HomeMy WebLinkAbout11-137 - Resolutions RESOLUTION NO. 11-137
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, CONFIRMING THE
DIAGRAMS AND ASSESSMENTS, APPROVING THE ANNUAL
ENGINEER'S REPORTS AND ORDERING THE LEVY AND
COLLECTION OF THE ANNUAL ASSESSMENTS WITHIN
LANDSCAPE MAINTENANCE DISTRICT NO'S. 1, 3A, 313, 4-R,
5, 7, 8, 9 AND 10 FOR FISCAL YEAR 2011/2012.
WHEREAS, the City Council of the City of Rancho Cucamonga did on the 6th day of
July, 2011, adopt its Resolution of Intention No. 11-098 (the "Resolution of Intention") 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, 3A,
3B, 4-R, 5, and 7 through 10, inclusive (each a "District" and collectively the "Districts") 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 (each an "Annual Engineer's Report" and collectively the "Annual
Engineer's Reports") for each District as required pursuant to Article 4 of Chapter 1 of the 1972
Act, Article XIIID of the Constitution of the State of California ("Article XIIID") and the
Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following)
(the "Implementation Act") (the 1972 Act, Article XIIID and the Implementation Act are referred
to collectively as the "Assessment Law"); and
WHEREAS, subsequent to the preliminary approval of the Annual Engineer's Reports,
the Assessment Engineer revised each of the Annual Engineer's Reports (each a 'Revised
Annual Engineer's Report" and collectively the "Revised Annual Engineer's Reports") to add to
such reports information regarding the annexations, if any, to each applicable District during
Fiscal Year 2011-2012 and to make certain other insubstantial formatting revisions to the
summary of assessments and the District budgets that did not result in an increase of the
expenditure budget for the Districts, or any one of them, or the aggregate assessments or any
individual assessment proposed to be levied within the Districts, or any one, of them; and
WHEREAS, notice of such public hearing was duly and legally published in the time,
form and manner as required by the Assessment 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:
a. 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; and
b. the annual assessments for Fiscal Year 2011/2012 proposed to be levied
within each District as set forth in the applicable Revised Annual Engineer's Report do not
exceed the annual assessments as previously authorized to be levied within such District, and
therefore, the proposed levy of assessments for Fiscal Year 2011/2012 within such District are
not deemed to be "increased" over the maximum authorized annual assessments.
SECTION 2. The final assessments and diagrams for the proceedings, as contained in
the Revised Annual Engineer's Report for each of the Districts, is hereby approved and
confirmed. The assessments for the Districts contained in the Revised Annual Engineer's
Reports for Fiscal Year 2011/2012 are hereby levied upon the respective lots or parcels in the
Districts in the amounts as set forth in the applicable Revised Annual Engineer's Report.
SECTION 3. This City Council hereby orders that the work, as set forth and described
in the Resolution of Intention, 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. Such filing shall be
made no later than the 3rd Monday in August 2011.
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,cerflgcafion and signatures
Resolution No. 11-137 - Page 2 of 3
PASSED, APPROVED, AND ADOPTED this 3I day of August 2011.
AYES: Alexander, Buquet, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
L. nnis Michael, Mayor
ATTEST:
QliLf' Z-
J ice C. Reynolds, City 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 3r day of August 2011.
Executed this 4`h day of August 2011, at Rancho Cucamonga, California.
J ce C. Reynolds, City Clerk
Resolution No. 11-137 - Page 3 of 3