RESOLUTION NO. 2024-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES
OF INTENTION TO CONFIRM DIAGRAM AND TO LEVY AND
COLLECT ANNUAL ASSESSMENTS PURSUANT TO THE
BENEFIT ASSESSMENT ACT OF 1982
CANYON CREEK BENEFIT ASSESSMENT DISTRICT NOS. 1, 2 AND 3 WHEREAS, it is the intention of the Gonzales City Council (the “Council”) to confirm the diagram for and to levy and collect assessments in the Canyon Creek Benefit Assessment District No. 1, the Canyon Creek Benefit Assessment District No. 2, and the Canyon Creek Benefit Assessment District No. 3 for the purpose of maintaining, operating and/or servicing of public lands and improvements for parks and open space purposes pursuant to the Benefit Assessment Act of 1982 (the “Act”), being Title 5, Part 1, Division 2, Chapter 6.4 of the California Government Code (commencing with Section 54703) an as provided by Article XIIID of the California Constitution; and
WHEREAS, pursuant to the Act, Harris & Associates, the designated Engineer of Work of the City of Gonzales (the “City”) has filed with the City Clerk an Engineer’s Report (the “Report”) for the Districts called for under said Act; and WHEREAS, the Council has given preliminary consideration to the Report and each and every part thereof, and finds that each and every part of said Report is sufficient, and that neither said Report, nor any parts thereof, requires or should be modified in any respect.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Gonzales as follows:
1. The Council hereby finds that the public interest and convenience requires, and as such declares its intention to levy and collect assessments against the assessable lots and parcels of land within the districts referenced herein for Fiscal Year 2024-2025, all pursuant to the Benefit Assessment Act of 1982 and Article XIIID of the California Constitution.
2. The public improvements and lands to be maintained, operated and/or serviced are generally described in the Engineer’s Report for Canyon Creek Benefit Assessment District No. 1 for Fiscal Year 2024-2025, Canyon Creek Benefit Assessment District No. 2 for Fiscal Year 2024-2025, and Canyon Creek Benefit Assessment District No. 3 for Fiscal Year 2024- 2025, incorporated herein by reference.
3. The proposed assessment districts are generally described as follows:
Canyon Creek Benefit Assessment District No. 1 – a district bounded on the northeast by Fanoe Road, on the southwest by US Route 101, on the southeast by the Sunrise Ranch Subdivision and on the northwest by Canyon Creek Phase II Subdivision.
Canyon Creek Benefit Assessment District No. 2 – a district bounded on the northeast by Fanoe Road, on the southwest by Canyon Creek Phase I Subdivision and Canyon Creek Phase III Subdivision, on the southeast by Canyon Creek Phase I and on the northwest by Canyon Creek Phase III Subdivision.
Canyon Creek Benefit Assessment District No. 3 – a district bounded on the east by Herold Parkway, on the west by State Route 101, on the north by a line approximately 4,300 feet south of Fifth Street and on the south by a line approximately 5,100 feet south of Fifth Street.
4. Reference to the Engineer’s Report, on file with the City Clerk, is hereby made for a full and detailed description of the public improvements, the boundaries of each assessment district, and the proposed assessments upon assessable lots and parcels of land within the assessment districts.
5. It is ordered that Monday, July 22, 2024, at 6:00 p.m., in the regular meeting place of said Council, Council Chambers, 117 Fourth Street, Gonzales, California, is hereby appointed and fixed for the public hearing and time and place when and where the Council will consider and act upon the Engineer’s Report, confirm the District diagrams, and the levy of the proposed assessments.
6. The City Clerk is directed to give notice of the hearing by one publication of a copy of this Resolution of Intention in the local newspaper published and circulated in said City, pursuant to Section 6061 of the California Government Code.
7. The proposed assessments in Districts 1, 2 and 3 will not increase from the assessments established for the Districts in Fiscal Year 2023-2024. The District Maximum Assessment will be adjusted by the CPI, which has been preliminarily estimated at 5%. The Maximum Assessment will be adjusted, as necessary, when the final CPI is obtained.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Gonzales duly held on the 3
rd day of June, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Jose L. Rios, The Honorable Mayor
I, the undersigned Deputy City Clerk, hereby certify that the foregoing resolution was duly and regularly adopted and passed by the City Council of the City of Gonzales, California, at a regular meeting thereof held on the 3
rd day of June, 2024, by the above-stated vote of the members thereof, a majority being present.
Dated: June 3, 2024
Mary Villegas, Deputy City Clerk