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1983-29 RESOLUTION NO. 83-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE FORMATION OF A LANDSCAPING AND LIGHTING DISTRICT TO LEVY AND COLLECT ASSESSMENTS FOR CERTAIN IMPROVEMENTS PURSUANT TO PROVISIONS OF DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS 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, desires to initiate, proceedings for the formation of 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 what is known and designated as CITY OF GRAND TERRACE LANDSCAPING AND LIGHTING DISTRICT NO. 83-1 (hereinafter referred to as the "District") ; and WHEREAS, there has been presented and approved by this City Council the Engineer's "Report" as required by law, and at this time this City Council is desirous to proceed with the formation of said District. NOW, THEREFORE, the City Council of the City of Grand Terrace does hereby resolve as follows: SECTION 1. That the above recitals are all true and correct. SECTION 2. That the public interest and convenience requires, and it is the intention of this City Council to order, the formation of a Landscaping and Lighting District to levy and collect annual assessments for continual maintenance of certain improvements, all to serve and benefit said District as said area is shown and delineated on a map 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. SECTION 3. REPORT .- That-the "Report" of the Engineer regarding the formation of said EF- stri6f, which "Report" is for the maintenance of the fiscal year 1983-84, is hereby approved, and is directed to be filed in the Office of the City Clerk and open to public inspection. SECTION 4. RIGHTS-OF-WAY - That all railroad, gas, water, electric utility, and electric line rig s-of-way shall be included within the proposed District and assessed in accordance with benefit derived, pursuant to Government Code Section 22595 of the State of California. SECTION 5. ASSESSMENT - That the public interest and convenience requires, and it is the intention of this City Council to order, the formation of the District as set forth and described in said Engineer's "Report", and further it is determined to be within the best public interest and convenience to levy and collect annual assessments to pay the costs and expenses of said maintenance and improvement as estimated in said "Report". SECTION 6. DESCRIPTION OF MAINTENANCE - The improvements for which said District is to be formed, and t e. assessments levied and collected, shall be for the maintenance of certain improvements as set forth in the "Report" of the Engineer, referenced and so incorporated herein. SECTION 7. COUNTY AUDITOR - 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 compensation due to the County for collection, shall be paid to the Treasurer for purposes of paying for the costs and expenses of said District. SECTION 8. SPECIAL FUND - The City Treasurer herewith shall establish a special fund designate as "SPECIAL FUND CITY OF GRAND TERRACE LANDSCAPING AND LIGHTING DISTRICT NO. 83-1" into which the said Treasurer shall place all monies collected by the Tax Collector as soon as said monies have been received by said Treasurer. _ Payment shall be made out of said Fund only for the purpose provided for in . this Resolution, and, in order to expedite the making of this maintenance and improvement, the City Council may transfer into said special fund money from any available source, such funds as it may deem necessary to expedite the proceedings. Any funds so transferred shall be deemed a loan to said special fund, and shall be repaid out of the proceeds of the assessments provided for in this Resolution. SECTION 9. BOUNDARIES OF DISTRICT - Said contemplated improvement and maintenance work is, in the opinion o t is City Council , of direct benefit to the properties within the boundaries of the District, and this City Council makes the costs and expenses of said improvement and maintenance chargeable 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. SECTION 10. PUBLIC PROPERTY - 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, which are included within the boundaries of the District, shall be omitted and exempt from any assessment to be made - 2 - under these proceedings to cover any of the costs and expenses of said improvement and maintenance work. SECTION 11. PUBLIC HEARING - NOTICE IS HEREBY GIVEN THAT THURSDAY, THE 14TH DAY OF JULY, 1983, AT THE HOUR OF 6:00 O'CLOCK P.M. , IN THE REGULAR MEETING PLACE OF THE CITY COUNCIL, BEING TERRACE VIEW ELEMENTARY SCHOOL, 22731 GRAND TERRACE ROAD, GRAND TERRACE, IS THE TIME AND PLACE FIXED BY THIS CITY COUNCIL FOR THE HEARING OF PROTESTS OR OBJECTIONS IN REFERENCE TO THE FORMATION OF THE PROPOSED DISTRICT, TO THE EXTENT OF THE MAINTENANCE, WORKS OF IMPROVEMENT, AND ANY OTHER MATTERS CONTAINED IN THIS RESOLUTION. ANY PERSON WHO WISHES TO OBJECT TO THE FORMATION OF THE DISTRICT SHOULD FILE A WRITTEN PROTEST WITH THE CITY CLERK PRIOR TO THE TIME SET AND SCHEDULED FOR SAID PUBLIC HEARING. SECTION 12. NOTICE - That the City Clerk is hereby authorized and directed to post in tr�ner and location used by the City to provide public notice; said posting shall be completed not less than ten (10) days before the date of said public hearing and shall be maintained continuously until the date of the public hearing. SECTION 13. That the City Clerk is hereby directed to mail notices of the Public Hearing on the formation of the District to all persons as required and as specified pursuant to Section 22556 of the Streets and Highways Code of the State of California, said mailing to be completed no less than ten (10) days before the date set for the Public Hearing. SECTION 14. PROCEEDINGS INQUIRIES - For any and all information relating to the proceedings, protest procedure, any documentation and/or information of a procedural or technical nature, your attention is directed to the below listed person and the local agency of department so designated: Joseph Kicak City Engineer City of Grand Terrace 22365 Barton Road, Suite 110 Grand Terrace, CA 92324 (714) 825-3825 ADOPTED this 23rd day of June, 1983. ATTEST: Ci-ty of t e City of Gran Mayor o t i of Grand a ace `'-Terrace=and of the City Counc' and of the C Council thereof. therrebf. Approved as to fo ir� i r -k City Attorney - 3 - STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss. CITY OF GRAND TERRACE ) I, MYRNA ERWAY, City Clerk of the City of Grand Terrace, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of said City at a regular meeting of the City Council held on the 23rd day of June, 1983, and that it was so adopted by the following vote: AYES: Councilmembers Rigley, Petta, Nix, Pfennighausen Mayor Grant. NOES: None. ABSENT: None. City Cler f the ,ty of G.ranl err=ece- and of thLUCity Council thereo"; STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss. CITY OF GRAND TERRACE ) I, MYRNA ERWAY, City Clerk of the City of Grand Terrace, DO HEREBY CERTIFY that the above and foregoing is a full , true, and correct copy of Resolution No. 83-29 of said City, and that the same has not been amended or repealed. DATED: June 24, 1983. City c of the C,ty of G ray, ery-ac, and of he City Council these. . .` .