RESOLUTION NO. 2022-46
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PATTERSON, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN COUNTY SERVICE AREA NO. 15 WHEREAS, the City Council of the City of Patterson, California did, by previous Resolution, approve the Annual Engineer’s Report (hereafter referred to as the “Report”) as presented, which described the assessments against parcels of land within County Service Area No. 15 (hereinafter referred to as “CSA No. 15” or the “District”); and, for the Fiscal Year commencing July 1, 2022 and ending June 30, 2023; to pay the costs and expenses of operations and maintenance within the District; and,
WHEREAS, the Engineer selected by the City Council has prepared and filed with the City Clerk, and the City Clerk has presented to the City Council, a Report written pursuant to the terms of Government Code §25210.77(A) in connection with the proposed levy and collection upon eligible parcels of land within CSA No. 15, and the City Council did by previous Resolution approve such Report; and, WHEREAS, the City Council desires to levy and collect assessments against parcels of land within CSA No. 15 for the Fiscal Year commencing July 1, 2022 and ending June 30, 2023, to pay the costs and expenses of operations and maintenance within CSA No. 15; and,
WHEREAS, the assessment levies are not based upon the assessed value of the property within the District, but are based upon the special benefit received by the parcels within the District from the operations and maintenance; and,
WHEREAS, the assessments are in compliance with all laws pertaining to the levy of the District, and the assessments are levied without regard to property valuation, and the assessments are in compliance with the provisions of Proposition 218; and,
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
1. Following notice duly given, the City Council has held a full and fair Public Hearing regarding its Resolution Approving the Report prepared in connection therewith; the levy and collection of assessments, and considered all oral and written statements, protests and communications made or filed by interested persons.
2. Based upon its review (and amendments, as applicable) of the Report, a copy of which has been presented to the City Council and which has been filed with the City Clerk, the City Council hereby finds and determines that:
a. The land within the District will receive special benefit by the operations and maintenance within the boundaries of the District.
b. The District includes all of the lands receiving such special benefit. c. The net amount to be assessed upon the lands within the District in accordance with the costs for the Fiscal Year commencing July 1, 2022 and ending June 30, 2023 is apportioned by a formula and method which fairly distributes the net amount among all eligible parcels in proportion to the estimated special benefit to be received by each parcel from the services.
3. The Report and assessment as presented to the City Council and on file in the office of the City Clerk are hereby confirmed as filed.
4. The City Council hereby orders the proposed operations and maintenance to be made, which are briefly described as follows: extended storm drainage to the Patterson Gateway development and maintenance of the traffic signals at the Sperry Road/Rogers Road intersection.
5. The operations and maintenance shall be performed pursuant to Resolution No. 2005-62 adopted on June 21, 2005 authorizing the City to take over administration of CSA No. 15. The County Auditor of the County of Stanislaus shall enter on the County Assessment Roll opposite each parcel of land the amount of levy, and such levies shall be collected at the same time and in the same manner as the County taxes are collected. After collection by the County, the net amount of the levy shall be paid to the City Treasurer.
6. The City Treasurer shall deposit all money representing assessments collected by the City of Patterson for the District to the credit of a fund for CSA No. 15, and such money shall be expended only for the operations and maintenance of the District as described in item 4 above.
7. The adoption of this Resolution constitutes the levy of assessments for CSA No. 15 for the Fiscal Year commencing July 1, 2022 and ending June 30, 2023.
8. NBS is hereby authorized and directed to levy the Fiscal Year 2022/23 assessments as shown in the Report upon adoption of this Resolution.
9. A certified copy of the levy shall be filed in the office of the City Clerk and open for public inspection.
The foregoing resolution was passed by the City Council at a regular meeting held on the 21st day of June 2022, and the resolution adopted by the following roll call vote:
AYES:
NOES:
EXCUSED:
APPROVED:
__________________________
Dennis McCord
Mayor of the City of Patterson
ATTEST:
__________________________
Aracely Alegre
City Clerk of the City of Patterson
I do hereby certify that the foregoing is a full, correct, and true copy of a resolution passed by the City Council of said City of Patterson, a Municipal Corporation of the County of Stanislaus, State of California, at a regular meeting held on the 21st day of June, 2022 and I further certify that said resolution is in full force and effect and has never been rescinded or modified.
DATED:
___________________________
City Clerk of the City of Patterson