HomeMy WebLinkAbout6370_CCv0001.pdf RESOLUTION NO. 6370
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS
CONFIRMING A DIAGRAM AND ASSESSMENT FOR THE 2005-2006 FISCAL YEAR IN
CONNECTION WITH LANDSCAPING MAINTENANCE DISTRICT NO. 1 PURSUANT TO
THE LANDSCAPING AND LIGHTING ACT OF 1972, PART 2 OF DIVISION 15 OF THE
CALIFORNIA STREETS AND HIGHWAYS CODE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS
FOLLOWS:
Section 1. 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 propertywithin an existing assessment district designated"Landscaping Maintenance District No.
1" (the "District") pursuant to the provisions 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, 2005 and ending June 30, 2006, and order the
Engineer, Ronald C. Mutter, to prepare and file a written report in accordance with Article 4 of
Chapter 1 of the Act. The City Council, by prior resolution, approved such Engineer's Report.
Section 2. Following notice duly given in accordance with law, the City Council has held
a full and fair public hearing regarding the Engineer's Report and the levy and collection of the
proposed assessment within the District for fiscal year 2005-2006 to pay for the costs and expenses
of the improvements described in the Engineer's Report pursuant to the terms and provisions of the
Act. All interested persons were afforded the opportunity to hear and be heard regarding protests
and objections to the levy and collection of the proposed assessment against lots or parcels of
property within the District. The City Council considered all oral and written statements, protests
and communications made or filed by interested persons.
Section 3. Based upon its review of the Engineer's Report, a copy of which has been
presented to the City Council and which has been filed with the City Clerk, and other reports and
information, the City Council hereby finds and determines that (i) the land within the District will
be benefitted by the improvements described in the Engineer's Report, (ii) the District includes all
of the lands so benefitted,and(iii)the net amount to be assessed upon the lands within the District
for the 2005-2006 fiscal year in accordance with the Engineer's Report is apportioned by a formula
and method which fairly distributes the net amount among all assessable lots or parcels in proportion
to the estimated benefits to be received 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. The City Council declares that the diagram and assessment in the Engineer's
Report are hereby confirmed as filed.
Section 5. The City Council hereby orders the improvements described in the Engineer's
Report to be made.
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Section 6. The 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 is levied without regard to property valuation.
Section 8. Public property owned by any public agency and in use in the performance 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
improvements.
Section 9. The assessment is levied for the purpose of paying the costs and expenses of the
improvements described in the Engineer's Report for fiscal year 2004-2005.
Section 10. The improvements described in the Engineer's Report shall be performed
pursuant to law.
Section 11. The County Auditor of San Bernardino County shall enter on the County
Assessment Roll opposite each lot or parcel of land the amount of the assessment and such
assessments 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 12. The City Treasurer shall deposit all moneys representing assessments collected
by the County to the credit of a special fund for Landscaping Maintenance District No. 1.
Section 13. The adoption of this Resolution constitutes the levy of an assessment against the
Iots and parcels of land in the District for the fiscal year commencing July 1, 2005 and ending June
30, 200{x.
Section 14, The City Clerk is hereby authorized and directed to file the diagram and
assessment, or a certified copy of the diagram and assessment, with the County Auditor, together
with a certified copy of this Resolution upon its adoption.
Section 15. A certified copy of the assessment and diagram shall be filed in the City's Public
Works Department, with a duplicate copy on file in the office of the City Clerk and open for public
inspection.
ADOPTED, SIGNED AND APPROVED this 5th day of July, 2005.
CITY OF REDLANDS ATTEST:
14 {
usa Peppler, Mayor Cit lerk
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I, Lorrie Poyzer, 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 5th day of July,
2005, by the following vote:
AYES: Councilmembers Gil, Gilbreath, George, Harrison; Mayor Peppler
NOES: None
ABSENT: None
ABSTAIN: None
Lo e Poyzer, C� y e k