HomeMy WebLinkAbout6951_CCv0001.pdf RESOLUTION NO. 6951
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS
CONFIRMING A DIAGRAM AND ASSESSMENT FOR THE 2010-2011
FISCAL YEAR IN CONNECTION WITH STREET LIGHTING
MAINTENANCE DISTRCT 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 "Street Lighting 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, 2010 and ending June 30, 2011, and ordered the
Engineer, Rosemary Hoerning, to prepare and file a written report in accordance with
Article 4 of Chapter 1 of the Act. This City Council, also by adoption of a 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 2010-2011 to gay
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 Engineers' Report(ii) the
District includes all of the lands so benefited, and(iii)the net amount to be assessed upon
the lands within the District for the 2010-2011 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 herby confirmed as filed.
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Section 5. The City Council hereby orders the Improvements described in the
Engineer's Report to be made.
Section fi. The assessment is in compliance with the provisions of the Act and
this 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 for fiscal year 2010-2011 are not proposed to
increase from the assessment levied and collected for fiscal year 1997-1998.
Section 8. The assessment is levied without regard to properly 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 he 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 2010-
2011.
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 sande 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 13. The City Treasurer shall deposit all monies representing assessments
collected by the County to the credit of a special fund for Street Lighting 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,
2010 and ending.lune 30, 2011.
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.
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Section 16. A certified copy of the assessment and diagram shall be filed in the
City's Municipal Engineering. and Utilities Department, with a duplicate copy on file in
the office of the City Clerk and be open for public inspection.
ADOPTED, SIGNED AND APPROVED this 2Wh day of July, 2010.
Mayor of the City of Redlands
ATTEST,
City Cler
1, Sam Irwin, City Clerk of the City of Redlands hereby certify that the foregoing
Resolution No. 6951 was duly adopted by the City Council at a regular meeting thereof
held on the 20d'day of July, 2010, by the following vote:
AYES: Councilmembers Bean, Harrison, Gallagher, Aguilar; Mayor Gilbreath
NOES: None
ABSENT None
ABSTAIN: None
Sam Irwin, City Clerk
Redlands, California
LkclerklResolutions\1Res 6900-6999\6951 Confirming Eng Rpt 2010.doc