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HomeMy WebLinkAbout6310_CCv0001.pdf RESOLUTION NO. 6310 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN REDLANDS LANDSCAPE ASSESSMENT DISTRICT NO. I FOR FISCAL YEAR 2004-05 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, ESTABLISHING A TIME AND PLACE FOR HEARING PROTESTS AND RESCINDING RESOLUTION NO. 6260 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS FOLLOWS: Section 1. The City Council of the City of Redlands hereby(1) finds that the public interest and convenience requires and (2) declares its intention to levy and collect assessments against the lots and parcels of property within an existing assessment district designated"Redlands Landscape Assessment District No. 1" (the "District") pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code (commencing with Section 22500) (the"Act") for fiscal year 2004-05, commencing July 1, 2004 and ending June 30, 2005, to pay for the costs and expenses of the improvements described in Section 3 hereof. Section 2.Reference is hereby made to a map on file in the office of the City Clerk and open for public inspection for a description of the exterior boundaries of the District. Section 3. The existing improvements may be briefly described as follows; The operation, maintenance and servicing of public streets within the District, specifically the operation, maintenance and servicing of landscaping, including trees, shrubs, grass and other ornamental vegetation, and appurtenant facilities, including irrigation systems and drainage devices, located in public roadways, streets and rights-of-way within the boundaries of the District. "Maintenance" means the furnishing of services and materials for the ordinary and usual maintenance,operation and servicing of the landscaping and appurtenant facilities, including repair,removal or replacement of all or part of any of the landscaping and appurtenant facilities;providing for the life, growth,health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste; and the cleaning,sandblasting,and painting of landscaping and appurtenant facilities to remove or cover graffiti. "Servicing"means the furnishing of electric current, energy or gas for the operation of any of the appurtenant facilities and the furnishing of water for the irrigation of the landscaping and the maintenance of any of the appurtenant facilities. djm*cso Declaring Intention to Levy Landscape.wpd 1 Section 4. The assessments to be levied and collected against the assessable lots and parcels of property within the District for fiscal year 2004-05 are not proposed to increase from the assessments levied and collected for fiscal year 1997-1998. Section 5. 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 cover any of the costs and expenses of the improvements. Section 6. All railroad, gas,water and electric utility rights-of-way are included within the District and shall be assessed in accordance with the benefits received from the improvements. Section 7. Reference is hereby made to the Report of the Engineer entitled "Engineer's Report for Redlands Landscape Assessment District No. 1,Fiscal Year 2004-05"on file in the office of the City Clerk for a full and detailed description of the improvements, the boundaries of the District and any zones therein and the proposed assessments upon assessable lots and parcels of land within the District. Section 8. NOTICE IS HEREBY GIVEN THAT THE CITY COUNCIL APPOINTS TUESDAY, THE 3RD DAY OF AUGUST, 2004 AT THE HOUR OF 7:00 P.M., IN THE COUNCIL CHAMBERS AT CITY HALL, CITY OF REDLANDS, 35 CAJON STREET, SUITE 2, REDLANDS, CALIFORNIA 92373, AS THE TIME AND PLACE FOR THE HEARING OF PROTESTS OR OBJECTIONS TO THE LEVY OF THE PROPOSED ASSESSMENTS IN CONNECTION WITH THE DISTRICT. All interested persons shall be afforded the opportunity to hear and be heard. Any interested person may file a written protest with the City Clerk prior to the conclusion of the hearing. A written protest shall state all grounds of objection. A protest by a property owner shall contain a description sufficient to identify the property owned by the signer thereof. The City Council shall consider all oral statements and all written protests made or filed by any interested person. Section 9. The City Clerk is hereby authorized and directed to give notice of such hearing in accordance with law. Section 10. The City Council hereby determines and declares that the proposed assessments constitute a continuation of assessments existing on the effective date of Article XIIID, that the assessments are imposed exclusively to finance the maintenance and operation expenses for streets and that the assessments are exempt from the requirements of Article XIIID, Section 4 of the California Constitution. Section 11. The City Council hereby designates Bill Hemsley, Senior Civil Engineer, telephone number (909) 798-7655, to answer inquiries regarding the hearing, protest proceedings and procedural or technical matters. djmVReso Declaring Intention to Levy Landscape.wpd 2 ADOPTED, SIGNED AND APPROVED this 20th day of July, 2004. CITY OF REDLANDS, CALIFORNIA ATTEST: 4usaeppler, Mayor LQ ie Poyzer, Jerk 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 20th day of July, 2004,by the following vote: AYES: Councilmembers Gil, Gilbreath George, Harrison; Mayor Peppler NOES: None ABSENT: None ABSTAIN: None Lorrie'ybyzer, Cit er