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HomeMy WebLinkAbout10-129 - Resolutions RESOLUTION NO. 10-129 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CONFIRMING THE DIAGRAMS AND THE ASSESSMENTS AND ORDERING THE LEVY AND COLLECTION OF THE ANNUAL ASSESSMENTS WITHIN STREET LIGHTING MAINTENANCE DISTRICTS NOS. 1 THROUGH 8, INCLUSIVE, FOR THE FISCAL YEAR 2010- 2011 WHEREAS, the City Council of the City of Rancho Cucamonga did on the 16th day of June, 2010, adopt its Resolution of Intention No. 10-099 (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 Street Lighting Maintenance Districts Nos. 1 through 8, inclusive, (each, a "District" and collectively, the "Districts") 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, subsequent to the preliminary approval of the Annual Engineer's Reports, the Assessment Engineer revised each of the Annual Engineer's Reports (each, a "Revised Annual Engineer's Report" and collectively, the "Revised Annual Engineer's Reports") to add to such reports information regarding the annexations, if any, to each applicable District during Fiscal Year 2009-2010 and to make certain other insubstantial formatting revisions to the summary of assessments and the District budgets that did not result in an increase of the expenditure budget for the Districts, or any one of them, or the aggregate assessments or any individual assessment proposed to be levied within the Districts, or any one, of them; 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 contemplated 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 each 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 each District as set forth in the applicable Revised 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 Revised Annual Assessment Engineer's Report for each District is hereby approved final assessments and diagrams for the proceedings, as contained in the Revised Annual Engineer's Report for each of the District, is hereby approved and confirmed. The assessments for the Districts contained in the Revised Annual Engineer's Reports for Fiscal Year 2010-2011 are hereby levied upon the respective lots or parcels in the Districts in the amounts as set forth in applicable Revised 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. 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, 2010 and ending June 30, 2011. Please see the following page for formal adoption,certification and signatures Resolution No. 10-129 - 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. Dennis Michael, M r Pro em ATTEST: I J ice C. Reynolds, 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 2V' day of July 2010. Executed this 22nd day of July 2010, at Rancho Cucamonga, California. /q �v Janic' C. Reynolds, ity Irk Resolution No. 10-129 - Page 3 of 3