RESOLUTION NO. 23-
A Resolution of the City Council of the City of Hercules, CALIFORNIA CONFIRMING DIAGRAM AND ASSESSMENTS FOR FISCAL YEAR 2024/25 FOR THE VICTORIA BY THE BAY LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 2002-1 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972.
WHEREAS, the City of Hercules Victoria by the Bay Landscaping and Lighting Assessment District No. 2002-1 (hereinafter referred to as the “District”) was formed on May 14, 2002 by Resolution No. 02-050 of the City Council pursuant to the Landscaping and Lighting Act of 1972 (Streets and Highways Code Section 22500 et. Seq. and State Law); and WHEREAS, the City Council designated by resolution Francisco & Associates as Engineer of Work for the District and directed the filing of an Annual Engineer’s Report for the District; and WHEREAS, on October 10, 2023, the City Council adopted Resolution No. 23-052 authorizing Proposition 218 proceedings for the purposes of increasing assessments in Fiscal Year 2024/25 for the District and direct the filing of the Fiscal Year (FY) 2024/25 Engineer’s Report, pursuant to the Landscaping and Lighting Act of 1972; and WHEREAS, on October 10, 2023, the City Council adopted Resolution No. 23-053 preliminarily approving the Engineer’s Report, declaring the intention to levy and collect assessments for Fiscal Year 2024/25 within the District and setting a public hearing for December 5, 2023; and WHEREAS, the Engineer’s Report, as filed, provides that the maximum assessment rates be increased pursuant to the results of the property owner protest balloting proceeding which were approved by resolution of the City Council on December 5, 2023; and WHEREAS, at the appointed time on December 5, 2023 the City Council did conduct a public hearing at which all interested persons were afforded an opportunity to be heard; and WHEREAS, on December 5, 2023, by way of resolution, the Council declared the results of the property owner protest ballot proceedings conducted within the District.
NOW, THEREFORE, BE IT RESOLVED by City Council of the City of Hercules as follows:
The Preliminary Engineer’s Report accepted by the City Council on October 10, 2023, and as modified, if applicable, is hereby approved and adopted as the Final Engineer’s Report for the District for FY 2024/25.
The diagram showing the assessment district boundary thereof and the proposed assessments contained in the Engineer’s Report and presented to the property owners of record within the District are hereby confirmed.
Pursuant to the authority of the 1972 Act, the assessment to pay the costs and expenses of maintaining the improvements described in the Engineer’s Report is hereby ordered to be levied and the improvements hereby ordered to be made.
Based upon the oral and written evidence presented, including the Engineer’s Report, the City Council finds that there is substantial evidence in the record demonstrating that the properties within the District receive a special benefit over and above the benefit conferred on the public at large and that the amount of the assessment is proportional to the special benefit conferred on each property.
The City Clerk is directed to file a certified copy of the diagram, assessment and this resolution with the Auditor-Controller of the County of Contra Costa immediately after adoption of this resolution, but no later than the third Monday, in August. Upon receipt of the diagram and assessment, the County Auditor-Controller shall enter on the County assessment roll opposite each lot or parcel of land the amount assessed thereupon as shown in the assessment. After collection by the County, the net amount of the assessment, after deduction of any compensation due the County for collection, shall be paid to the City.
Upon receipt of monies representing assessments collected by the County, the Finance Director shall deposit the monies in the City’s Landscaping and Lighting account. The account shall only be used for maintenance and installation of improvements described in the Engineer’s Report.
The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the 5th day of December 2023, by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
Alexander Walker-Griffin, Mayor
ATTEST:
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Eibleis Melendez
City Clerk