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1989-11 RESOLUTION NO . 89- 11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE , CALIFORNIA, DECLARING ITS INTEN- TION TO ORDER THE FORMATION OF A LANDSCAPING AND LIGHTING DISTRICT NO . 89-1 AND LEVY OF ANNUAL ASSESSMENTS PURSUANT TO THE PROVISIONS OF DECISION 15 , PART 2 OF THE STREETS AND HIGH- WAYS CODE OF THE STATE OF CALIFORNIA, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON WHEREAS , the CITY COUNCIL of the CITY OF GRAND TERRACE , CALIFORNIA , desires to form a landscaping and lighting district pursuant to the terms and provisions of the "Landscaping and Lighting Act of 1972 , " being Division 15 , Part 2 of the Streets and Highways Code of the State of California , in that is known and designated as CITY OF GRAND TERRACE TERRACE PINES LANDSCAPING AND LIGHTING DISTRICT NO. 89-1 (hereinafter referred to as the "District" ) ; and WHEREAS , at this time , this City Council is desirous to take proceedings to provide for the formation of a landscaping and lighting district and the levy of assessments for the next ensuing fiscal year , to provide for the costs and expenses neces- sary for continual maintenance of improvements within said District ; and WHEREAS , at this time , there has been presented and approved by this City Council , the Engineer ' s "Report" as requir- ed by law , and this City Council is desirous of proceeding with the proceedings for said annual levy and annexation ; and WHEREAS , there has been submitted a petition from 100% of the affected property owners waiving their right to a noticed public hearing . NOW , THEREFORE , BE IT RESOLVED that the . City Council of the City of Grand Terrace does hereby resolve , determine and order as follows : SECTION 1 . That the above recitals are all true and correct. PUBLIC INTEREST SECTION 2 . That the public interest and convenience requires , and it is the intention of this City Council , to under- �1 , RESOLUTION NO. 89- 11 PAGE 2 take proceedings for the formation of a landscaping and lighting district , and the annual levy and collection of special assess- ments for the continual maintenance of certain improvements , all to serve and benefit said District as said area is shown and delineated on a map as previously approved by this City Council and on file in the Office of the City Clerk , open to public inspection , and herein so referenced and made a part hereof , and proposed changes thereto are set forth in the "Report" of the Engineer , incorporated herein as a part hereof . REPORT SECTION 3 . That the "Report" of the Engineer regarding the annual levy for said District , which "Report" is for mainten- ance for the fiscal year 1989-90 , is hereby approved and is directed to be filed in the Office of the City Clerk . ASSESSMENT SECTION 4. That the public interest and convenience requires , and it is the intention of this City Council to order the annual assessment levy for the District as set forth and described in said Engineer ' s "Report , " and further it is deter- mined to be in the best public interest and convenience to levy and collect annual assessments to pay the costs and expense of said maintenance and improvement as estimated in said "Report. " DESCRIPTION OF MAINTENANCE SECTION 5 . The assessments levied and collected shall be for the maintenance of certain landscaping and lighting im- provements , as set forth in the Engineer ' s "Report , " referenced and so incorporated herein . COUNTY AUDITOR SECTION 6 . The County Auditor shall enter on the County Assessment Roll the amount of the assessments , and shall collect said assessments at the time and in the same manner as . County taxes are collected . After collection by the County , the net amount of the assessments , after the deduction of any compensa- tion due to the County for collection , shall be paid to the Treasurer for purposes of paying for the costs and expenses of said District. ram, RESOLUTION NO . 89- 11 PAGE 3 SPECIAL FUND SECTION 7 . That all monies collected shall be deposited in a special fund known as . "SPECIAL FUND CITY OF GRAND TERRACE TERRACE PINES LANDSCAPING AND LIGHTING DISTRICT NO. 89- 1 " Payment shall be made out of said fund only for the purpose pro- vided for in this Resolution , and in order to expedite the making of this maintenance and improvement , the City Council may trans- fer into said fu-nds as it may deem _ necessary to expedite the proceedings . Any funds shall be repaid out of the proceeds of the assessments provided for in this Resolution . BOUNDARIES OF DISTRICT SECTION 8. Said contemplated maintenance work is , in the opinion of this City Council , of direct benefit to the pro- perties within the boundaries of the District , and this City Council makes the costs and expenses of said maintenance charge- able upon a district , which district said City Council hereby declares to be the district benefited by said improvement and maintenance , and to be further assessed to pay the costs and expenses thereof . Said District shall include each and every parcel of land within the boundaries of said District , as said District is shown on a map as approved by this City Council and on file in the Office of the City Clerk , and so designated by the name of the District. PUBLIC PROPERTY SECTION 9 . Any lots or parcels of land known as public property , as the same are defined in Section 22663 of Division 15 , Part 2 of the Streets and Highways Code of the State of California , which are included within the boundaries of the District , shall be omitted and exempt from any assessment to be made under these proceedings to cover any of the costs and ex- penses of said improvements and maintenance work . PUBLIC HEARING SECTION 10 . NOTICE IS HEREBY GIVEN THAT THURSDAY , THE 10TH DAY OF AUGUST , 1989 , AT THE HOUR OF 6 : 00 O ' CLOCK P .M. , IN THE REGULAR MEETING OF THE CITY COUNCIL , BEING THE COUNCIL CHAM- BERS , IS THE TIME AND PLACE FIXED BY THIS -CITY COUNCIL FOR THE HEARING OF PROTESTS OR OBJECTIONS IN REFERENCE TO THE FORMATION RESOLUTION NO . 89- 11 PAGE 4 OF SAID DISTRICT , THE ANNUAL LEVY OF ASSESSMENTS , THE EXTENT OF THE MAINTENANCE , AND ANY RELATED MATTER , BY THOSE PROPERTY OWNERS AFFECTED HEREBY . ANY PERSONS WHO WISH TO OBJECT SHOULD FILE A WRITTEN PROTEST WITH THE CITY CLERK PRIOR TO THE TIME SET AND SCHEDULED FOR SAID PUBLIC HEARING. NOTICE SECTION 11 . That the City Clerk is hereby authorized and directed to publish , pursuant to Government Code Section 6066 ; a copy of this Resolution in the SAN BERNARDINO SUN-TRI- BUNE , a newspaper of general circulation within said City , said publication shall be not less than ten ( 10 ) days before the date set for said Public Hearing . SECTION 12 . That the City Clerk is further directed to cause a copy of the Resolution of Intention to be posted upon the official bulletin board customarily used for the posting of notices . EFFECTIVE DATE SECTION 13 . That this Resolution shall take effect immediately upon its adoption . PROCEEDINGS INQUIRIES SECTION 14 . For any and all information relating to the proceedings , protest procedure , any documentation and/or informa- tion of a procedural or technical nature , your attention is directed to the below-listed person at the local agency or de- partment so designated : JOE KICAK CITY ENGINEER CITY OF GRAND TERRACE 22795 Barton Road Grand Terrace , California 92324 (714) 824-6621 RESOLUTION NO. 89- 11 PAGE 5 PASSED , APPROVED AND ADOPTED this 13th day of July , 1989 , by the following vote: AYES : Councilmembers Pfennighausen , Singley , Carl - strom, Mayor Pro Tem Grant ; Mayor Matteson NOES : None ABSENT : None ABSTAIN : None B R R. A TES A CI OF GRAND TERRACE ATTEST: FN A B , T CLERK OF GRAND)TERRACE APPROVED AS TO FORM: R. C_JITY ATTORNEY STATE OF CALIFOR IA ) COUNTY OF SAN BERNARDINO ) ss . CITY OF GRAND TERRACE ) I , JUANITA BROWN , CITY CLERK of the CITY OF GRAND TERRACE , CALI- FORNIA , DO HEREBY CERTIFY that the foregoing Resolution , being Resolution No. - 89- 11 , was duly passed , approved and adopted by the City Council , approved and signed by the Mayor , and attested by the City Clerk , all at the July 13 , 1989 meeting of the City Council held on the 13th day of July , 1989 , and that the same was passed and adopted by the following vote : AYES : Councilmembers Pfennighausen , Singley , Carlstrom , Mayor Pro Tem Grant ; Mayor Matteson NOES : None ABSENT : None ABSTAIN : None EXECUTED this 17th day of July , 1989 , at Grand Terrace , Califor- nia . J '�ANITA BRO TY CLER _ TY OF GRAND T_ RACE -� STATE OF CALIFORNIA