RESOLUTION NO. 2023-35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PATTERSON, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE CITY’S BENEFIT ASSESSMENT DISTRICTS, FISCAL YEAR 2023/24
WHEREAS, the City Council of the City of Patterson (“City Council”) pursuant to the terms of the Benefit Assessment Act of 1982, Title 5 Division 2, of the California Government Code (commencing with Section 54703) (“Act”), previously formed the special maintenance assessment districts known and designated as follows:
Country Hollow Estates Benefit Assessment District
Golden Estates Benefit Assessment District
Kinshire Estates Benefit Assessment District
Patterson Estates I Benefit Assessment District
Patterson Estates III Benefit Assessment District
Patterson Estates IV Benefit Assessment District
Shirepark Estates Benefit Assessment District
Springshire Estates Benefit Assessment District
Walnut Square Benefit Assessment District
Weber Estates Benefit Assessment District
Yorkshire I Estates Benefit Assessment District
Yorkshire II Estates Benefit Assessment District
Heartland Ranch Benefit Assessment District
Miraggio Benefit Assessment District
Sutter Point Benefit Assessment District
Walker Ranch Benefit Assessment District
Patterson Gardens Benefit Assessment District
Keystone Pacific Business Park Benefit Assessment District Mahaffey Plaza Benefit Assessment District
(the “Benefit Assessment Districts”); and,
WHEREAS, the City Council wishes to levy and collect assessments in order to finance the maintenance and operation of authorized services within the Benefit Assessment Districts for Fiscal Year 2023/24; and
WHEREAS, NBS has prepared, and filed with the City Clerk, a report concerning the assessments within the Benefit Assessment Districts for Fiscal Year 2023/24. Reference is made to such report, which presents, for each district, the plans and specifications for the maintenance and operation of authorized services, an estimate of the costs of the maintenance and operation of the authorized services, and an assessment of the estimated costs of the maintenance and operation of the authorized services; and, WHERAS, the Fiscal Year 2023/24 assessments are not proposed to increase above the amount previously approved by affected property owners (as “increased assessment” is defined in Section 54954.6 of the California Government Code); and,
WHEREAS, the assessments are not based upon the assessed value of property within the Benefit Assessment Districts, but are based upon the special benefit received from the maintenance and operation of the authorized services therein; and,
WHEREAS, the assessments are in compliance with all laws pertaining to assessments levied pursuant to the Act, and the assessments are in compliance with the provisions of Proposition 218.
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 the assessments for the City’s Benefit Assessment Districts, Fiscal Year 2023/24, 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 Annual Report, which has been filed with the City Clerk, the City Council hereby finds and determines that:
a. The land within the Benefit Assessment Districts will receive special benefit from the maintenance and operation of the authorized services therein. b. The Benefit Assessment Districts include all of the lands receiving such special benefit. c. The net amounts to be assessed upon the lands within the Benefit Assessment Districts are apportioned by a formula which fairly distributes the net amount among all assessable parcels in proportion to the estimated benefits to be received by each such parcel from the maintenance and operation of the authorized services therein.
3. The assessments for Fiscal Year 2023/24, as detailed within the Annual Report, are hereby confirmed as filed.
4. The adoption of this Resolution constitutes the levy of assessments for the Benefit Assessment Districts for the Fiscal Year commencing July 1, 2023 and ending June 30, 2024.
5. The City Council hereby orders NBS to submit the assessments to the Stanislaus County Auditor’s Office for placement on the Fiscal Year 2023/24 secured property tax roll.
The foregoing resolution was passed by the City Council at a regular meeting held on the 18th day of July, 2023, and the resolution was adopted by the following roll call vote:
AYES:
NOES:
EXCUSED:
APPROVED:
Michael Clauzel
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 18th day of July, 2023 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