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HomeMy WebLinkAbout09-135 - Resolutions RESOLUTION NO. 09-135 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CONFIRMING THE DIAGRAMS AND THE ASSESSMENTS AND PROVIDING FOR THE LEVY AND COLLECTION OF THE ANNUAL ASSESSMENTS WITHIN LANDSCAPE MAINTENANCE DISTRICTS NOS. 1, 2, 3A, 313, 4, 5, 6, 7, 8, 9 AND 10 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. 09-095 pursuant to the Landscaping and Lighting Act of 1972, as amended (the "1972 Act"), declaring its intention to levy and collect assessments within Landscape Maintenance Districts Nos. 1, 2, 3A, 3B, 4, 5, 6, 7, 8, 9 and 10 (each, a "District" and collectively, the "Districts") 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 (each, an "Engineer's Report" and collectively, the "Engineer's Reports") for each District 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 2009/2010, and said City Council hereby orders that the work, as set forth and described in said Resolution of Intention No. 09-095, 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. 09-135— 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. Kurt1f, M.D., Mayor ATTEST: / i 61 nice C. Reynolds, ` y 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. dz)) 1/ 4 e-p 4'wo�l ice C. Reynolds, City Jerk Resolution No. 09-135 — Page 3 of 3