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HomeMy WebLinkAboutCC Reso 2023-09 RESOLUTION NO. 2023-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR THE CITY OF CATHEDRAL CITY STREET LIGHTING AND LANDSCAPING MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 2023/2024 The City Council of the City of Cathedral City (hereafter referred to as the"City Council")does resolve as follows: WHEREAS, The City Council has by previous Resolutions formed the City of Cathedral City Street Lighting and Landscaping Maintenance District No. 1 (hereafter referred to as the "District"), and initiated proceedings for Fiscal Year 2023/2024, pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with section 22500) (hereafter referred to as the "Act") that provides for the levy and collection of assessments by the County of Riverside for the City of Cathedral City to pay for the maintenance and services of improvements and facilities related thereto; and, WHEREAS, the assessments for the District were previously approved in accordance with the requirements of the California State Constitution, Article XIIID; and, WHEREAS, the City Council has retained Willdan Financial Services for the purpose of assisting with the Annual Levy of the District, and to prepare and file an "Engineer's Annual Levy Report" (hereafter referred to as the "Report") with the City Clerk in accordance with the Act; and, WHEREAS, the Report for Fiscal Year 2023/2024 has been filed with the City Clerk, presented to the City Council and preliminarily approved by the City Council, as required by Chapter 3 Sections 22623 and 22624 of said act. NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE DISTRICT, PURSUANT TO CHAPTER 3, SECTION 22624 OF THE ACT, AS FOLLOWS: Section 1: The above recitals are true and correct. Section 2: Intention: The City Council hereby declares its intention to seek the annual levy and collection of assessments within the District pursuant to the Act, over and including the land within the District boundary, and to levy and collect assessments on such land to pay the annual costs and expenses of the improvements and services described in Section 4 of this Resolution, for Fiscal Year 2023/2024. Section 3: Boundaries and Designation: The description of the District boundary and the Zones therein are outlined in the Report and by reference made part of this Resolution. The District consists of sixteen (16) Benefit Zones. The District is designated as "City of Cathedral City Street Lighting and Landscaping Maintenance District No. 1." Section 4: Description of Improvements: The improvements within the District include but are not limited to: turf, ground cover, shrubs and trees, irrigation systems, street lighting, graffiti removal, drainage systems and all appurtenant facilities and operations related Page 1 of 3 RESOLUTION NO. 2023-09 thereto. The Report describes all new improvements or substantial changes in existing improvements. Section 5: Proposed Assessment Amounts: The proposed district assessments are within the limits previously approved by the property owners and do not constitute an increased assessment. The assessments outlined in the Report have not been increased over the Consumer Price Index as previously approved by the property owners, and do not require additional property owner approval in accordance with the requirements of the California Constitution, Articles XIIIC and XIIID. Section 6: Public Hearinq(s): The City Council hereby declares its intention to conduct a Public Hearing concerning the levy of assessments for the District in accordance with Chapter 3, Section 22626 of the Act. Section 7: Notice: The City shall give notice of the time and place of the Public Hearing to the property owners within the District by causing the publishing of this Resolution once in the local newspaper not less than ten (10) days before the date of the public hearing, and by posting a copy of this resolution on the official bulletin board customarily used by the Council for the posting of notices. Section 8: Notice Of Public Hearing: Notice is hereby given that a Public Hearing on these matters will be held by the City Council on June 14, 2023 at 5:30 pm, or as soon thereafter as feasible in the Council Chambers at City Hall, 68-700 Avenida Lalo Guerrero, Cathedral City, CA 92234. Section 9: The City Clerk is hereby authorized and directed to give notice of such hearing as provided by law. Section 10: That the City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of said City; and shall make a minute of passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which Resolution is passed and adopted. Page 2 of 3 RESOLUTION NO. 2023-09 PASSED, APPROVED, AND ADOPTED this 10th day of May, 2023. AYES: Councilmembers Gutierrez , Gregory and Ross; Mayor Pro Tem oneevale and Mayor Lamb NOES: ABSENT: None ABSTAINED: None Mayor ATTEST: 0141/64. City Clerk APPROVED AS TO FORM: City Attorney Page 3 of 3