RESOLUTION NO. XXXX-2024
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW, CALIFORNIA, APPROVING THE REPORT OF THE ENGINEER FOR FISCAL YEAR 2024-2025 IN CONNECTION WITH STREET LIGHTING DISTRICT NO. 1, FLOOD CONTROL MAINTENANCE DISTRICT NO. 1, LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET MAINTENANCE DISTRICT NO. 1
WHEREAS, pursuant to the requirements of the Landscaping and Lighting Act of 1972 (Streets and Highways Code Section 22500 et seq.) and the Benefit Assessment Act of 1982 (Government Code Section 54703 et seq.), the City Council of the City of Barstow, by its Resolution No. XXXX-2024, initiated proceedings to reaffirm the levy of assessments for Fiscal Year 2024-2025 within existing assessment districts designated as “Street Lighting District No. 1,” “Landscape Maintenance District No. 1”, “Flood Control Maintenance District No. 1”, and “Street Maintenance District No. 1”, and ordered the City Engineer to prepare and file a written report in connection with the proceedings; and
WHEREAS, the City Engineer has prepared and filed with the City Clerk and the City Clerk has presented to the City Council such report, which is entitled “Engineer’s Report, Street Lighting, Flood Control, Landscape & Street Maintenance Benefit Assessment Districts, Fiscal Year 2024-2025” (the “Report”).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BARSTOW HEREBY FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
1) That the City Council has carefully examined and reviewed the Report. 2) That the Report is hereby approved as filed.
PASSED, APPROVED AND ADOPTED this 5th day of August, 2024.
Paul Anthony Courtney, Dr.B.A., Mayor
ATTEST:
Andrea Flores, City Clerk
I, Andrea Flores, City Clerk of the City of Barstow and ex-officio Clerk of the City Council, DO HEREBY CERTIFY UNDER PENALTY OF PERJURY that the foregoing is a true and correct copy of Resolution No.XXXX-2024, was adopted by said City Council at a regular meeting held on the 5th day of August, 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Andrea Flores, City Clerk
RESOLUTION NO. XXXX-2024
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW DECLARING ITS
INTENTION TO AUTHORIZE REAFFIRMATION OF THE LEVY OF ASSESSMENTS
UPON CERTAIN PARCELS OF REAL PROPERTY WITHIN STREET LIGHTING DISTRICT NO. 1, FLOOD CONTROL MAINTENANCE DISTRICT NO. 1, LANDSCAPE MAINTENANCE DISTRICT NO. 1, AND STREET MAINTENANCE DISTRICT NO. 1, FOR FISCAL YEAR 2024-2025.
WHEREAS, pursuant to the requirements of the Landscaping and Lighting Act of 1972 (Streets and Highways Code Section 22500 et seq.) (the “1972 Act”) and the Benefit Assessment Act of 1982 (Government Code Section 54703 et seq.) (the “1982 Act”) the City Council of the City of Barstow, by Resolution No. XXXX-2024, initiated proceedings for the reaffirmation of the levy of assessments for Fiscal Year 2024-2025 within existing assessment districts designated as “Street Lighting District No. 1”, “Landscape Maintenance District No. 1”, “Flood Control Maintenance District No. 1”, and “Street Maintenance District No. 1” (the “Districts”), and ordered the City Engineer to prepare and file a written report in connection with the proceedings; and WHEREAS, by prior resolution, the City Council approved a written report with respect to the Districts, which report is on file in the Office of the City Clerk and available for public inspection; and
WHEREAS, the City Council desires to reaffirm the levy assessments pursuant to the provisions of the 1982 Act (with respect to the Street Maintenance and Flood Control Maintenance Districts), and the 1972 Act (with respect to the Street Lighting and Landscape Maintenance District), to insure continued financing of the necessary maintenance of certain street lighting, street, sidewalk, flood control and drainage improvements, all for the benefit of those properties within the Districts.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BARSTOW HEREBY FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
1) That the public interest, convenience and necessity require the continued maintenance and operation of the public street, street lighting, sidewalk, flood control, landscape and drainage improvements for the direct benefit of the properties within the Districts.
2) That the City Council declares its intention to reaffirm the levy and collection of assessments within the Districts to pay for such public street, street lighting, sidewalk, flood control, landscape and drainage improvements. 3) That the Districts include all properties in the City of Barstow within the tract maps and parcel maps described in Exhibit A, attached hereto and incorporated herein by this reference. Reference is hereby made to the maps on file in the office of the City Clerk and open for public inspection for a description of the exterior boundaries of the Districts.
4) That the proposed improvements with respect to each of the Districts may be briefly described as follows:
With respect to Street Lighting District: the operation and maintenance of streetlights within said district;
With respect to the Street Maintenance District: the operation and maintenance of public streets and sidewalks within said district, including sweeping, striping, signing, crack filling and other pavement maintenance;
With respect to the Landscape Maintenance District: the maintenance and servicing of landscaping located in public roadways, streets and rights-of-way within said district;
With respect to the Flood Control Maintenance District: the operation and maintenance of drainage and flood control systems in connection with said district, including open channels, storm drains, inlets and debris basins. 5) That reference is hereby made to the Report of the Engineer entitled “Engineer’s Report, Street Lighting, Flood Control, Landscape & Street Maintenance Benefit Assessment Districts No. 1, Fiscal Year 2024-2025” on file in the office of the City Clerk for a full and detailed description of the improvements, the boundaries of the Districts and any zones therein and the proposed assessments upon assessable lots and parcels of land within the Districts.
6) That the proposed assessments constitute a continuation of assessments existing on the effective date of Article XIIID of the California Constitution, that the assessments are imposed exclusively to finance the maintenance and operation expenses for streets, street lighting, sidewalks, flood control and drainage systems and that the assessments are exempt from the requirements of Article XIIID, Section 4 of the California Constitution.
7) That the City Council has determined to fund street lighting services from the assessments for Street Lighting District No. 1 for Fiscal Year 2024-2025. Under Article XIIID, Section 4, assessments may be levied in Street Lighting District No. 1 for Fiscal Year 2024-2025.
PASSED, APPROVED AND ADOPTED this 5th day of August, 2024.
Paul Anthony Courtney, Dr.B.A., Mayor
ATTEST:
Andrea Flores, City Clerk
I, Andrea Flores, City Clerk of the City of Barstow and ex-officio Clerk of the City Council, DO HEREBY CERTIFY UNDER PENALTY OF PERJURY that the foregoing is a true and correct copy of Resolution No.XXXX-2024, was adopted by said City Council at a regular meeting held on the 5th day of August, 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Andrea Flores, City Clerk