HomeMy WebLinkAbout6826_CCv0001.pdf RESOLUTION NO. 6826
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
REDLANDS CONFIRMING A DIAGRAM AND ASSESSMENT FOR
THE 2009-2010 FISCAL YEAR IN CONNECTION WITH STREET
LIGHTING MAINTENANCE DISTRCT NO. I 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 property within an existing assessment district designated
"Street Lighting Maintenance District No. I" (the "District") pursuant to the provision 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, 2009 and ending June 30, 2010, and order the Engineer, Wiildan
Financial Services, 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 2009-2010 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, the 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 2009-2010 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.
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Section 4. The City Council declares that the diagram and assessment in the
Engineer's Report are herby confirmed as filed.
Section 5. The City Council hereby orders the improvements described in the
Engineer's Report to be made.
Section b. 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 to be levied and collected against the assessable lots
and parcels of property within the District for fiscal year 2009-2010 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 property valuation.
Section 9. Public property owned by any public agency and in use in the
perfon-nance 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 2009-
2010.
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 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,
2009 and ending;June 30, 2010.
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 1 C. 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 21st day of July, 2009.
yor of the ity of Redlands
ATTEST:
City Clerk of the Ci p edlands
1, 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
21 st day of July, 2009, by the following vote:
AYES: Councilmembers Gilbreath, Gallagher, Aguilar, Bean; Mayor Harrison
NOES: None
ABSENT: None
ABSTAIN: None
City C rk
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