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1981-40 RESOLUTION NO. 81-40 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 NO. 81-01 WITHIN SAID CI.TY-, AND TO LEVY AND COLLECT ASSESSMENTS FOR CERTAIN STREET LIGHTING 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, this City Council has- considered the formation of a' landscaping and lighting district pursuant to -the provisions of Division 15, Part 2 of the Streets and Highways Code of the State of California, being the "Landscaping and Lighting Act of 1972" , for a maintenance district to be known and designated as: CITY OF GRAND TERRACE LANDSCAPING AND LIGHTING DISTRICT NO. 81-01 (.hereinafter referred to as the "District") ; and WHEREAS, at this time, 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 of proceeding with the formation of said District. NOW, THEREFORE, 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 order the formation of a Landscaping and Lighting District to levy and collect annual assessments for the continual maintenance of certain street lighting 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. REPORT SECTION 3. That the "Report" of the Engineer regarding the formation of said District, which "Report" is for the maintenance of the fiscal year 1981-82, is hereby approved, and is directed to be filed in the Office of the City Clerk. RIGHTS-OF-WAY SECTION 4. That all railroad, gas, water and electric utility rights-of-way and electric line rights-of-way shall be included within the proposed District and assessed in accordance with benefit derived _pursuant to California Government Code Section 22595. ASSESSMENT SECTION 5. That the public interest and convenience requires, and it is the i'ntenti-on of this City. Council to order the formation of the Landscaping and Street Lighting District as set forth and described in said Engineer' s "Report," and further it* is determined .to be within theibest 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. " DESCRIPTION OF MAINTENANCE SECTION 6. The improvements .for which said Landscaping and Lighting District is to be formed and the assessments levied and collected, shall .be for the maintenance of certain landscaping and street lighting improvements as set forth in the Engineer' s Report, referenced and so incorporated herein. COUNTY AUDITOR SECTION .7. 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. SPECIAL FUND SECTION 8. The City Treasurer herewith shall establish a special fund known as CITY OF GRAND TERRACE LANDSCAPING AND LIGHTING DISTRICT N0. - 81-01 FUND," 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 proceed- ings. 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. ' 2. 4,". BOUNDARIES OF DISTRICT SECTION 9. Said contemplated improvement and maintenance work is, in the opinion. of this 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 Landscaping and-Lighting District shall include each and every parcel of land within the boundaries of said Landscaping and Lighting District as said Landscaping and Lighting 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 10. 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 Landscaping and Lighting District, shall be omitted and exempt from any assessment to be made under these proceedings to cover any of the costs and expenses of said improvement and maintenance work. PUBLIC HEARING SECTION 11 . NOTICE .IS HEREBY GIVEN THAT THURSDAY, THE 23RD DAY OF JULY, AT THE HOUR OF 6:00. P.M. , IN THE COUNCIL CHAMBERS OF THE CITY COUNCIL, TERRACE VIEW ELEMENTARY SCHOOL, 22731 GRAND TERRACE ROAD, BEING THE REGULAR MEETING PLACE OF SAID CITY COUNCIL,. 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. NOTICE SECTION 12. That the City Clerk is hereby authorized and directed to publish a copy of this- Resolution in the SAN BERNARDINO SUN TELEGRAM, a newspaper of general . circulation in said City pursuant to Government- Code Section 6061 ; said publication shall be completed not less than ten (10) days before the date of 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 not less than ten (10) days before the date set for the Public Hearing. 3. EFFECTIVE DATE SECTION_ 14. That this . Resolution shall take effect immediately upon adoption. PROCEEDINGS INQUIRIES SECTION 15. 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 or department so designated: JOE KICAK City'Engineer City of Grand Terrace 22795 Barton Road Grand Terrace, CA 92324 (714) 824-7226 ADOPTED this 25th day of June, . 1981 . ayo of the City. o errace and of the Cit ouncil thereof. ATTEST: CZty` C k^o�ity of Grand Terrace and--of he---Ci ty Council thereof. Approved as to form: City torney 4.