenance or servicing thereof, including, but not limited to, irrigation, drainage and
electrical facilities; and
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(e) The maintenance and servicing of any of the foregoing.
SECTION 3. Confirmation of Report. The Report and the assessment
diagram and the assessment contained therein for the payment of the costs of the
installation, operation, maintenance and servicing of the Improvements in the District for
fiscal year 2002-03 are confirmed.
SECTION 4. Levy of Assessments. Pursuant to Section 22594 of the
Streets and Highways Code, the adoption of this resolution constitutes the levy of the
assessments on assessable lots and parcels of property in the District for the installation,
operation: maintenance and servicing of the Improvements during fiscal year 2002-03, as
contained in the Report, and such assessments are levied. The City Clerk of the City
Council is directed to fife a certified copy of this resolution, together with the confirmed
diagram and assessment contained in the Report, with the County Auditor of the County
of Riverside, who, pursuant to Section 22645 of the Streets and Highways Code, shall
enter on the County Assessment Roll opposite each lot or parcel of land the amount
assessed thereupon, as shown in said assessment.
SECTION 5. Duration of Assessments; Annual Adjustment for Increased
Costs. The assessments which are to be levied on lots and parcels in the District shall be
levied annually as long as the assessments are necessary to finance the cost of the
Improvements and the maintenance and servicing thereof. The annual amount of the
assessment to be levied on each parcel of assessable property in the District in each fiscal
year may be increased by the percentage increase in the Consumer Price Index— All
Urban Consumers for the Los Angeles--Anaheim--Riverside Area; provided however that
the amount of the assessment to be levied on any assessable parcel in any fiscal year
shall not be increased by more than seven and one-half percent (7.5%) and the amount
of the assessment to be levied on any parcel in any fiscal year shall not, in any event,
exceed the actual total cost of the proportional special benefit conferred on that parcel.
SECTION 6. Detachment of Territory. All assessable lots or parcels included
within the District that are also included in existing Landscaping, Lighting and Park District
No. 1 and are subject to the levy of assessments by Landscaping, Lighting and Park
District No. 1 are hereby detached from Landscaping, Lighting and Park District No. 1 to
the extent that the assessments levied by Landscaping, Lighting and Park District No. 1
finance the same Improvements provided by the District.
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ADOPTED, SIGNED AND APPROVED this 4th day of April, 2002.
r..
City of San Jacinto
by Patrick A. Williams, Mayor
Attest:
wrathy L. Youinard, City Clerk
City of San Jacinto
Approved As To Form:
ahn E. Brown, City Attorney
City of San Jacinto
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I, Dorothy L. Chouinard, City Clerk of the City of San Jacinto, do hereby certify that the
foregoing Resolution was passed, adopted and approved at a regular meeting of
the City Council of the City of San Jacinto held on the 4th day of April, 2002,
by the following vote:
AYES: Ayres, Carlson-Buydos, Connor, Good, Williams
NAYS: None
ABSENT: None
ABSTAINED: None
WITNESS MY HAND AND OFFICIAL SEAL this day of , 2002.
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