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Home My WebLink About00-085 - Resolutions RESOLUTION NO. 00-085 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR DR 99-53 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California, said special maintenance district known and designated as Landscape Maintenance District No. 3B, Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District No. 6 referred to collectively as the "Maintenance Districts"); and WHEREAS,the provisions of Article 2 of Chapter 2 of the"Landscaping and Lighting Act of 1972" authorize the annexation of additional territory to the Maintenance Districts; and WHEREAS, such provisions also provide that the requirement for the preparation resolutions, an assessment engineer's report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and WHEREAS, notwithstanding that such provisions of the 1972 Act related to the annexation of territory to the Maintenance District, Article XIIID of the Constitution of the State of California ("Article XIIID") establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the Maintenance Districts on the territory proposed to be annexed to such districts; and WHEREAS, the owners of certain property described in Exhibit A attached hereto and incorporated herein by this reference have requested that such property (collectively, the "Territory") be annexed to the Maintenance Districts in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto(the "Improvements'); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property" (the "Consent and Waiver'); and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the 1972 Act to the annexation of the Territory to the Maintenance Districts and have expressly consented to the annexation of the Territory to the Maintenance Districts; and Resolution No. 00-085 Page 2 of 6 WHEREAS,by such Consent and Waiver,all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the 1972 Act and/or Article XI I ID applicable to the authorization to the levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization of levy such proposed annual assessment set forth in Exhibit C attached hereto; and WHEREAS, at this time the City Council desires to order the annexation of the Territory to the Maintenance Districts and to authorize the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit B hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are all true and correct. SECTION 2: The City Council hereby finds and determines that: a. The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the Improvements. b. The proportional special benefit derived by each parcel in the Territory from the Improvements has been determined in relationship to the entirety of the cost of the maintenance of the Improvement. c. Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments. SECTION 3: This legislative body hereby orders the annexation of the Territory to the Maintenance Districts, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit B. SECTION 4: All future proceedings of the Maintenance Districts, including the levy of all assessments, shall be applicable to the Territory. Please see the following page for formal adoption and signatures Resolution No. 00-085 Page 3 of 6 PASSED, APPROVED,AND ADOPTED this 17`h day of May 2000. AYES: Alexander, Biane, Curatalo, Dutton, Williams NOES: None ABSENT: None ABSTAINED: None William J. A ander, Mayor ATTEST: Debra J. Ada , CMC, City Clerk I, DEBRA J.ADAMS,CITY CLERK of the Cityof 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 17`h day of May 2000. Executed this 18th day of May 2000, at Rancho Cucamonga, California. D bra J. Adarbe, CMC, City Clerk Resolution No. 00-085 Page 4 of 6 EXHIBIT"A" ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 38 STREET LIGHTING MAINTENANCE DISTRICT NOS. I AND 6 W m Z Q W Y _J 7th STRE T I BTiPEET TiPEES /B EA. CITY OF RANCHO CUCAMONGA NORTH COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA OR 9-69 Resolution No. 00-085 Page 5 of 6 EXHIBIT"B" WORKPROGRAM PROJECT: DR 99-53 STREET LIGHTS: NUMBER OF LAMPS Dist. 5800L 9500L 16,000L 22,000L 27,500L S1 - S6 4- LANDSCAPING: Community Equestrian Trail Turf Non-Turf Trees Dist. D.G.S.F. S.F. S.F. Ea. L38 16 Existing items installed with original project. ASSESSMENT UNITS: Assessment Units By District Parcel Acres S1 S6 1-313 N/A 5.72 11.44 5.72 5.72 Annexation Date: May 17, 2000 Resolution No. 00-085 - - - - Page 6 of 6 Aif'iPOW lPOUTE- + METRO[/NK JJ 'Of f3 a S/TE x L 7U Sj 7 6TH STREET N CITY OF rmL. D� 99-53 RANCHO CUCAMONGA nTL& �rc�ivirr MgP ENGDMEMG DIVISION KXMB T: