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HomeMy WebLinkAboutResolutions - No. 2006-124RESOLUTION NO. No. 2006-124 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LORI, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE LORI CONSOLIDATED LANDSCAPE MAINTENANCE DISTRICT NO. 2003-1, FISCAL YEAR 2006407 The City Council: of the City of Lodi (hereafter referred to as the "City Council") does resolve as. WHEREAS, the City Council has by previous Resolutions initiated proceedings, approved ..th,- Final Engineer's Annual Levy Report (hereafter referred to as the "Reporf') as presented or. arnended which described. the assessments against parcels of land within the Lodi Consolidated.. Lanos ca pe Maintenance District No. 2003-1 (hereafter referred to as the "District") for the fiscal year. commencing July 1, 2006 and ending June 30, 2007; pursuant to the provisions of the Landscape .and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) (hereafter referred, to as the "Act") to pay the costs and expenses of operating, maintaining and servicing the improvements located within the District; and WHEREAS, the Engineer, NBS Government Finance Group DBA (hereafter referred to as "NBS."), selected by the City Council has prepared and filed with the City Clerk, and the City Clerk has presented to the City Council, a Report in connection with the proposed levy and collection upon eligible parcels of land within the District, and the City Council did by previous Resolution approve such Report; and WHEREAS, the City Council desires to levy and collect assessments against parcels of land within the District for the fiscal year commencing July 1, 2006 and ending June 30, 2007, to pay the .costs and expenses of operating, maintaining, and servicing the improvements within the District, and WHEREAS, the assessments are in compliance with all laws pertaining to the levy of the landscape maintenance district assessments, and the assessments are levied without regard to property valuation, and the assessments are in compliance with the provisions of Prop 218. NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE DISTRICT, AS FOLLOWS- _Sectign 1. Following notice duly given, the City Council has held a full and fair Public Hearing reg . arding its Resolution Approving and or Amending the Final Engineer's Annual Levy Report prepared in connection therewith; the levy and collection of assessments, and considered all oral and written statements, protests and communications made or filed by interested persons. _Section 2, Based upon its review (and amendments, as applicable) of the Final Engineer's Annual Levy Report, a copy of which has been presented to the City Council and which has been filed with the City Clerk, the City Council hereby finds and determines that: The land within the District will receive special benefit by the operation, maintenance, and servicing of landscaping, lighting, and appurtenant facilities within the boundaries of the District. The District includes all of the lands receiving such special benefit. iii) The not amount to be assessed upon the lands within the District in accordance with the costs for the fiscal year commencing July 1, 2006 and ending June 30, 2007 is apportioned by a formula and method which fairly distributes the net amount among ail eligible parcels in proportion to the estimated special benefit to be received by each parcel from the improvements and services. fiction 3. The Deport and assessment as presented to the City Council and on filo in the office of the City Clerk are hereby confirmed as filed. Section 4. The City Council hereby orders the proposed improvement services be performed The improvements within the District may include, but are not limited to: street parkway tree, public park land, plants and trees, landscaping, irrigation and drainage systems, maintenance of pedestrian walkways, graffiti removal, maintenance and rebuilding of masonry walls, and associated' appurtenances within the public right-of-ways or specific easements. Services provided include all necessary service, operations, administration, and maintenance required to keep the improvement in a healthy, vigorous and satisfactory condition. Section 5. The maintenance, operation, and servicing of the landscaping shall be performed pursuant to the Act and the County Auditor of the County of Sari Joaquin shall enter on the Count Assessment Roll opposite each parcel of land the amount of levy, and such levies shall be collected at the same time and in the same manner as the County taxes are collected. After collection by the County, the net amount of the levy shall be paid to the City Treasurer. ggfon 6. The City Treasurer shall deposit all money representing assessments collected by the County of San Joaquin for the District to the credit of a fund for the Lodi Consolidated Landscape Maintenance District No. 2003-1, and such money shall be expended only for the maintenance, operation, and servicing of the landscaping, lighting and appurtenant facilities as described in Section 4. lection 7. The adoption of this Resolution constitutes the District levy for the Fiscal Year commencing duly 1, 2006 and ending June 30, 20070 Section S. The City Clerk is hereby authorized and directed to file the levy with the County Auditor upon adaption of this Resolution. Section 5. A certified copy of the levy shall be filed in the office of the City Clerk and open for public inspection. Dated: June 21, 2006 I hereby certify that Resolution No. 2006-124 was passers and adapted by the Lodi City Council in a regular meeting held June 21, 2006 by the following vote: AYES, COUNCIL MEMBERS — Beckman, Hansen, Johnsen, Mounce, and Mayor Hitchcock NOES., COUNCIL. MEMBERS — None ABSENT, COUNCIL MEMBERS — done ABSTAIN: COUNCIL MEMBERS -- Nano nterirn City Clerk 2066-124