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HomeMy WebLinkAboutResolution - 3770STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF SAN JACINTO ) RESOLUTION NO. 3770 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO CONFIRMING DIAGRAM AND ASSESSMENT FOR LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 (LLPD 2) FOR FISCAL YEAR 2019-2020 (FY 19-20) WHEREAS, the City Council of the City of San Jacinto has initiated proceedings for the levy and collection of assessments for FY 19-20 for LLPD 2 pursuant to the Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 22500) of Division 15 of the Streets and Highways Code (the "Act"), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within LLPD 2 of the City of San Jacinto, and WHEREAS, notice of said hearing was given pursuant to Section 22626 and duly published as required by Sections 22552 and 22553 of said Code; and WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within LLPD 2, had not been received. 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 that: (a) The foregoing recitals are true and correct; (b) All of the applicable requirements of the Act have been satisfied; (c) A majority protest to the levy and collection of the proposed assessment has not been filed; (d) The City Council may therefore proceed to confirm the diagram and assessment for LLPD 2 for FY 19-20, and order the levy and collection of the assessment; (e) The assessments proposed to be levied on the lots and parcels of assessable property within LLPD 2 for the maintenance and servicing of public street lighting, traffic signals, landscaping, graffiti removal, parks, and appurtenant facilities during FY 19-20, as contained in the Engineer's Report (the "report") on file with the City Clerk, are based on the proportionate special benefit derived by such lots and parcels from the availability of such public improvements and facilities; (f) the proportionate special benefit derived by each such lot or parcel has been determined in relationship to the entirety of the cost of the maintenance and servicing of such public improvements and facilities; (g) such assessments do not exceed the reasonable cost of the proportional special benefit conferred on each such lot and parcel; and (h) such assessments will not exceed the maximum amounts of the assessments authorized by a vote of the property owners in LLPD 2. 0 SECTION 2. Levy of Assessment. Pursuant to Section 22631 of the Streets and Highways Code, the adoption of this resolution constitutes the levy of the assessment for the maintenance and servicing of public street lighting, traffic signals, landscaping, graffiti removal, parks, and appurtenant facilities within LLPD 2 during FY 19-20, as contained in the report, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the 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. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on this 18th day of June, 2019 by the following vote: AYES: Kotyuk, Lopez, Ruiz, Utz NAYS: None ABSENT: Ledezma ABSTAIN: None CITY OF SAN JACINTO: q1 '�'ga (4 Russell Utz, Mayor ATTEST: — - - 7'"/j - Z-4 L Aa Ion, City Clerk APPROVED AS TO FORM: BEST BEST & KRIEGER, LLP Mic ael J. Maurer, City Attorney STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF SAN JACINTO) CERTIFICATION I, Angela Walton, duly appointed City Clerk of the City of San Jacinto, do hereby certify that the foregoing Resolution No. 3770 was passed, approved and adopted at a regular meeting of the City Council of the City of San Jacinto on the 181h day of June 2019, by the following vote: AYES: Kotyuk, Lopez, Ruiz, Utz NAYS: None ABSENT: Ledezma ABSTAIN: None WITNESS MY HAND AND OFFICIAL SEAL this 18th day of June, 2019. *ga�lton,, City Clerk Janto