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HomeMy WebLinkAbout91-293 - Resolutions RESOLUTION NO. 91-293 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ~,CALI~RNIA, DECLARING INTENTION TO LEVY~ B~EFIT ASSES~5~TS, SEITING A TIME AND PLACE ~R A PUBLIC HEARING, AND APPRDVING~R~OF~GIN~ WHEREAS, the City Council of the City of Rancho Cucamonga has initiated proceed/ngs relating to the levy and imposition of benefit assess- ments pursuant to the terms and provisions of the "Benefit ~ Act of 1982", being Chapter 6.4, Division 2, Title 5 of the Govek~ent Code of the State of California, cc~nencir~ with Section 54703, said area of benefit being known and designated as DRA//qAGE AREA NO. 91-2 (hereinafter referred to as the "Benefit Area"); and WHEREAS, there has n~w been presented the Report as required and previously authorized, and this legislative body is now satisfied with the levy of the assessments and is desirous to proceed to authorize a time and place for a public hearing. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby resolve as follows: S~-~ION 1: That the above recitals are all true and correct. D~CLARATION OF ~ON SECTION 2: That the public interest and convenience requires, and this legislative body does propose at this time to initiate proceedings to levy and impose benefit assessments to finance the maintenance and operation costs related to the following: Annual maintenance, including the removal of sediment and debris from public basin and channel improvements (Day Canyon) to benefit and protect properties within the boundaries of the Benefit Area. For a full and detailed description of the services to be funded by the imposition of the special assessments, reference is hereby made to the "Report" approved by this Resolution and on file in the Office of the City Clerk. BOUNDARIES OF B~Nq~/T AREA S~CTION 3: That said work and services will provide a special and direct benefit to the property and parcels of land within the bour~a~ies of the Benefit Area, and the map suknitted herewith, showing the boundaries of the Beneift Area and lands and properties to be assessed, designated as "BOUNDARIES OF DRkINAGE AREA NO. 91-2", is hereby approved and adopted. ASSESSM~rUS S~CTION 4: The public interest and convenience requires, and it is the intention of this legislative body to order and levy annual assessments Resolution No. 91-293 Page 2 for the maintenance and/or servicing of the above improvements, and it is further determined that the benefit assessments are not taxes for the general benefit of the gove~'~,~nt of this City, but are ~ to be levied for services which confer special benefits upon the properties to be assessed and to which the services are so provided. REPORT OF ~G~ S~CTION 5: That the Report, as presented, is hereby approved and is ordered to be kept on file in the Office of the City Clerk as a permanent record and to remain open for public inspection. Said Report generally consists of the following: A. A description of the service proposed to be financed through revenue derived from the levy and collection of the annual special assessment; B. A description of each lot or parcel of property proposed to be subject to the benefit assessment, said parcel being described by the County Assessor's parcel number; C. A diagram showing the exterior boundaries of the Benefit Area, the boundaries of any zones with the Benefit Area and the lines and dimensions of each lot or parcel within the Benefit Area. Each parcel is identified by a distinctive number or letter. The lines and dimensions of each lot conform to those on the County Assessor's map for the fiscal year to which the Report applies; D. The amount of the proposed assessment for each parcel; E. The basis and schedule for the levy of the proposed assessments. PUBLIC HEARING SECTION 6: NOTICE IS HEREBY Gl-v~ THAT W~IkNESDAY, THE 6TH DAY OF NOVEMBER, 1991, AT THE HOUR OF 7:00 O'CLOCK P.M., IN THE RMGtU3%R ~ PLACE OF THIS L~GI~ BODY, BEING THE COUNCIL C~MBERS, CITY H~T.L, LOCATED AT 10500 CIVIC C~FCER DRIVE, RAN(~O ~GA, CALI~0RNIA 91730, IS THE TIME AND PLACE ~ BY THIS L~GISIATi-VE BODY FOR HEARING PROTESTS OR OB/MCTIONS TO THE LEVY AND /I~POS~ON OF ANNUAL B~IT ASSESSM~FCS TO PAY FOR THE OOSTS AND EXPOSES N~CESSARY TO FINANCE THE AUTHORIZED ~CE AND OPERATION ODSTS OBJ]DCT TO ~E ~INGS AND ALL MATTERS AS SET FORI~ IN THIS RESOI/fI~ON OF SET FOR THE PUBLIC HEARING. ~.~CITON S~2TION 7: The proposition relating to the formation of the Benefit Area shall take effect upon approval of a majority vote of the qualified electors voting on the proposition and within the Benefit Area; however, the proposition may take effect without a vote if there are less than twelve (12) registered voters residing within the Benefit Area and a written petition and consent to the levy of the a_~se~sm~nt~ executed by the owners of at sixty percent (60%) in area within the Benefit Area has been filed with the Resolution No. 91-293 Page 3 legislative body at any time prior to or during the public hearing. "Owner" shall mean the person as shown on the last qualified assessment roll to be the owner of the land. PUBLIC AND UTILITY PROPERTY SECTION 8: That it is hereby determined that public property owned by any public agency and in the use and performance of a public function and which is included within the boundaries of the Benefit Area shall be omitted and exempt frc~ any assessment made under these proceedings. If any railroad, gas, water or electric utility right-of-way shall be included within the boundaries of the Benefit Area and subject to assessment, in determining the extent of benefit it shall be presumed that its use as a utility shall be permanent. NOTICE SECTION 9: That the City Clerk is hereby authorized and directed to give notice as follows: A. A copy of this Resolution of Intention shall be published in the Inland Valley Daily Bulletin, a newspaper of general circulation within said City; said publication to be completed not less than ten (10) days prior to the date set for the public hearing. B. A copy of this Resolution of Intention shall be miled by first- class mail, postage prepaid, to all property owners within the Benefit Area whose names and addresses appear on the last equalized County assessment roll, said mailing to be completed not less than twenty (20) days prior to the date set for the public h ring. PRO~W~G$ n~X/IRI ES SECTION 10: For any and all information relating to these proceed- ings, including information relating to the protest procedure, your attention is directed to the person designated below: CITY OF RANCHO CUCJtNE~GA P.O. BOX 807 RANCHO ~NGA, CA 91729-0807 TR~ ~HONE: (714) 989-1851 PASS~D, AP~, and ADOPTHDthis 2ndday of October, 1991. AYES: Alexander, Stout, Williams NOES: Wright ABS~T: Buquet Stout, Mayor Resolution No. 91-293 Page 4 b~_b~a j. ~7~, city Cler~ I, D~RA J. ADAMS, CITY cT.RRK 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 2nd day of October, 1991. Executed this 3rd day of October, 1991 at Rancho Cucamonga, California. D~ J. ~_e_m~, City Clerk