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HomeMy WebLinkAbout6687RESOLU LION NO 6627 A RESOLUTION OF THE CITY COUNCIL OF 1 I IE CITY OF REDLANDS CONFIRMING A DIAGRAM AND ASSESSMENT FOR THE 2008-09 FISCAL YEAR IN CONNEC PION W1111 LANDSCAPE MAINTENANCE DISTRCT NO 1 PURSUANT 10 THE LANDSCAPING AND LIGHTING AC1 OF 1972, PART 2 OF DIVISION 15 OF 1 HE CALIFORNIA STREETS AND HIGHWAYS CODE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS FOLLOWS Section I Pursuant to prior resolution, the City Council of the City of Redlands initiated proceedings and declared its intention to levy an assessment against the assessable lots and parcels of property within an existing assessment dist] tet designated "Landscape Maintenance District No I" (tile ` District") pursuant to the piovision of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (commencing with Section 22500) (the "Act") for the fiscal year commencing July 1, 2008 and ending lune 30, 2009, and ordei the Engineer, Richard Kopecky, to prepare and file a written report in accordance with Article 4 of Chapter 1 of the Act The City Council, by pilot resolution, approved such Engineer's Report Section 2 hollowing notice duly given in accordance with law, the City Council has held a full and fail public heating 1egarding the Engineer's Report and the levy and collection of the proposed assessment within the District lot fiscal year 2008-2009 to pay foi the costs and expenses of the improvements described in the Engineer's Report pursuant to the terms and ptoN isions of the Act All interested persons were afforded the opportunity to heal and be heard regarding protests and objections to the levy and collection of the proposed assessment against lots 01 parcels of property within the District The City Council considered all oral and written statements, protests and communications made 01 filed by interested persons Section 3 Based upon its review of the Engineer's Report and othei reports and information, the City Council hereby finds and determines that (i) the land within the Distt ict will be benefited by the improvements described in the Engineers' Report (i) the District includes all of the lands so benefited, and (111) the net amount to be assessed upon the lands within the District foi the 2008-2009 fiscal year in accordance with the Engineet's Report is apportioned by a formula and method which rattly distributes the net amount among all assessable lots 01 parcels in pi oportion to the estimated benefits to be ieceived by each such lot or parcel from the improvements Any and all oral and written protests and objections are hereby overruled by the City Council Section 4 1 he City Council declares that the diagram and assessment in the Engineer's Report are herby confirmed as filed DJM\kes&6657 Section 5 The City Council hereby orders the improvements described in the Engineer's Report to be made Section 6 1 he assessment is in compliance with the provisions of the Act and the City Council has complied with all law pertaining to the levy of an annual assessment pursuant to the Act Section 7 The assessment to be levied and collected against the assessable lots and parcels of property within the District fol fiscal yea' 2008-2009 are not proposed to increase from the assessment levied and collected foi fiscal yeas 1997-1998 Section 8 1 he assessment is levied without regard to property valuation Section 9 Public property owned by any public: agency and in use in the pei formance of a public function which is included within the boundaries of the District shall not be subject to assessment to be made under these proceedings to pay for any of the costs and expenses of the impiovements Section 10 The assessment is levied foi the purpose of paying the costs and expenses of the impiovements described in the Engi ncei's Report for fiscal year 2008- 2009 Section 11 The impiovements described in the Engineei's Report shall be performed pursuant to law Section 12 The County Auditoi of San Bernaidlno County shall entei on the County Assessment Roll opposite each lot 01 parcel of land the amount of the assessment and such assessments shall then be collected at the same time and in the same mannei as the County taxes are collected Aftei collection by the County, the net amount of the assessments shall be paid to the City Tieasuret Section 13 The City Treasure' shall deposit all monies representing assessments collected by the County to the credit of a special fund foi Landscape Maintenance District No 1 Section 14 The adoption of this Resolution constitutes the levy of an assessment against the lots and parcels of land in the District foi the fiscal yea' commencing fuly 1, 2008 and ending June 30. 2009 Section 15 The City Cleik is he►eby authorized and dniected to file the diagram and assessment, or a certified copy of the diagram and assessment, with the County Auditor, togethei with a certified copy of this Resolution upon its adoption DJ�4vReso`66S7 Section 16 A certified copy of the assessment and diagram shall be filed in the City's Public woiks Department, with a duplicate copy on tile in the office of the City Clerk and open for public inspection ADOPTED, SIGNED AND APPROVED this 15th day of July, 2008 ATTEST Lome Poyzer lea k Mayos of the City of Redlands I, Lorric Poyzei, City Clerk of the City of Redlands hereby certify that the foregoing resolution was duly adopted by the City Council at a regular meeting thereof held on the 15`h day of July, 2008, by the following vote AYES Councilmembers Gilbreath, Gallaghei, Aguilar, Bean, Mayo' Harrison NOES None ABSENT None ABSTAIN None City Cie! k DJM\Rcso\6687