HomeMy WebLinkAbout18-075 - Resolution RESOLUTION NO. 18-075
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, CONFIRMING THE DIAGRAMS AND
THE ASSESSMENTS; APPROVING THE ANNUAL ENGINEER'S
REPORTS; AND ORDERING THE LEVY AND COLLECTION OF THE
ANNUAL ASSESSMENTS WITHIN STREET LIGHTING MAINTENANCE
DISTRICT NOS. 1, 2, 3, 4, 5, 6, 7 AND 8 FOR FISCAL YEAR 2018/19
WHEREAS, the City Council of the City of Rancho Cucamonga did on the 18th day of July, 2018,
adopt its Resolution of Intention No. 18-0456 (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 Street Lighting Maintenance District Nos. 1, 2, 3, 4, 5, 6, 7 and 8 (each a "District" and
collectively the "Districts") for Fiscal Year 2018/19 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, 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, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY
RESOLVES, 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 2018/19 proposed to be levied within each District as
set forth in the applicable 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 2018/19 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 Annual
Engineer's Report for each of the Districts, is hereby approved and confirmed. The assessments for the
Districts contained in the Annual Engineer's Reports for Fiscal Year 2018/19 are hereby levied upon the
respective lots or parcels in the Districts in the amounts as set forth in the applicable Annual Engineer's
Report.
SECTION 3. This City Council hereby orders that the work, as set forth and described in the
Resolution No. 18-075— Page 1 of 3
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 2018.
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, 2018 and ending June 30, 2019.
PASSED, APPROVED, AND ADOPTED this 1st day of August, 2018.
Resolution No. 18-075— Page 2 of 3
L. en is Michael, Mayor
ATTEST:
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STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF RANCHO CUCAMONGA )
I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby
certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of
the City of Rancho Cucamonga, at a Regular Meeting of said Council held on the lstday of August
2018.
AYES: Alexander, Kennedy, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
Executed this 2nd day of August, 2018, at Rancho Cucamonga, California.
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Resolution No. 18-075— Page 3 of 3