HomeMy WebLinkAboutResolutions - No. 2005-216WHEREAS, the City Council of the City of Lodi has initiated proceedings for the annexation
of territory and levy of annual assessments in. a special maintenance district created pursuant to the
terms of the "Landscaping and Lighting Act of 1972," being Division 1, hart 2, of the Streets and
Highways Code of the State of California (the "1972 Act"), Article XlllD of the Constitution of the
State of California ("Article X110"), and the Proposition 218 Omnibus Implementation Act
(Government Code. ection, 53750 and following) (the "Implementation Act') (the 1972 Act, Article
XIBID, and the Implementation Act may be referred to collectively herein as the "Assessment Law"),
such special assessment district annexation known and designated as City of Lodi Consolidated
Landscape Maintenance 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
WHEREAS, the City Council did order and subsequently receive a report prepared by NS a
(the "Asses ent Engineer") prepared in accordance with the Assessment Law (the "Engineer's
Annexation and Annual levy Report"), and.
WHEREAS, the City Council has carefully examined and reviewed the Report as presented
and is satisfied with the proposed annexation, each and all of the budgets items and documents as
set forth therein, and is satisfied that the levy amounts have been spread in accordance with the
special benefit received from the improvements, operation, maintenance, and services to be
performed within the District, as set forth in said Report, and
WH REAS., the City Council did set the time and place for a public hearing to consider the
proposed District acid the authorization to levy annual assessments therein and did order that notice
of such public hearing accompanied by assessment ballots be given to the record owners of
property within the proposed District in accordance with the provisions of the Assessment Law; and
WHEREAS, notice of such public hearing accompanied by assessment ballots were mailed
to the record owners of property within the proposers District in accordance with the provisions of the
Assessment Law.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION i . B CITAL : The above recitals are all true and correct.
SECTION 2. RBQ!ZE1R�,;:This City Council hereby finds and determines that the procedures
for the consideration of the levy of the assessments have been undertaken in
accordance with the Assessment Law,
SECTION 3. Assessment ballots were mailed as
required by Assessment Law to the record owners of all properties within the District,
which are proposed to be assessed. The assessment ballots that were completed
and received by the City Clerk prior to the close of the public hearing have been
tabulated in accordance with the procedures established by Assessment Law and
this City Council, and the results of such tabulation have been submitted to this City
Council.
This City Council hereby finds that the assessment ballots submitted in favor of the
levy . of assessments as weighted in accordance with Assessment Law exceed the
assessment ballots submitted in opposition to such levy also as weighted in
accordance With Assessment Law. Therefore, no majority protest to the levy of
assessments within the District has been found to exist.
SECTION 4. This City Council hereby orders the annexation of
to . rritory into the District,
SECTION 5.2E.TERMINATION AND CONFIR.MATION: Based upon the Assessment Engineer's
Report and t . he test . imony and
d other ed . ence presented at the public hearing, the
City Council hereby makes the following determinations regarding the assessments
proposed to be imposed for Fiscal Year 2006-07 and the maximum annual
assessments proposed to be imposed to pay for the estimated costs of the
maintenance of all of the improvements to ultimately be maintained upon the
completion and acceptance of thereof:
& The proportionate special benefit derived by each individual parcel assessed
has been determined in relationship to the entirety of the cost of the
operations and maintenance expenses.
b. The assessments do not exceed the reasonable cost of the proportional
special benefit conferred on each parcel.
C. Only the special benefits have been assessed.
The assessments for the District contained in the Assessment Engineer's Report for
Fiscal Year 2006-07 are hereby confirmed and levied upon the respective lots or
pg.[ . rcels in the District in the amounts as set forth in such Final Assessment
Engineer's Deport. Subsequent annual assessments in amounts not to exceed the
maximum annual assessment of the estimated costs of the maintenance of all of
the improvements to ultimately be maintained upon the completion and acceptance
thereof as set forth in the Final Assessment Engineer's Report may be
subsequently confirmed and levied without further assessment ballot proceedings
pursuant to the Assessment Law. As of December of each fiscal year after the
base year (Fiscal Year 2006-07), the maximum amount of each assessment (the
"Maximum Assessment") shall be increased by the greater of 5% or C.P.l. without
further compliance with the assessment ballot procedures required under the
Assessment Law.
SECTION 6. The "report" as presented, consists of the
following:
A. Description of Improvements,
B. The Annual Budget (Costs and Expenses of Services, Operations and
Maintenance)
C. The District Roll containing the Fiscal Year 2006-07 Levy for each Assessor
Parcel within the District.
This City Council hereby finds the Engineer's Report to be satisfactory, approved
and ordered: to be filed in the Office of the City Clerk as a permanent record and to
remain open to public inspeotion.
SECTION 7. ORDERING _OFMAINTENANCE. The public interest and convenience requires and
this legislative b . ody does hereby order the maintenance work to be made and
performed as said maintenance work is set forth in the Final Assessment Engineer's
Report.
SECTION 8. FILING WITH CITY CLERK: 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 9. The City Clerk is hereby ordered and
directed to immediately file a certified copy of the diagram and assessment with the
County Auditor. Said filing to be made no later than the 3rd Monday in August.
SECTION 10. 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 11 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 12. E!aQ&YAR 2QQ§tQZ: The assessments as above confirmed and levied for these
proc e . edin gs will provide revenue to finance the maintenance of authorized
improvements in the fiscal year commencing July 1, 2006 and ending June 30, 2007.
Dated: October 5, 2005
I hereby certify that Resolution No. 2005-216 was passed and adopted by the City Council of
the City of Lodi in a regular meeting held October 5, 2005, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Johnson, Mounce, and Mayor Beckman
NOES: COUNCIL MEMBERS ® None
ABSENT., COUNCIL MEMBERS — Hitchcock
ABSTAIN: COUNCIL MEMBERS — None
SUSAN J. BLACKSTON
City Clerk