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HomeMy WebLinkAboutCC Resolution 13574 (Pt. San Pedro Median Landscaping District)RESOLUTION NO. 13574 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL CONFIRMING THE ENGINEER'S ANNUAL LEVY REPORT FOR THE PT. SAN PEDRO ROAD MEDIAN LANDSCAPING ASSESSMENT DISTRICT; THE ASSESSMENT DIAGRAM CONNECTED THEREWITH; AND ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2013/2414 RESOLVED, by the City Council (the "Council") of the City of San Rafael (the "City") as follows: WHEREAS, the City Council 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 (the "1972 Act"), did by previous Resolution, initiate proceedings for the annual levy of assessments for the San Rafael Pt. San Pedro Road Median Landscaping Assessment District (the "District") for Fiscal Year 2013/2014 for the special benefits received by properties therein from the improvements related thereto in accordance with the provisions of the California Constitution Article XIIID (the "Constitution"); and, WHEREAS, an Engineer's Report, entitled "City of San Rafael, Engineer's Annual Report, Pt. San Pedro Road Median Landscaping Assessment District, Fiscal Year 2013-2014", a copy of which is attached hereto as Exhibit A ("Engineer's Report") containing an Assessment Diagram has been prepared, filed and presented to the City Council in connection with the proposed annual levy of assessments for parcels within the District for Fiscal Year 20 13 /2014 as required by the 1972 Act and the Constitution; and, WHEREAS, the City Council has duly held a public hearing regarding these matters and the City Council desires to levy and collect the annual assessments against parcels of land within the District for the fiscal year commencing July 1, 2013 and ending June 30. 2014 (Fiscal Year 2013/2014), to pay the costs and expenses determined to be of special benefit to the properties within the District, as described in the Engineer's Report. NOW, THEREFORE IT IS HEREBY RESOLVED that; Section l: "I'he above recitals are true and correct. Section 2: Based on testimony given and the documents and discussion presented, the Cit., Council his directed and confirmed any necessary modifications or amendments to the Engineer's Report previously presented and tiled, 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 District, and shall be the basis upon which the annual assessments are calculated in accordance with the method of apportionment and the assessment rates as described therein. Said assessments as described in the Engineer's Report as submitted or amended, including the assessment range formula, are hereby confirmed and adopted by the City Council. Sections 4: Based upon its review of the Engineer's Report (including any amendments, as applicable), which has been filed with the City Clerk, the City Council hereby finds and determines that: 4a) The land within the boundaries of the District will receive special benefit from the improvements, services, activities and all appurtenant facilities and expenses related thereto, that are to be provided by the District as outlined in the Engineer's Report. 4b) The boundaries of the District as defined by the Assessment Diagram contained in the Engineer's Report includes all of the lands receiving such special benefit, 4c) The net amount to be assessed upon the lands within the District, has been apportioned by a formula and method which fairly distributes the net amount among all eligible parcels in proportion to the special benefit to be received by each parcel from the improvements and services to be provided commencing with Fiscal Year 2013/2014. Section 5: The City Council hereby orders the proposed improvements as described in the Engineer's Report to be made, The improvements so described generally include, but are not limited to, the construction, installation, maintenance, operation, servicing and Financing of the median landscaping within the District or directly associated with the properties therein for the special benefit of those properties. Section 6: The adoption of this Resolution confirms the Assessment Diagram in the Engineer's Report which defines the boundaries of the District; the maximum assessment rate applicable to the District including the assessment range formula: and the assessments to be levied for the fiscal year commencing July 1, 2013 and ending June 30, 2014. as described in the I Engineer's Report and adopted by the City Council. Section 7: The City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the City Council's adoption and confin-nation of the Assessment Diagram for the District; and the assessments to be levied for Fiscal Year 2013/2014 as described in the Engineer's Report. Section 8: The City Clerk or their designee is hereby authorized and directed to file the levy of assessments for Fiscal Year 2013/2014 as approved, with the County Auditor of Marin upon adoption of the Resolution confirming the annual assessments for all parcels in the District, and such levies shall be collected at the same time and in the same manner as the County taxes are collected. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a scheduled meeting of the City Council of the City of San Rafael on Monday, the 15`h day of July, 2013, by the following vote, to wit: AYES: COUNCILMEMBERS: Colin, Connolly, Heller, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENI": COUNCILMEMBERS: None ESTHER C. BEIRNE, City Clerk