HomeMy WebLinkAboutResolutions - No. 2007-28RESOLUTION NO. 2007-28
A RESOLUTION OF THE LODI CITY COUNCIL, COUNTY OF SAN JOAQUIN,
DECLARING ITS INTENTION TO ANNEX TERRITORY INTO THE LODI
CONSOLIDATED LANDSCAPE MAINTENANCEASSESSMENT DISTRICT
NO. 2003-1 AND TO PROVIDE FOR THE LEVY AND COLLECTION OF
ASSESSMENTS IN SUCH ANNEXATION, SETTING A TIME AND PLACE
FORA 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 "1972Act'}, Article XIIID of the Constitution of the State
of California ("Article X!!1D'), 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"),
did by previous Resolution initiate proceedings to annex 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 "Lodi Consolidated Landscape Maintenance District No. 2003-1" (the "District"). The areas
proposed to be annexed will become zones within the District. Such zone shall be known and
designated as:
ZONE 13—GUILD AVENUE INDUSTRIAL
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: landscaping, planting, shrubbery, trees, turf, irrigation
systems, lighting systems, street lighting, traffic signals, street sweeping,
hardscapes, 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 Enaineer: The Engineer's Report, as preliminarily
approved by the City Council is on file 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 Hearino: Notice is hereby given that a Public Hearing is hereby scheduled
to be held at the Carnegie Forum, 305 West Pine Street, Lodi, California, on
Wednesday, April 4, 2007, at 7:00 p.m., or as soon thereafter as the matter may
be heard.
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. 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 asso 5m0nt 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 April 4, 2007:
City Clerk
City of Lodi
221 West Pine Street
Lodi, California 95240
After 5:00 p.m. on April 4, 2007, assessment ballots may be delivered to the City
Clerk only at the location of the Public Hearing given above (305 West Pine
Street, Lodi, California).
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 materials, to the record
owners of all real property proposed to be assessed.
SECTION 7: Proceedinas Inauirie$: 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
32605 HIGHWAY 79 S. #100
TEMECULA, CA 92592
TELEPHONE: 800-676-7516
Dated: February 21, 2007
hereby certify that Resolution No. 2007-28 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held February 21,2007, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Hitchcock, Katzakian, Mounce, and
Mayor Johnson
NOES : COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS— None
ABSTAIN: COUNCIL MEMBERS — None
ANDtJOHL
City Clerk
2007-28