ATTACHMENT 1
RESOLUTION NO. 2024-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VISALIA
CERTIFYING TO THE COUNTY THE VALIDITY OF THE LEGAL PROCESS
USED TO PLACE MISCELLANEOUS SPECIAL ASSESSMENTS ON THE
SECURED TAX ROLL
WHEREAS, Section 25831 of the Government Code and Section 40059 of the Public Resources Code establishes the procedure for collection of solid waste fees remaining unpaid to the local agency for 60 days or more; and
WHEREAS, Sections 38771-38775 of the Government Code authorizes cities to declare what constitutes a nuisance, establish a procedure for the abatement of a nuisance, and make the cost of abatement of a nuisance a special assessment against the parcel; and
WHEREAS, Sections 5610-5630 of the Streets and Highways Code authorizes cities to recover the costs of repairing sidewalks, curbs, and gutter as a special assessment, Sections 22500-22679 authorize the creation of landscape and lighting assessment districts ; and
WHEREAS, the City is a charter law city under the laws of the State of California and authorized to possess, and exercise all powers and rights vested in said City of Visalia, under its charter, the Constitution of California and the laws of the state, and all powers which a municipal corporation may lawfully possess or exercise under the Constitution of California, which include but are not limited to the sewer services, creation of assessment districts, creation of underground utility districts, and for the collection of development impact fees; and
WHEREAS, the written notices have been mailed to all delinquent accounts, and the required public hearings have been held as specified by the Visalia Ordinance Code; and
WHEREAS, a public hearing was held on June 3, 2024; and
WHEREAS , the City is placing miscellaneous special assessments on the Tulare County secured property tax roll for collection; and
WHEREAS, the City has complied with all laws pertaining to the levy of the special assessments to be collected; and
WHEREAS, the special assessments have been levied in accordance with a particular benefit to each parcel to be assessed without regard to its assessed valuation; and
WHEREAS, the Curb and Gutter special assessments are for the construction of curb and gutter or sidewalk for the specific parcel; and
WHEREAS, the Sewer Connection special assessments are for the construction of the service lateral and for connection to the Visalia Waste Water Treatment Plant for the specific parcel; and
WHEREAS, the Deferred Impact Fee special assessments are for the development impact fees of eligible companies whose operations have met the specific guidelines established by City Ordinance; and
WHEREAS, the Property and Business Improvement District special assessments are for the improvements, projects, programs and activities of the Visalia downtown; and
WHEREAS, the Northeast Improvement District special assessments are used to develop and maintain the Northeast Area Specific Plan; and
WHEREAS, the Landscape & Lighting Maintenance District special assessments are used for maintenance and operation of the improvements situated in the specific Maintenance District; and
WHEREAS, the Landscape & Lighting Parks Construction special assessments are used for the repayment of a General Fund loan that financed the construction of Majestic Park in the Woodside Sousa District ; and
WHEREAS, the Open Space District special assessments are used for maintenance and operation of the improvements situated in the specific Maintenance District; and
WHEREAS, the Orchard Walk East/West Utility special assessments are for the repayment of debt associated with the costs and expenses to improve underground utilities; and
WHEREAS, the Laura and Atwood Water Main special assessments are for the repayment of a 15 year bond for water main extensions in these specific neighborhoods; and
WHEREAS, the Delinquent Utilities special assessments are used for the payment of delinquent service charges for refuse and/or sewer service that are billed for city services only accounts; and
WHEREAS, the Code Enforcement special assessments are used for the cost recovery of Code Enforcement fees for the specific parcel; and
WHEREAS, the Weed & Lot Abatement special assessments are used for the clearing of weeds and other materials from lots which pose a fire hazard.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Visalia that the list submitted with parcel numbers, and amount are certified as being correct, the Finance Director is hereby directed to give the list to the Tulare County Auditor for placement on the secured tax roll for collection:
1. Curb and Gutter special assessments,
2. Sewer Connection special assessments,
3. Deferred Impact Fee special assessments,
4. Property and Business Improvement District special assessments,
5. Northeast Improvement District special assessments,
6. Landscape and Lighting Maintenance District special assessments,
7. Landscape and Lighting Parks Construction special assessments,
8. Open Space District special assessments,
9. Orchard Walk East/West Utility special assessments,
10. Laura and Atwood Water Main special assessments,
11. Delinquent Utilities special assessments,
12. Code Enforcement special assessments,
13. Weed and Lot Clearing special assessments.
PASSED AND ADOPTED:
STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.
CITY OF VISALIA