HomeMy WebLinkAboutResolutions - No. 2007-60RESOLUTION NO. 2007-60
A RESOLUTION OF THE LODI CITY COUNCIL, COUNTY OF SAN JOAQUIN,
DECLARING THE RESULTS OF THE ASSESSMENT BALLOT TABULATION ..
TO ANNEX TERRITORY INTO THE LODI CONSOLIDATED LANDSCAPE
MAINTENANCE DISTRICT NO. 2003-1, ORDERING MAINTENANCE WORK
THEREIN., AND CONFIRMING THE REPORT, DIAGRAM, AND ASSESSMENT
AND PROVIDING FOR THE LEVY OF THE ANNUAL ASSESSMENT THEREIN
WHEREAS, the City Council of the City of Lodi has initiated proceedings forthe 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 15, Part 2, of the Streets and
Highways Code of the State of California (the "1972 Act"), Article XIIID of the Constitution of the
State of Califomia ("Article XIIID"), 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 may be referred to collectively herein as the "Assessment Law"),
such special assessment district annexation known and designated as City of Lodi, "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:
ZONE 13 — GUILD AVENUE INDUSTRIAL
WHEREAS, the City Council did order and subsequently receive a report prepared by NBS
(the "Assessment 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
WHEREAS, the City Council did set the time and place for a Public Hearing toconsider the
proposed District and 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 SUGh Public hearing accompanied by assessment ballots were mailed
to the record owners of property within the proposed District in accordance with the provisions of the
Assessment Law; and
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. RECITALS: The above recitals are all true and correct.
SECTION 2. PROCEDURES: 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 BALLOT PROCEDURES: 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 L w exceed the
assessment ballots submitted in opposition to such levy also ad 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. ANNEXATIQN OF TERRITORY: This City Council hereby orders the annexation of
territory into the District.
SECTION 5. DETERMINATION AND CONFIRMATION: Based upon the Assessment Engineer's
Report and the testimony and other evidence presented at the Public Hearing, the
City Council hereby makes the following determinations regarding the assessments
proposed to be imposed for Fiscal Year 2007-08 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:
a. 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 2007-08 are hereby confirmed and levied upon the respective lots or
parcels in the District in the amounts as set forth in such Final Assessment
Engineer's Report. 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 2007-08), the maximum amount of each assessment (the
"Maximum Assessment") shall be increased by the greater of 5% or C.P.I. without
further eomplianeo with the assessment ballot procedures required under the
Assessment Law.
SECTION 6. ASSESSMENT ENGINEER'S REPORT: 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 2007-08 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 inspection.
SECTION 7. ORDERING OF MAINTENANCE: The public interest and convenience requires and
this legislative body 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 S. 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. FILING WITH THE COUNTY AUDITOR: 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. ENTRY UPON THE ASSESSMENT ROLL: 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. COLLECTION AND PAYMENT: 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. FISCAL YEAR 2007-08: The assessments as above confirmed and levied for. these
proceedings will provide revenue to finance the maintenance of authorized
improvements in the fiscal year commencing July 1, 2007 and ending June 30, 2008.
Dated: April 4, 2007
I hereby certify that Resolution No. 2007-60 was passed and adopted by the City Council of
the City of Lodi in a regular meeting held April 4, 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
RANDI JOHL
City Clerk
2007-60