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HomeMy WebLinkAbout11-138 - Resolutions RESOLUTION NO. 11-138 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT, APPROVING THE ANNUAL ENGINEER'S REPORT AND PROVIDING FOR THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN PARK AND RECREATION IMPROVEMENT DISTRICT NO. PD-85 FOR FISCAL YEAR 2011/2012 PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972 WHEREAS, the City Council of the City of Rancho Cucamonga did on the 6th day of July, 2011, adopt its Resolution of Intention No.11-101 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 2011/2012 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, 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 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 diagram for the proceedings, as contained in the final Engineer's Report for the District, are hereby approved and confirmed. The assessments for the District contained in the Engineer's Report for Fiscal Year 2011/2012 are hereby confirmed and levied upon the respective lots or parcels in the District 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 District for the Fiscal Year 2011/2012, and said City Council hereby orders that the work, as set forth and described in said Resolution of Intention No. 11-101, 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, 2011 and ending June 30, 2012. Please see the following page for formal adoption,certification and signatures Resolution No. 11-138 - Page 2 of 3 PASSED, APPROVED, AND ADOPTED this 3`d day of August 2011. AYES: Alexander, Buquet, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None za�6� L. Dennis Michael, Mayor ATTEST: lam. gw7t�-"J/Z' 'nice C. Reynolds, City Verk 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 3rd day of August 2011. Executed this 4`h day of August 2011, at Rancho Cucamonga, California. J e C. Reynolds, City erk Resolution No. 11-138 - Page 3 of 3