HomeMy WebLinkAboutResolutions - No. 2005-167RESOLUTION NO. 2005-167
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LODI, COUNTY OF
SAN JOAQUIN, DECLARING ITS INTENTION TO ANNEX TERRITORY INTO
THE LODI CONSOLIDATED LANDSCAPE MAINTENANCE ASSESSMENT
DISTRICT NO. 2003-1 AND TO PROVIDE FOR THE LEVY AND COLLECTION
OF ASSESSMENTS IN SUCH ANNEXATION, SETTING A TIME AND PLACE
FOR A PUBLIC HEARING THEREON, AND ORDERING THE INITIATION OF
ASSESSMENT BALLOT PROCEDURES
WHEREAS, the City Council of the City of Lodi, pursuant to the terms of the Landscape
and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code
(commencing with Section 22500) (the "1972 Act'), Article XIIID of the Constitution of the State
of California ("Article )(MIID') and the Proposition 218 Omnibus Implementation Act (Government
Code Section 53750 and following) (the "Implementation Act') (the 1972 Act, Article X111D and
the Implementation Act are referred to collectively as the "Assessment Law"), did, by Resolution
No. 2005-168, initiate proceedings to annex certain territory into a special assessment district
and ordered the preparation of an Engineer's Report for the levy of assessments within such
proposed annexation, such special assessment district annexation known and designated as
the "Lodi Consolidated Landscape Maintenance Assessment District No. 2003-1" (the "District").
The areas proposed to be annexed will become Zones within the District. Such Zones shall be
known and designated as:
ZONE 8 — VINTAGE OAKS
ZONE 9 -- INTERLAKE SQUARE
ZONE 10 -- LAKESHORE PROPERTIES
ZONE 11 -T TATE PROPERTY
ZONE 12 — WINCHESTER WOODS
WHEREAS, at this time the City Council desires to declare its intention to annex such
territory into the District and to provide for the levy of assessments for the next ensuing fiscal
year to provide for the costs and expenses necessary to pay for the maintenance of the
Improvements (defined below) in such District; and
WHEREAS, there has been presented and preliminarily approved by this City Council
the Engineer's Report, as required by the Assessment Law.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1 Recitals: The above recitals are all true and correct.
SECTION 2 Declaration of Intention: The public interest and convenience requires, and it is
the intention of the City Council, to order the annexation of the above described territory into the
District and to levy and collect assessments to pay the annual costs and expenses for the
maintenance and/or servicing of all of the Improvements for the District. Such Improvements
and the maintenance and servicing of such Improvements are generally described as:
The improvements include: masonry walls, ground cover, shrubs, plants and
trees, irrigation systems, insect/disease control, graffiti removal, and associated
appurtenant facilities.
The maintenance of the Improvements shall include the furnishing of services
and materials for all necessary service, operations, administration and
maintenance required to keep the improvements in a healthy, vigorous, and
satisfactory condition.
SECTION 3 Boundaries of District: The Improvements are of special benefit to the properties
within the boundaries of the District. The City Council previously declared the boundaries to
encompass the area specially benefited by such improvements, and for particulars, reference is
made to the assessment diagram as previously approved by the City Council, a copy of which is
on file in the Office of the City Clerk and open for public inspection, and is designated by the
name of this District.
SECTION 4 Report of Assessment Engineer: The Engineers Report, as preliminarily
approved by the City Council is on fife with the City Clerk and open for public inspection.
Reference is made to such Report for a full and detailed description of the Improvements to be
maintained, the boundaries of the District and any zones therein, and the proposed
assessments upon assessable lots and parcels of land within the District.
SECTION 5 Public Meeting and Public Hearing_; Notice is hereby given that a Public Meeting
is hereby scheduled to be held at 305 West Pine Street, Lodi, California, on September 21,
2005, at 7:00 p.m.
All interested persons shall be afforded the opportunity to hear and be heard. The City Council
shall consider all oral statements and all written communications made or filed by any interested
persons.
Notice is hereby given that a Public Hearing is hereby scheduled to be held at 305 West Pine
Street, Lodi, California, on October 5, 2005, at 7:00 p.m.
Alf interested persons shall be afforded the opportunity to hear and be heard. The City Council
shall consider all oral statements and all written communications made or filed by any interested
persons. The City Council shall, at the conclusion of the Public Hearing, also determine whether
assessment ballots submitted pursuant to the Assessment Law in opposition to the proposed
assessments within the District exceed assessment ballots submitted in favor of such proposed
assessments.
RIGHT TO SUBMIT ASSESSMENT BALLOT
Pursuant to the provisions of the Assessment Law, each record owner of property proposed to
be assessed has the right to submit an assessment ballot in favor of or in opposition to the
proposed assessment.
Assessment ballots will be mailed to the record owner of each parcel located within the District
and subject to a proposed assessment. Each such owner may complete such assessment
ballot and thereby indicate their support for or opposition to the proposed assessment. All such
assessment ballots may be delivered by mail or personal delivery to the City Clerk at the
following address at or before 5:00 p.m. on October 5, 2005:
City Clerk
City of Lodi
221 West Pine Street
Lodi, California 95240
After 5:00 p.rn, on October 5, 2005, assessment ballots may be delivered to the City Clerk only
at the location of the Public Hearing given above (305 W. Pine Street, Lodi, CA).
All assessment ballots must be received by the City Clerk prior to the time that the Public
Hearing is closed. An assessment ballot which is delivered by mail with a postmark, which is
prior to the date and time of the Public Hearing but which is not received by the City Clerk until
after the Public Hearing is closed, will not be counted.
At the conclusion of the Public Hearing, the City Council shall cause the assessment ballots
timely received to be tabulated. If a majority protest exists, the City Council shall not impose an
assessment within the District, A majority protest exists if, upon the conclusion of the Public
Hearing, assessment ballots submitted in opposition to the assessments within the District
exceed the assessment ballots submitted in favor of such assessments. in tabulating the
assessment ballots, the assessment ballots shall be weighted according to the proportional
financial obligation of the affected property.
SECTION 6 Notice: The City Clerk is hereby directed to mail notice pursuant to the
Assessment Law of the Public Hearing and assessment ballot proceedings and the adoption of
the Resolution of Intention and of the filing of the Assessment Engineer's Report, together with
the assessment ballot rnaterials, to the record owners of all real property proposed to be
assessed.
SECTION 7 Proceedings Inquiries: The following staff person is designated to respond to all
inquiries for any and all information relating to the proposed District and these proceedings,
including the assessment ballot procedure:
RICK CLARK
NBS
41661 ENTERPRISE CIRCLE N. #225
TEMECULA, CA 92590
TELEPHONE: 800-676-7516
Dated: August 17, 2005
I hereby certify that Resolution No. 2005-167 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held August 17, 2005, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Hitchcock, Johnson, Mounce, and
Mayor Beckman
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
SUSAN J. BLACKSTON
City Clerk
2005-167