HomeMy WebLinkAbout7388_CCv0001.pdf RESOLUTION NO. 73$$
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
REDLANDS CONFIRMING A DIAGRAM AND ASSESSMENT FOR THE
2014-2015 FISCAL YEAR IN CONNECTION WITH LANDSCAPE
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 its adoption of a 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 district designated
"Landscape 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, 2014 and ending June 30, 2015, and ordered the Engineer, Fred Mousavipour, 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, this 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 2014-2015 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 and other reports and
information, this City Council hereby finds and determines that (i) the land within the District
will be benefited by the improvements described in the Engineer's Report (ii) the District
includes all of the lands so benefited, and (iii) the net amount to be assessed upon the lands with
the District for the 2014-2015 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 amounts of the assessments to be levied and collected against the
assessable lots and parcels of property within the District for fiscal year 2014-2015 are in the
same amounts as the assessments levied and collected for fiscal year 1997-1998.
Section 8. The assessment is levied without regard to property valuation.
Section 9. 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 10. 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 2014-2015.
Section 11. The improvements described in the Engineer's Report shall be performed
pursuant to law.
Section 12. 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 tune and in the same manner as the County taxes
collected. After collection by the County, the net amount of the assessments shall be paid to the
City Treasurer.
Section 13. The City Treasurer shall deposit all moneys representing assessments
collected by the County to the credit of a special fund for 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 for the fiscal year commencing July 1, 2014 and June
30, 2015.
Section 15. 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 16. A certified copy of the assessment and diagram shall be filed in the City's
Municipal Utilities and Engineering Department, with a duplicate copy on file in the office of the
City Clerk and open for public inspection.
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ADOPTED, SIGNED AND APPROVED this 17"'day of June, 2014.
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Pete Aguilar, Mayor
ATTEST:
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Sarn'frwinWitClerk
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I, Sam Irwin, City Cleric of the City of Redlands, hereby certifies that the foregoing resolution
was adopted by the City Council, at a regular meeting thereof, held on the 17`h day of June, 2014
by the following vote:
AYES: Councilmembers Harrison, Foster, Gardner, Gilbreath; Mayor Aguilar
NOES: None
ABSENT: None
ABSTAIN: None
Sam Irwin, City Clerk
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