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HomeMy WebLinkAboutResolutions - No. 2012-156RESOLUTION NO. 2012-156 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING CITY ATTORNEY TO EXECUTE PROFESSIONAL SERVICES AGREEMENT FOR PERFORMANCE OF GENERAL BENEFIT ANALYSIS OF THE CITY'S CONSOLIDATED LANDSCAPE MAINTENANCE DISTRICT NO. 2003-1 WHEREAS, the City's Landscape Maintenance District (LMD) was formed in 2003 to establish assessments that include ongoing maintenance and replacement of reverse frontage landscaping and irrigation, parkway trees, a prorated share of public park maintenance, and masonry sound walls; and WHEREAS, NBS Government Finance Gtoup has worked as the City's consultant since 2005, performing an annual assessment that covers a portion of the estimated costs of maintenance, operation, and servicing of the improvements that is paid by the property owners within the districts; and WHEREAS, the improvements are said to be special benefits received by the property owners within the districts in accordance with Proposition 218 and, as such, they pay for the maintenance of these benefits; however, recent case law has found the methodology used to create the LMD is flawed; and WHEREAS, the City is now required to perform a general benefits analysis to separate and quantify special benefits that only the maintenance districts receive versus a general benefit that not only the maintenance districts receive but also the general public may receive; and WHEREAS, staff recommends executing a professional services agreement with NBS Government Finance Group, of Temecula, California, to provide analysis and numerical support for the breakdown of special versus general benefit in a report. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Attorney to execute a professional services agreement with NBS Government Finance Group, of Temecula, California, to perform a general benefit analysis cf the City's Consolidated Landscape Maintenance District No. 2003-1 in the amount of $16,224.85. Dated: October 3, 2012 ------------------------------------------------------------------------ ........................................................................ hereby certify that Resolution No. 2012-156 was passed and adopted by the City Council of the City of Lodi in a regular meeting held October 3, 2012, by the following vote: AYES: COUNCIL MEMBERS— Hansen, Johnson, Katzakian, Nakanishi, and Mayor Mounce NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS— None ABSTAIN: COUNCIL MEMBERS —None � t� I JO H L City Clerk 2012-156