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RESOLUTION NO. __________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RIALTO, CALIFORNIA CONFIRMING THE ENGINEER’S
REPORT REGARDING THE ANNEXATION OF TERRITORY TO
THE RIALTO LANDSCAPING AND LIGHTING MAINTENANCE
DISTRICT NO. 2; THE LEVY OF ANNUAL ASSESSMENTS
DESCRIBED THEREIN; AND THE ASSESSMENT DIAGRAM
CONNECTED THEREWITH; AND ORDERING THE LEVY AND
COLLECTION OF ASSESSMENTS COMMENCING IN FISCAL
YEAR 2022/2023 FOR SAID ANNEXATION
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 o f territory 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, L LC f ormerly Lord/Maurer LLC), (hereinafter referred to as the “Annexation Territory”), and declared its intention to conduct a protest bal loting for the levy of new assessments wit hin the An nexation Territory c ommencing in Fisc al Year 2022/2023 for the special benefits received by pr operties therein for the operation, maintenance and servicin g of landscape and lighting improvements, and all appurtenant facilities related thereto in accordance with the provisions of t he Califo rnia Constitution Article XIIID (the “Constitution”); and,
WHEREAS, an Engineer’s Report containing an Assessment Diagra m has been prepared, filed and presente d to the Ci ty Council in connection with t he proceedings for the annexation of propertie s within the Annexation Te rritory and the annual levy of assessments related thereto commencing Fiscal Year 2022/2023 as required by the Act and the Constitution; and,
WHEREAS, the City Council has duly held a public hearing regarding these matters and has conducted a property o wner pro test bal lot proceeding for the prop osed new
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assessments related thereto, the results of which have been presented and confirmed by this City Council; and,
WHEREAS, the City Cou ncil desire s to levy and collect assessme nts against parcels of land wit hin the Annexation Territory for the fiscal year com mencing July 1, 2022 and ending June 30, 2023 (Fiscal Year 2022/2023), to pay the costs an d expenses of the ongoing operation, maint enance, and servicing of improvements, a ppurtenant facilities; and the incidental expenses related thereto that hav e been determined to be of special benefit to the properties and the development of properties with in the Annexation Territory, as described in the Engineer’s Report.
NOW, THEREFORE , THE CITY COUNCIL OF THE CITY O F RIALTO DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: The above recitals are true and correct.
Section 2: Based on testimony given, the results of the property owner protest ballot proceedings and the docu ments and discussion presented, the City Council has directed and confirmed any nece ssary modifications or amendments to the Engineer’s Report previously presented and filed based on th e tabulation of the property ow ner protest ballots, and said modifications or amendments so reflected by the minutes of this meeting shall by reference be incorporated into the approved Engineer’s Report.
Section 3: The Engineer’s Report and Assessment Diagram connected therewith as approved, shall constitute the territory and properties within the Annexation Territory, and confirm and establish th e method of apportionment and the maximum asse ssment rate including the assessment range formula as presented to the property owners of record in the ballot proce eding. Said assessm ents as described in the Engineer’ s Repo rt as submitted or amended, includi ng the as sessment range formula described ther ein, are hereby confirmed and adopted by the City Council.
Section 4: Based upon its review (an d amendment s, as appl icable) of the Engineer’s Report, which has been file d with the City Clerk, the City Council h ereby finds and determines that:
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4a) The land within the Annexation Territory as approved will rec eive special benefit from the operation, m aintenance and servic ing of landscaping and lighting improvements and all a ppurtenant facilities related thereto, t o be provided by the District as described in the approved Engineer’s Report.
4b) The Annexation T erritory as defined by the Assessment Diag rams in the approved Engineer’s Report includes all of the lands receiving such special benefit. 4c) The net amoun t to be a ssessed upon the lands within the Ann exation Territory as approved ha s been apportioned by a formula and met hod which fairly distributes the net amount among all eligible parcels in proportion to the special benefit to be r eceived by each parcel f rom the i mprovements and services to be provid ed commencing with Fiscal Year 2022/2023.
Section 5 : The City C ouncil hereby orders the propos ed improvem ents as described within th e approved Engineer’s Report to be made . T he improvements so described generally inclu de, b ut are not limited to, the maint enance, operat ion and servicing of the local landscaping and lig hting i mprovements established or installe d in connection with the development of properties within the appr oved Annexation Territory or directly associated with the properties within those An nexation Territories and shall b e maintained by the City for the special benefit of the properties therein pursuant to the Act.
Section 6 : The adoption of this Resolution c onstitutes the annexation of the approved Annexation Territory to the District, the boundaries of which are containe d in the Assessment Diagrams; th e establishment of the maximum assessment rate and assessment range formula connected therewith; and the ass essments for the fiscal year commencing July 1, 2022 and ending June 30, 2023 , as de scribed in the approved Engineer’s Report and adopted by the Cit y Council, and the County Audit or of San Bernardino shall enter on the County Assessment Roll opposite each parcel of land the amount of levy so d escribed in the approved Engineer’s Report, and such levies shall be collected at the same time and in the same manner as the County taxes a re collected.
After c ollection by the County, the net amount of the levy shal l b e p aid to the City
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Treasurer.
Section 7 : The City Clerk shall certify to the passa ge and adoptio n of this Resolution, and the minutes o f this meeting shall so reflect the City Council’s approval of the annexation of Territory to the Distri ct; t he adoption and confi rmation of the Assessment Diagram; an d the establishment of the maximum a ssessment rate (s), assessment range formula and the assessments for Fiscal Year 2022/2023 as described in the approved Engineer’s Report as submitted or amended herein.
Section 8: The City Clerk or their designee is hereby authorized and directed to file the levy of ass essments for Fiscal Year 2022/2023 as approved, with the County A uditor of San Bernardino upon adoption of the Resolution confirming the annual assessments for all Zones and parcels in the District.
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PASSED APPROVED AND ADOPTED ______ day of _____, 2023.
_______________________________
DEBORAH ROBERTSON, Mayor
ATTEST:
_________________________________
BARBARA A. McGEE, City Clerk
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 t he City of Rialto, do hereby certify that the forego ing Resolution No. __________ was duly passed and adopted at a regul ar meeting of the City Council of the City of Rialto held on the ____ day of ______, 2023.
Upon moti on of Council Member ___________, se conded by C ouncil 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