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HomeMy WebLinkAbout10-048 - Resolutions RESOLUTION NO. 10-048 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE DEANNEXATION OF CERTAIN PROPERTY FROM LANDSCAPE MAINTENANCE DISTRICT NO. 7 AND STREET LIGHTING DISTRICT NO. 7 AS A PRECURSOR TO THE ANNEXATION OF SUCH PROPERTY TO LANDSCAPE MAINTENANCE DISTRICT NO. 8 AND STREET LIGHTING DISTRICT NO. 8 WHEREAS, the City Council of the City of Rancho Cucamonga (the "City Council") has previously formed two (2) special maintenance districts pursuant to the terms of the "Landscaping and Lighting Act of 1972" (the "Act"), which is Division 15, Part 2 of the Streets and Highways Code of the State of California. These special maintenance districts are designated as Landscape Maintenance District No. 7 (South Etiwanda) ("LIVID No. 7") and Street Lighting District No. 7 ("SLD No. 7" and together with LMD No. 7, the "Districts"), respectively; and WHEREAS, the City Council, with the prior consent of the owner of the real property identified as Assessor's Parcel No. 0227-071-17-0000 (the "Property "), ordered the annexation of the Property to the Districts; and WHEREAS, subsequent to the annexation of the Property to the Districts, the Property Owner has requested that the Property be deannexed from the Districts pursuant to the Act, and WHEREAS, as a result of the foregoing, the City Council desires to declare its intention to approve a change of organization of the Districts to deannex the Property from the Districts; and WHEREAS, as permitted pursuant to Section 22699 of the Act, the City Council further desires to dispense with the resolution initiating proceedings to consider such change of organization (the "Resolution Initiating Proceedings") and the report (the "Report") required by Sections 22585 and 22586, respectively, of the Act and the posting and mailing of notice of hearing related to the proposed deannexation. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga, California, does hereby resolve as follows: 1. Declaration of Intention. This City Council hereby declares its intention to order a change of organization of the Districts to deannex the Property therefrom. 2. Dispensing with Resolution and Report. Pursuant to Section 22699, this City Council hereby dispenses with the Resolution Initiating Proceedings and the Report. 3. Notice of Public Hearing. Notice is hereby given that the City Council shall hold a public hearing pertaining to the proposed deannexation of the Property from LIVID No. 7 and SLD No. 7 as a precursor to the annexation of such property to Landscape Maintenance District No. 8 and Street Lighting District No. 8 in accordance with the Landscaping and Lighting Act of 1972. Such public hearing shall be held in the Civic Center Council Chambers, 10500 Civic Center Drive, Rancho Cucamonga, California 91730, on: WEDNESDAY, May 19, 2010 at 7:00 pm or as soon thereafter as may be heard. Any and all interested persons may appear and show cause why the Property should not be deannexed from LMD No. 7 and SLD No. 7. 4. Notice of Public Hearing. Pursuant to Section 22699, this City Council hereby dispenses with the posting and mailing of the notice of public hearing. Notice of the public hearing shall be given by publication pursuant to Sections 22552 and 22553 of the Act. Please see the following page for formal adoption,certification and signatures Resolution No. 10-048 - Page 2 of 3 PASSED, APPROVED, AND ADOPTED this 5`h day of May 2010. AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None V — Donald J. Kurth, M.D., ayor ATTEST: nice C. Reynolds, Ciq 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 5th day of May 2010. Executed this 6`h day of May 2010, at Rancho Cucamonga, California. #nice C. Reynolds, Cify Clerk Resolution No. 10-048 - Page 3 of 3