Attachment E
Resolution No. 23-097
RESOLUTION NO. 23-097
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE,
CALIFORNIA, DECLARING THE RESULTS OF THE PROPERTY
OWNER PROTEST BALLOT PROCEEDINGS CONDUCTED FOR THE
PROPOSED LEVY OF ASSESSMENTS RELATED TO THE
ANNEXATION OF TRACT MAP NO. 20280 TO VICTORVILLE
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 6, IN
FISCAL YEAR 2023/2024
WHEREAS, the City Council of the City of Victorville (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 territory to the City of Victorville Landscape Maintenance Assessment District No. 6 (“LMAD No. 6”) consisting of Assessor Parcel Numbers within book 0395 on page 221, parcel 10; page 234, parcels 1, 11 and 12; page 245, parcels 4 and 7; page 246, parcels 7 and 8; and page 254, parcels 2 and 3, Tract Map No. 20280 (“Annexation Territory”) and declared its intention to conduct a protest balloting for the levy of new assessments within the Annexation Territory commencing in Fiscal Year 2024/2025 for the special benefits received by properties therein for the operation, maintenance and servicing of landscaping improvements, and all appurtenant facilities 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 Territory; and
WHEREAS, the assessment presented to the property owner of record within the Annexation Territory reflects the special benefit and financial obligation for the costs and expenses related to the maintenance, servicing and operation of local landscaping improvements therein as authorized by the Act and the provisions of the California Constitution and the ballot presented clearly identified the total amount balloted on the property, the proposed assessment rate, the property’s annual amount for Fiscal Year 2023/2024 if developed and the inflationary adjustment applicable and applied to future assessments beginning with fiscal year 2024/2025; and
WHEREAS, upon the close of the public hearing held on December 5, 2023, the protest ballots returned by the landowner of record within the Annexation Territory, was opened and tabulated, the results of which are illustrated below:
City of Victorville Landscape Maintenance Assessment District No. 6 Tract Map No. 20280
Yes _________________
No _________________
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE 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 Territory 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 December 5, 2023.
Section 3.The canvass of the protest ballot cast for the proposed assessment and Annexation Territory, 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.