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RESOLUTION NO. __________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RIALTO, CALIFORNIA, DECLARING THE RESULTS OF THE
PROPERTY OWNER PROTEST BALLOT PROCEEDINGS
CONDUCTED FOR THE PROPOSED LEVY OF ASSESSMENTS
RELATED TO THE ANNEXATION OF TERRITORIES TO THE
RIALTO LANDSCAPING AND LIGHTING MAINTENANCE
DISTRICT NO. 2, COMMENCING IN FISCAL YEAR 2022/2023
WHEREAS, the City Council of the City of Rialto (the “City”) pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Part 2, Division 15 of the California Streets and Highways Code, commencing with Section 22500 (hereafter referred to as the “Act”), did by previous resolutions, initiate proceedings for the annexation of Territories to Landscaping and Lighting Maintenance District No. 2 (the “District”), consisting of PPD 2019-0010 (CIVF V -CA1M03-M04 LLC ), PPD 202 1-0020 (Mulberry Partners, LLC formerly Lord/Maurer LLC), (hereinafter referred to as the “Annexation Territories”), and declared its intent ion to conduct a protest balloting for the levy of new assessments wit hin the Annexation Territories commencing in Fiscal Year 2022/2023 for the special benefits received by properties ther ein from the i mprovements related thereto; and,
WHEREAS, in accordanc e with the prov isions of the California Constitution, Article XIIID, the City Council has ca used and co nducted a property owner protest ballo t proceeding for the p roposed new assessments to be levied on propert ies within t he Annexation Territories; and,
WHEREAS, the assessments presented to each property owner of record within the Annexation Territories reflects each pr operty’s proportional specia l benefit and financia l obligation for the costs and expenses related to the maintenance, servicing and operation of local lighting improvements therein as authoriz ed by the Act a nd the provisions of the California Constitution and t he ballots presented cl early identified the t otal amount balloted to all properties, the proposed as sessment rate, the pro perty’s proport ional
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annual amount commencing with Fiscal Year 2022/2023 and the inflationary adjustment applicable to future assessments; and
WHEREAS, upon the close of the Publi c Hearing held on February 14, 2023 , the protest ballots returned by the landowners of record within the Annexation Territory, were opened and tabulated, the results of which are illustrated below:
Zone 32 & Zone L
PPD 2019-0010
CIVF V - CA1M03 - M04 LLC
Yes:
No:
Zone 33 & Zone L
PPD 2021-0020
MULBERRY PARTNERS, LLC
Yes:
No:
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NOW, THEREFORE, THE CITY COUNCIL OF T HE CITY OF RIALT O DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: The above recitals are true and correct.
Section 2: The protest proceedings were conducted with the not ices and ballots of the proposed new a ssessments presented to th e qualified property ow ners within the Annexation Territories as required by law, with a required receipt of the returned ballots to the City Clerk prior to the close of the Public Hearing on February 14, 2023.
Section 3 : The canvass of the protest ballots c ast for the proposed asse ssments and Annexation Territories, received prior to the close of the public hearing and weighted according to the prop ortional finan cial obligat ion of th e affected pro perties is hereby approved and confirmed.
Section 4: The City Clerk is hereby directed to enter this Resolution on the minutes of this meeting, which shall constitute the official declaration of the result of such property owner protest ballot proceeding.
Section 5 : This Resolution shall becom e effective immediately u pon its adopt ion and the City Clerk shall certify the adoption of this Resolution.
PASSED APPROVED AND ADOPTED this _____ day of ______, 2023.
_______________________________
DEBORAH ROBERTSON, Mayor
ATTEST:
_________________________________
BARBARA A. McGEE, City Clerk
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APPROVED AS TO FORM:
_________________________________
ERIC S. VAIL, City Attorney
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STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF RIALTO )
I, Barbara McGee, City Clerk of the City of Rialto, do hereb y certify that the foregoing Resolution No. __________ was duly passed an d adopted at a regular meeting of the City Council of the City of Rialto held on the ______day of _______, 2023.
Upon motion of Council Member ___________, seconded by Council Member ____________, the foregoing Resolution No. __________ was duly passed and adopted.
Vote on the motion:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of Rialto this ______ day of ____________, 2023.
_______________________________
BARBARA A. McGEE, CITY CLERK