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 2023/2024 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 2020-0012 (QR Birtcher Willow Ave Owner LLC), PPD 2021-0004 (Renaissance Travel Center LP), PPD 2021-0043 (Rialto Apartments LLC), PPD 2021-0063 (CRP/Lovett Rialto Industrial Owner LLC), (hereinafter referred to as the “Annexation Territories”), and declared its intention to conduct a protest balloting for the levy of new assessments within the Annexation Territories commencing in Fiscal Year 2023/2024 for the special benefits received by properties therein from the improvements related thereto; and, WHEREAS, in accordance with the provisions of the California Constitution, Article XIIID, the City Council has caused and conducted a property owner protest ballot proceeding for the proposed new assessments to be levied on properties within the Annexation Territories; and, WHEREAS, the assessments presented to each property owner of record within the Annexation Territories reflects each property’s proportional special benefit and financial obligation for the costs and expenses related to the maintenance, servicing and operation of local lighting improvements therein as authorized by the Act and the provisions of the California Constitution and the ballots presented clearly identified the total amount balloted to all properties, the proposed assessment rate, the property’s proportional annual amount commencing with Fiscal Year 2023/2024 and the inflationary adjustment applicable to future assessments; and WHEREAS, upon the close of the Public Hearing held on October 24, 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:
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RIALTO 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 notices and ballots of the proposed new assessments presented to the qualified property owners 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 October 24, 2023.
Section 3: The canvass of the protest ballots cast for the proposed assessments and Annexation Territories, received prior to the close of the public hearing and weighted according to the proportional financial obligation of the affected properties 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 become effective immediately upon its adoption 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
APPROVED AS TO FORM:
_________________________________
ERIC S. VAIL, City Attorney
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF RIALTO )
I, Barbara McGee, City Clerk of the City of Rialto, do hereby certify that the foregoing Resolution No. __________ was duly passed and 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
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