HomeMy WebLinkAbout11-160 - Resolutions RESOLUTION NO. 11-160
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, CONFIRMING THE
DIAGRAM AND ASSESSMENTS, APPROVING THE ANNUAL
ENGINEER'S REPORT AND ORDERING THE LEVY AND
COLLECTION OF ASSESSMENTS FOR LANDSCAPE
MAINTENANCE DISTRICT NO. 6-R FOR FISCAL YEAR 2011-
2012.
WHEREAS, the City Council of the City of Rancho Cucamonga did on the 17th day of
August, 2011, adopt its Resolution of Intention No. 11-143 (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 District No. 6-R, (a
"District") 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 District; and
WHEREAS, the City Council previously received and preliminarily approved a report of
the Assessment Engineer (an "Annual Engineer's Report") for the 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 Report,
the Assessment Engineer revised the Annual Engineer's Report (a "Revised Annual Engineer's
Report") to add to such report information regarding the annexations, if any, to the District
during Fiscal Year 2010-2011 and to make certain other insubstantial formatting revisions to the
summary of assessments and the District budget that did not result in an increase of the
expenditure budget for the District, or the aggregate assessments or any individual assessment
proposed to be levied within the District, 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 the District has been undertaken in
accordance with the 1972 Act; and
b. the annual assessments for Fiscal Year 2011-12 proposed to be levied within
the District as set forth in the 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 diagram for the proceedings, as contained in
the Revised Annual Engineer's Report for the District, is hereby approved and confirmed. The
assessments for the District contained in the Revised Annual Engineer's Report for Fiscal Year
2011-2012 are hereby levied upon the respective lots or parcels in the District in the amounts
as set forth in the 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.
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,certification and signatures
Resolution No. 11-160 - Page 2 of 3
PASSED, APPROVED, AND ADOPTED this 7`h day of September 2011.
AYES: Alexander, Buquet, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
L. De nis ichael, May
ATTEST:
J / � )11� o'
./� Jani a C. Reynolds, Cit Jerk
I� 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 September 2011.
Executed this 8`h day of September 2011, at Rancho Cucamonga, California.
U J ice C. Reynol s, City Clerk
Resolution No. 11-160 - Page 3 of 3