HomeMy WebLinkAbout09-133 - Resolutions RESOLUTION NO. 09-133
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, CONFIRMING
THE DIAGRAM AND ASSESSMENT AND PROVIDING
FOR THE LEVY AND COLLECTION OF ASSESSMENTS
WITHIN THE PARK AND RECREATION IMPROVEMENT
DISTRICT NO. PD-85 FOR THE FISCAL YEAR 2009/2010
PURSUANT TO THE LANDSCAPE AND LIGHTING ACT
OF 1972
WHEREAS, the City Council of the City of Rancho Cucamonga did on the 3rd
day of June, 2009, adopt its Resolution of Intention No. 09-097 pursuant to the
Landscaping and Lighting Act of 1972, as amended (the "1972 Act"), declaring its
intention to levy and collect assessments within Park and Recreation Improvement
District No. PD-85 for Fiscal Year 2009/2010 and giving notice of the time and place for
a public hearing by the City Council on the levy of the proposed assessments within the
Districts; and
WHEREAS, the City Council previously received and preliminarily approved a
report of the Assessment Engineer as required by the 1972 Act; and
WHEREAS, notice of such public hearing was duly and legally published in the
time, form and manner as required by law, shown by the affidavit of Publication of said
Resolution of Intention on file in the Office of the City Clerk; and
WHEREAS, said City Council having duly received and considered evidence,
oral and documentary, concerning the jurisdiction facts in this proceeding and
concerning the necessity for the contemplated work and the benefits to be derived
therefrom and said City Council having now acquired jurisdiction to order the proposed
work.
NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does
hereby resolve as follows:
SECTION 1: This City Council hereby finds and determines that notice of the
public hearing has been given and the proceedings for the consideration of the levy of
the annual assessments within each District have been undertaken in accordance with
the 1972 Act.
SECTION 2: The final assessments and diagrams for the proceedings, as
contained in the final Engineer's Reports for each of the Districts, is hereby approved
and confirmed. The assessments for the Districts contained in the Engineer's Reports
for Fiscal Year 2009/2010 are hereby confirmed and levied upon the respective lots or
parcels in the Districts in the amounts as set forth in applicable Engineer's Report.
SECTION 3: This City Council finds and determines that the public interest and
convenience requires the levy and collection of assessments within the Districts for the
Fiscal Year 200912010, and said City Council hereby orders that the work, as set forth
and described in said Resolution of Intention No. 09-097, be done and made.
SECTION 4: The above-referenced diagram and assessment shall be filed in
the Office of the City Clerk. Said diagram and assessment, and the certified copy
thereof, shall be open for public inspection.
SECTION 5: The City Clerk is hereby ordered and directed to immediately file a
certified copy of the diagram and assessment with the County Auditor. Said filing to be
made no later than the 3rd Monday in August.
SECTION 6: After the filing of the diagram and assessment, the County Auditor
shall enter on the County assessment roll opposite each lot or parcel of land the
amount assessed thereupon, as shown in the assessment.
SECTION 7: The assessments shall be collected at the same time and in the
same manner as County taxes are collected, and all laws providing for the collection
and enforcement of County taxes shall apply to the collection and enforcement of the
assessments.
SECTION 8: The assessments as above confirmed and levied for these
proceedings will provide revenue and relate to the fiscal year commencing July 1, 2009
and ending June 30, 2010.
Please see the following page
for formal adoption,certification and signatures
Resolution No. 09-133 — Page 2 of 3
PASSED, APPROVED, AND ADOPTED this 17th day of June 2009.
AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
Donald J. Kurth, M.D., Mayor
ATTEST:
i
nice C. Reynolds, Ci Clerk
I, JANICE C. REYNOLDS, 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 17th day of June 2009.
Executed this 18th day of June 2009, at Rancho Cucamonga, California.
o
nice C. Reynolds, City C erk
Resolution No. 09-133 — Page 3 of 3