HomeMy WebLinkAboutResolutions - No. 2008-81RESOLUTION NO. 2008-81
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LODI, STATE OF
CALIFORNIA, DECLARING THE RESULTS OF THE ASSESSMENT BALLOT
TABULATION, TO ANNEX TERRITORY INTO THE LODI CONSOLIDATED
LANDSCAPE MAINTENANCE ASSESSMENT 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 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 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 California ("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 Assessment 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 14— LUCA PLACE
ZONE 15—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 "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 to consider 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 such 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.
NOW, THEREFORE, BE IT RESOLVEDAS 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 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. ANNEXATION OF TERRITORY: This City Council hereby orders the annexation of
territory into the District.
SECTION 5. DETERMINATION AND CONFIRMATION: Based upon the 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 2008-09 and the maximum annual assessments
proposed to be imposed to pay for the estimated costs of the maintenance of all of
the improvementsto 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 Report for Fiscal Year 2008-09
are hereby confirmed and levied upon the respective lots or parcels in the District in
the amounts as set forth in said 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 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 2008-09), the maximum amount of each assessment (the "Maximum
Assessment") shall be increased by the greater d: 5% or C.P.I. without further
compliance with the assessment ballot procedures required under the Assessment
Law.
SECTION 6. ASSESSMENT ENGINEERS 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 2008-09 Levy for each Assessor
Parcel within the District.
This City Council hereby finds the 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 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 pubtic inspection.
SECTION 9. FILING WITH THE COUNTY AUDITOR: The City Clerk is hereby ordered and
directed to immediatelyfile 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 2008-09: 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, 2008 and ending June 30,
2009.
Dated: May 7, 2008
hereby certify that Resolution No. 2008-81 was passed and adopted by the City
Council cf the City of Lodi in a regular meeting held May 7, 2008, by the following vote:
AYES: COUNCIL MEMBERS— Hansen, Hitchcock, Johnson, Katzakian, and
Mayor Mounce
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS— None
ABSTAIN: COUNCIL MEMBERS— None
RANDIJOHL
City Clerk