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HomeMy WebLinkAbout09-202 - Resolutions RESOLUTION NO. 09-202 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE FORMATION OF A LANDSCAPE MAINTENANCE DISTRICT TO BE KNOWN AND DESIGNATED AS LANDSCAPE MAINTENANCE DISTRICT NO. 8-R, TO REPLACE LANDSCAPE MAINTENANCE DISTRICT NO. 8, THE LEVY OF ANNUAL ASSESSMENTS THEREIN AND ORDERING THE PREPARATION OF AN ASSESSMENT ENGINEER'S REPORT WHEREAS, on November 1, 1989 by Resolution No. 89-537, the City Council of the City of Rancho Cucamonga ("City"), State of California, under the Landscaping and Lighting Act of 1972 ("1972 Act") established Landscape Maintenance District known and designated as "Landscape Maintenance District No. 8", (hereafter referred to as "LMD 8"); and WHEREAS, on August 5, 2009, the City Council, under the 1972 Act, Article XIIID of the Constitution of the State of California ("Article XIIID") and the Proposition 218 Omnibus Implementation Act ("Proposition 218"), (the 1972 Act, Article XIIID and Proposition 218 are collectively referred to as the "Assessment Law"), approved the commencement of Proposition 218 procedures for the formation of Landscape Maintenance District No. 8-R ("LMD 8-13") to replace LMD 8 and the levy of assessments within LMD 8-R, so that property owners may approve increased funding for the maintenance of improvements; and WHEREAS, if the levy of the proposed assessments within LMD 8-R are not approved by the property owners, the existing LMD 8 remains in place and the City may continue to adjust services to match the revenues provided by the existing LMD 8 assessments; and WHEREAS, the City Council has retained NBS for the purpose of assisting with the proposed assessments to be levied in LMD 8-R and to prepare and file a report for LMD 8-R with the City Clerk in accordance with Assessment Law. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga, DOES HEREBY RESOLVE as follows: 1. The City Council hereby proposes to form LMD 8-R to replace LMD 8 and to levy assessments within LMD 8-R to pay for increased costs to service and maintain improvements within LMD 8-R. All maintenance and service items are detailed in the Engineer's Report. 2. The City Council hereby orders NBS to prepare and file with the City Clerk the Engineer's Report concerning the proposed assessments within LMD 8-R, which will take effect for Fiscal Year 2010/11 and subsequent years, if approved by the property owners, in accordance with the requirements of the Assessment Law. Please see the following page for formal adoption,certification and signatures PASSED, APPROVED, AND ADOPTED this 71 day of October 2009. AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None v onald J. Kurth; , Mayor ATTEST: nice C. Reynolds, City Jerk 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 7`h day of October 2009. Executed this 8`h day of October 2009, at Rancho Cucamonga, California. nice C. Reynolds, City Ci6rk Resolution No. 09-202 - Page 2 of 2