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Home My WebLink About00-182 - Resolutions RESOLUTION NO. 00-182 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 8 FOR TRACT 15911 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California, said special maintenance district known and designated as Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District No. 8 (referred to collectively as the "Maintenance Districts"); and WHEREAS,the provisions of Article 2 of Chapter of the"Landscaping and Lighting Act of 1972" authorize the annexation of additional territory to the Maintenance Districts; and WHEREAS, such provisions also provide that the requirement for the preparation resolutions, an assessment engineer's report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and WHEREAS, notwithstanding that such provisions of the 1972 Act related to the annexation of territory to the Maintenance District, Article XIIID of the Constitution of the State of California ("Article XIIID")establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the Maintenance Districts on the territory proposed to be annexed to such districts; and WHEREAS, the owners of certain property described in Exhibit A attached hereto and incorporated herein by this reference have requested that such property (collectively, the "Territory) be annexed to the Maintenance Districts in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto(the "Improvements"); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property' (the "Consent and Waiver'); and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the 1972 Act to the annexation of the Territory to the Maintenance Districts and have expressly consented to the annexation of the Territory to the Maintenance Districts; and WHEREAS,by such Consent and Waiver,all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the 1972 Act and/or Article XI IID applicable to the authorization to the levy the proposed annual assessment against the Territory set forth in Exhibit C attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization of levy such proposed annual assessment set forth in Exhibit C attached hereto; and Resolution No. 00-182 Page 2 of 7 WHEREAS, at this time the City Council desires to order the annexation of the Territory to the Maintenance Districts and to authorize the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are all true and correct. SECTION 2: The City Council hereby finds and determines that: a. The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the Improvements. b. The proportional special benefit derived by each parcel in the Territory from the Improvements has been determined in relationship to the entirety of the cost of the maintenance of the Improvement. c. Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments. SECTION 3: This legislative body hereby orders the annexation of the Territory to the Maintenance Districts, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit B. SECTION 4: All future proceedings of the Maintenance Districts, including the levy of all assessments, shall be applicable to the Territory. PASSED, APPROVED, AND ADOPTED this 201h day of September 2000. AYES: Alexander, Biane, Curatalo, Dutton, Williams NOES: None ABSENT: None ABSTAINED: None C r William . Al ander, Mayor Resolution No. 00-182 Page 3 of 7 ATTEST: Der J. Adams, QW, City Clerk I, DEBRA J.ADAMS,CITY CLERK of the City of Rancho Cucamonga,California,do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California,at a Regular Meeting of said City Council held on the 20'" day of September 2000. Executed this 21s`day of September, at Rancho Cucamonga, California. De ra J. A am MC, City Clerk Resolution No. 00-182 Page 4 of 7 Exhibit A Identification of the Owner and Description of the Property To Be Annexed The Owner of the Property is: Ryland Homes of California, Inc., a Delaware Corporation, dba Ryland Homes The legal description of the Property is: Tract No. 15911 Lots 5 and 6 in Block"L"as shown on the Preliminary Map of the Etiwanda Colony Lands, in the City of Rancho Cucamonga, County of San Bernardino, State of California,on file in Book 2,Page 24 of Maps,in the Office of the County Recorder of said County. Except therefrom that portion described in the deed to Pacific Electric Railway Company,a California Corporation,recorded April 4, 1913,in Book 527,Page 216 of Deeds, in the office of said County Recorder. Also except from Lot 6 that portion described in the Deed to the State of California recorded January 30, 1973,in Book 8110,Page 46 of Official Records,in said office of the County Recorder. The above described parcels are shown on sheet A-2 attached herewith and by this reference made a part hereof. A- 1 Resolution No. 00-182 Exhibit A (Continued) Page 5 of 7 LOT S ( OT (o APJ 227-/4/-/2 qp4 Z27- /V/- // I • N r r n r r x x � a e a I Ix Iwem PIPP. G I � PYP•P•rw.� tl ' r a r a a n tl r tl C I x tl O tl N N r tl N tl tl I _ �I Ylpr CSP! I �� yeti ul• _ _ _ _ _ - NORTH I I 1"= 200' CITY OF RANCHO CUCAMONGA ITEM: Tract 15911 ENGINEERING DIVISION A-2 TITLE: Annexation to SLD#1 and SLD#9 Resolution No. 00-182 Page 6 of 7 Exhibit B Description of the District Improvements Fiscal Year 2000/2001 STREET LIGHT MAINENANCE DISTRICT NO. 1 (ARTERIAL STREETS) Street Light Maintenance District No. 1 (SLD#1)is used to fund the maintenance and/or installation of street lights and traffic signals located on arterial streets throughout the City. The facilities within this district,being located on arterial streets,have been determined to benefit the City as a whole on an equal basis and as such those costs associated with the maintenance and/or installation of the facilities is assigned to the City-wide district. The sites maintained by the district consist of street lights on arterial streets and traffic signals on arterial streets within the rights-of-way or designated easements of streets dedicated to the City. STREET LIGHT MAINTENANCE DISTRICT NO. 8(SOUTH ETIWANDA) Street Light Maintenance District No. 8(SLD#8)is used to fund the maintenance and/or installation of street lights and traffic signals located on local streets in what is termed the South Etiwanda area of the City. Generally this area encompasses the area of the City east of Etiwanda Avenue,north of Foothill Boulevard and south of Highland Avenue within the incorporated area of the City. It has been determined that the facilities in this district benefit the properties within this area of the City. The sites maintained by the district consist of street lights on local streets and traffic signals (or a portion thereof) on local streets within the South Etiwanda area. Proposed additions to Work Program (Fiscal Year 2001/2002) For Project: Tract 15911 Number of Lamps Street Lights 5800L 9500L 16,OOO1, 22,OOO1, 27,500L SLD#1 3 SLD#8 22 B - 1 Resolution No. 00-182 Page 7 of 7 Exhibit C Proposed Annual Assessment Fiscal Year 2000/2001 STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS): The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2000/01. The following table summarizes the assessment rate for Street Light Maintenance District No. 1 (Arterial Streets): #of Rate Per Physical #of Assessment Assessment Assessment Land Use Unit Type Physical Units Units Unit Revenue Single Parcel 16,956.00 1.00 16,956.00 $17.77 $301,310.00 Family Multi- Parcel 6,257.00 1.00 6,257.00 $17.77 $111,190.00 Family Commercial Acre 1999.52 2.00 1999.52 $17.77 $71,060.00 Total $483,560.00 The Proposed Annual Assessment against the Property is: $17.77 55 Parcels x 1 A.U. Factor x $17.77 Rate Per A.U. _ $977.35 Annual Assessment STREET LIGHT MAINTENANCE DISTRICT NO. 8 (SOUTH ETIWANDA): The rate per assessment unit (A.U.) is $193.75 for the Fiscal Year 2000/01. The following table summarizes the assessment rate for Street Light Maintenance District No. 8 (South Etiwanda): # of Rate Per Physical # of Physical Assessment Assessment Assessment Land I Jqe UnitType units I lnits Factor units unit Revenue Single Parcel 81 1.00 81 $193.75 $15,694.00 Family The Proposed Annual Assessment against the Property is: $193.75 55 Parcels x 1 A.U. Factor x $193.75 Rate Per A.U. _ $10,656.25 Annual Assessment C- 1