RESOLUTION NO. 2023-36
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PATTERSON, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE CITY’S LANDSCAPE MAINTENANCE DISTRICTS, FISCAL YEAR 2023/24
WHEREAS, the City Council of the City of Patterson (“City Council”) pursuant to the terms of the Landscape and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) (“Act”), previously formed the special maintenance assessment districts known and designated as follows:
Country Hollow Estates Landscape Maintenance District
Kinshire Estates District Landscape Maintenance District Patterson Estates I, III, and IV Landscape Maintenance District Shirepark Estates Landscape Maintenance District
Walnut Square Landscape Maintenance District
Heartland Ranch Landscape Maintenance District
Heartland Ranch Overlay Zone 1 Landscape Maintenance District Miraggio Landscape Maintenance District
Sutter Point Landscape Maintenance District
Walker Ranch Landscape Maintenance District
Patterson Gardens Landscape Maintenance District
Keystone Pacific Business Park Landscape Maintenance District (the “Landscape Maintenance Districts”); and,
WHEREAS, the City Council wishes to levy and collect assessments in order to provide for the costs and expenses necessary to pay for the maintenance of the improvements within the Landscape Maintenance Districts
WHEREAS, NBS has prepared, and filed with the City Clerk, a report concerning the assessments within the Landscape Maintenance Districts for Fiscal Year 2023/24. Reference is made to such report, which presents, for each district, the plans and specifications for the improvements, an estimate of the costs of the improvements, and an assessment of the estimated costs of the improvements; 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 Landscape Maintenance Districts, but are based upon the special benefit received from the improvements 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 Landscape Maintenance 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 Landscape Maintenance Districts will receive special benefit from the maintenance and operation of the authorized services therein. b. The Landscape Maintenance Districts include all of the lands receiving such special benefit.
c. The net amounts to be assessed upon the lands within the Landscape Maintenance 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 Landscape Maintenance 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