HomeMy WebLinkAbout10-128 - Resolutions RESOLUTION NO.10-128
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA,TO LEVY AND COLLECT
ASSESSMENTS WITHIN THE PARK AND RECREATION
IMPROVEMENT DISTRICT NO. PD-85(HERITAGE AND RED HILL
COMMUNITY PARKS) FOR THE FISCAL YEAR 2010-2011
PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972
WHEREAS, the City Council of the City of Rancho Cucamonga did on the 16th day of June,
2010, adopt its Resolution of Intention No. 10-096 (the "Resolution of Intention") pursuant to the
Landscaping and Lighting Act of 1972, as amended (the"1972 Act"), declaring its intention to levy
and collect assessments within the Park and Recreation Improvement District for Fiscal Year 2010-
2011 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(each, an"Annual Engineer's Report"and collectively,the"Annual Engineer's
Reports") for each District as required pursuant to Article 4 of Chapter 1 of the 1972 Act, Article
XIIID of the Constitution of the State of California ("Article XIIID") and the Proposition 218 Omnibus
Implementation Act(Government Code Section 53750 and following) (the"Implementation Act") (the
1972 Act, Article XIIID and the Implementation Act are referred to collectively as the"Assessment
Law'); and
WHEREAS, notice of such public hearing was duly and legally published in the time, form
and manner as required by the Assessment 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 contemplation work and the benefits to be derived therefrom and said City Council having now
acquired jurisdiction to order the proposed work.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED by the City Council of the
City of Rancho Cucamonga, as follows:
SECTION 1. This City Council hereby finds and determines that:
a. notice of the public hearing has been given and the proceedings for the
consideration of the levy of the annual assessments within the District have been undertaken in
accordance with the 1972 Act; and
b. the annual assessments for Fiscal Year 2010-11 proposed to be levied within the
District as set forth in the applicable Annual Engineer's Report do not exceed the annual
assessments as previously authorized to be levied within such District and,therefore, the proposed
levy of assessments for Fiscal Year 2010-2011 within such District are not deemed to be"increased"
over the maximum authorized annual assessments.
SECTION 2. The final assessments and diagram for the proceedings, as contained in the
Annual Engineer's Report for the District, is hereby approved and confirmed. The assessments for
the District contained in the Annual Engineer's Reports for Fiscal Year 2010-2011 are hereby levied
upon the respective lots or parcels in the District in the amounts as set forth in applicable Annual
Engineer's Report.
SECTION 3. This City Council hereby orders that the work, as set forth and described in the
Resolution of Intention, 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. Such filing shall be made no later
than the 3rd Monday in August 2010.
SECTION 6. Afterthe 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 forthese proceedingswill
provide revenue and relate to the fiscal year commencing July 1, 2010 and ending June 30, 2011.
Please see the following page
for formal adoption,certification and signatures
Resolution No. 10-128 - Page 2 of 3
PASSED, APPROVED, AND ADOPTED this 21st day of July 2010.
AYES: Gutierrez, Michael, Spagnolo, Williams
NOES: None `
ABSENT: Kurth
ABSTAINED: None
L. Denni ichael, May"r
Pro Te
ATTEST:
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Janice C. Reynold City 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 21st day of July 2010.
Executed this 22nd day of July 2010, at Rancho Cucamonga, California.
Jane C. Reynolds, City Clerk
Resolution No. 10-128 - Page 3 of 3