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HomeMy WebLinkAboutResolutions - No. 2007-145RESOLUTION NO. 2007-145 A RESOLUTION OF THE LODI CITY COUNCIL ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE LODI CONSOLIDATED LANDSCAPE MAINTENANCE DISTRICT NO. 2003-1, FISCAL YEAR 2007-08 WHEREAS, the City Council has, by previous Resolutions, initiated. proceedings and approved the. Final Engineer's Annual Levy Report (hereafter referred to as the "Report") as presented or amended, which described the assessments against parcels of land within the Lodi. Consolidated Landscape Maintenance District No. 2003-1 (hereafter referred to as the "District") for the fiscal year commencing July 1, 2007 and ending June 30, 2008; 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 WHEF1EAS, The Engineer, NBS Govemment Finance Group DBA 'NBS (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 commending July 1, 2007 and ending June 30, 2008, 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 -4T RESOLVED,- D€TERNNED,AND__QRDERED__BY- THE CITY COUNCIL FOR THE DISTRICT AS FOLLOWS: Section 1. Following notice duly given, the City Council has held a full and fair Public Hearing regarding 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: i) 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. ii) The District includes all of the lands receiving such special benefit. iii) The net amount to be assessed upon the lands within the District in accordance with the costs for the fiscal year commencing July 1, 2007 and ending June 30, 2008 is apportioned by a formula and method, which fairly distributes the net. amount among all eligible parcels in proportion to the estimated special benefit to be received by each parcel from the improvements and services. action 3. The Report and assessment as presented to the City Council and on file 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 trees, public park land, plants and trees, landscaping, irrigation and drainage system s, 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 improvements in a healthy, vigorous, and satisfactory condition. Section 5. The maintenance, operation, and servicing of the landscaping and shall b.e performed pursuant to the Act and the County Auditor of the County of San Joaquin shall enter on the County 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. Section 6. The City Treasurer shall deposit all money representing assessmentscollected 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. Section 7. The adoption of this Resolution constitutes the District levy for .the .fiscal. year commencing July 1, 2007 and ending June 30, 2008, Section 8. The City Clerk is hereby authorized and directed to file the levy with the County Auditor upon adoption of this Resolution. Section 9. A. certified copy of the levy shall be filed in the office of the City Clerk and open -for.Rui31ic inspection, - Dated: July 18, 2007 hereby certify that Resolution No. 2007-145 was passed and adopted by the City Council of the City of Lodi in a regular meeting held July 18, 2007, by the following vote: AYES: COUNCIL MEMBERS — Hansen, Katzakian, Mounce, and Mayor Johnson NOES: COUNCIL MEMBERS —None ABSENT: COUNCIL MEMBERS — Hitchcock ABSTAIN: COUNCIL MEMBERS — None kANDIJOHL City Clerk 2007-145