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Attachment 3 - Resolution of Intention to Levy and Collect Assessments

Manteca City Council
May 17, 2022

Document
Attachment 3 - Resolution of Intention to Levy and Collect Assessments
Meeting
May 17, 2022
Body
Manteca City Council
Original file
44 KB
Text extracted from the city's file for reading and search. Open the original on manteca-ca.legistar1.com. That file is the official record.

RESOLUTION R2022-XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MANTECA, STATE OF CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN THE CITY’S SPECIAL MAINTENANCE ASSESSMENT DISTRICTS FOR FISCAL YEAR 2022-23, AND SETTING THE TIME AND THE PLACE FOR A PUBLIC HEARING ON THE LEVY OF THE PROPOSED ASSESSMENTS WHEREAS, the City Council of the City of Manteca (“City Council”), pursuant to the terms of the Landscaping and Lighting Act of 1972, Division 15, Part 2 of the California Streets and Highways Code (commencing with Section 22500), previously formed the Special Maintenance Assessment Districts known and designated as follows:

Villa Ticino Landscape Maintenance District (“LMD”) No. 00-1 Villa Ticino LMD No. 00-1, Annexation No. 1 – Villa Ticino Units 5, 6 and Vila Tuscany Mission Gardens LMD No. 00-2
Woodward Park LMD No. 00-3
Bianchi Ranch LMD No. 00-4
Bianchi Ranch LMD No. 00-4, Annexation No. 1 – Bianchi Ranch Unit 3 Bianchi Ranch LMD No. 00-4, Annexation No. 2 – Bianchi Ranch Unit 4 and Paseo Sierra Creek LMD No. 00-5
Dutra Farms LMD No. 00-6
Dutra Farms LMD No. 00-6, Annexation No. 1 – Dutra Farms Southeast Units 1, 2 and 3 Spring Meadows LMD No. 00-7
Westbrook Estates Unit No. 3 LMD No. 00-9
Westbrook Estates Unit No. 3 LMD No. 00-9, Annexation No. 1 – Westport Plaza Dutra Farms Northeast LMD No. 03-1
Woodward West LMD No. 04-1
Jasmine Hollow LMD No. 04-2
Antigua LMD No. 05-1
Terra Bella LMD No. 05-2
Paseo West Units 1 and 2 LMD No. 05-3
Dutra Estates LMD No. 05-4
Tesoro LMD No. 06-1
Rodoni Estates LMD No. 06-2
Ken Hill Estates LMD No. 06-3
Union Ranch East LMD No. 06-4
Union Ranch LMD No. 06-5
Chadwick Square LMD No. 94-1
Chadwick Square LMD No. 94-1, Annexation No. 1 – Passante Estates Chadwick Square LMD No. 94-1, Annexation No. 2 – Portafina Estates Gonsalves LMD No. 94-2
Diamond Oaks LMD No. 95-1
Diamond Oaks LMD No. 95-1, Annexation No. 1 – Almond Crest; and WHEREAS, the City Council, pursuant to the terms of the Benefit Assessment Act of 1982, Division 2, Part 1 of the California Streets and Highways Code (commencing with Section 54703), previously formed the Special Maintenance Assessment Districts known and designated as follows:

Bella Vista/Dutra Farms Benefit Assessment District (“BAD”) No. 00-8 Bella Vista/Dutra Farms BAD No. 00-8, Annexation No. 1 – Dutra Farms Southeast Units 2 and 3 Bella Vista/Dutra Farms BAD No. 00-8, Annexation No. 2 – Bella Vista Units 4 and 5 Dutra Estates BAD No. 05-1; and
WHEREAS, the City Council is desirous to take proceedings to provide for the levy and collection of assessments for Fiscal Year 2022-23 to provide for the costs and expenses necessary to pay for the maintenance of the improvements within the Special Maintenance Assessment Districts; and WHEREAS, there has been presented and approved by the City Council the Annual Reports, as required by law, and the City Council is desirous of continuing with the proceedings for said annual assessment levy; and WHEREAS, the City Council has considered all information related to this matter, as presented at the public meetings of the City Council identified herein, including any supporting reports by City Staff, and any information provided during public meetings.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Manteca, as follows:

1. The City Council hereby finds that the facts set forth in the recitals to this Resolution are true and correct, and establish the factual basis for the City Council’s adoption of this Resolution.

2. That the public interest and convenience requires, and it is the intention of this City Council, to levy and collect assessments to pay the annual costs and expenses for the installation, replacement, maintenance and/or servicing of the improvements for the above-referenced Special Maintenance Assessment Districts.

3. That said improvements are of direct benefit to the properties within the boundaries of the Special Maintenance Assessment Districts. The City Council declared the area to be benefited by said improvements, and for particulars, reference is made to the boundary maps as previously approved by the City Council, which is, by reference, incorporated into the Annual Reports, a copy of which is on file in the Office of the City Clerk and open for public inspection, and are designated as “City of Manteca 2022-23 Annual Report For: Landscape Maintenance Districts” and as “City of Manteca 2022-23 Annual Report For: Benefit Assessment Districts”.

4. That the Annual Reports, as approved by the City Council, are on file in the Office of the City Clerk, and open for public inspection. Reference is made to the Annual Reports for a full and detailed description of the improvements to be maintained, the boundaries of the Special Maintenance Assessment Districts and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the Special Maintenance Assessment Districts.

5. All costs and expenses of the works of maintenance and incidental expenses have been apportioned and distributed to the benefiting parcels in accordance with the special benefits received from the improvements.

6. Notice is hereby given that a public hearing is scheduled in the regular meeting place of the City Council, 1001 West Center Street, Manteca, CA 95337 at 7 p.m. on Tuesday, June 7th, 2022.

7. At that time the City Council will consider and finally determine whether to levy the proposed annual assessment, and to hear all protests relating to said proposed proceedings, or the estimate of the costs and expenses of the proposed maintenance, or the proposed annual assessment; and any or all persons interested may file a written protest prior to the conclusion of the public hearing referred to herein or, having filed such a protest, may file a written withdrawal of that protest prior to the conclusion of such hearing, and such written protest must state all grounds for objection. A written protest by a property owner must contain a description sufficient to identify the property owned by such person, e.g., Assessor’s Parcel Number. Any interested person may mail a protest to the following address:

CITY CLERK

CITY OF MANTECA
1001 WEST CENTER STREET
MANTECA, CA 95337
To be considered by the City Council, all protests must be received prior to the conclusion of the public hearing. A postmark subsequent to such date and time will not be sufficient.

8. That the City Clerk is hereby authorized and directed to give legal notice setting the date for the public hearing. Said notice shall be published in a newspaper of general circulation within the City of Manteca.

9. For any and all information relating to these proceedings, including information regarding protest procedures, your attention is directed to the person designated below:

CITY CLERK

CITY OF MANTECA
1001 WEST CENTER STREET
MANTECA, CA 95337

10. This Resolution shall take effect immediately upon its adoption.

I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Manteca at a public meeting of said City Council held on the 17th day of May, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

MAYOR: ___________________________
BENJAMIN J. CANTU
Mayor
ATTEST: __________________________

CASSANDRA CANDINI-TILTON
City Clerk
ATTACHMENT 3
Resolution 2022-XX
Page PAGE 2 of NUMPAGES 4
ATTACHMENT 3
R2022-XX Page PAGE 1 of NUMPAGES 4 Type approved date of resolution here

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