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14-387 RESOLUTION NO. 14-387 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT 89-1-C FOR FISCAL YEAR 2014-15 WHEREAS, the City Council has, by previous Resolutions initiated proceedings, and approved the Annual Engineer's Report (hereafter referred to as the "Report") as presented or amended which described the assessments against parcels of land within the Landscaping and Lighting Maintenance District No.89-1-C (hereafter referred to as the "District") for the Fiscal Year commencing July 1, 2014 and ending June 30, 2015; pursuant to the provisions of the Landscape 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") to pay the costs and expenses of operating, maintaining and servicing the improvements located within the District; and, WHEREAS, The Engineer selected by the City Council has prepared and filed with the City Clerk, and the City Clerk has presented to the City Council, a Report in connection with the proposed levy and collection upon eligible parcels of land within the District, and the City Council did by previous Resolution approve such Report; and, WHEREAS, the assessments are in compliance with all laws pertaining to the levy of the landscape maintenance district assessments, and the assessments are levied without regard to property valuation, and the assessments are in compliance with the provisions of Prop 218; and, WHEREAS, the City Council desires to levy and collect assessments against parcels of land within the District for the Fiscal Year commencing July 1, 2014 and ending June 30, 2015, to pay the costs and expenses of operating, maintaining and servicing the improvements within the District; and, NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE DISTRICT AS FOLLOWS: Section 1 Following notice duly given, the City Council has held a full and fair Public Hearing regarding its Resolution Approving and or Amending the Report prepared in connection therewith; the levy and collection of assessments, and considered all oral and written statements, protests and communications made or filed by interested persons. Section 2 Based upon its review(and amendments, as applicable) of the Report, a copy of which has been presented to the City Council and which has been filed with the City Clerk, the City Council hereby finds and determines that: A. The land within the District will receive special benefit by the operation, maintenance, and servicing of landscaping, lighting, and appurtenant facilities within the boundaries of the District. B. The District includes all of the lands receiving such special benefit. C. The net amount to be assessed upon the lands within the District in accordance with the costs for the fiscal year commencing July 1, 2014 and ending June 30, 2015 is apportioned by a formula and method which fairly distributes the net amount among all eligible parcels in proportion to the estimated special benefit to be received by each parcel from the improvements and services. 1 Section 3 The Report and assessment as presented to the City Council and on file in the office of the City Clerk are hereby confirmed as filed. Section 4 The City Council hereby orders the improvements to be made,which are briefly described as the maintenance of streets, trees, sidewalks, landscaped slopes and park facilities within the District and the operation and maintenance of the street lighting system within the District. Section 5 The maintenance, operation and servicing of the landscaping, lighting and appurtenant facilities shall be performed pursuant to the Act and the County Auditor of the County of Riverside shall enter on the County Assessment Roll opposite each parcel of land the amount of levy, and such levies shall be collected at the same time and in the same manner as the County taxes are collected. After collection by the County, the net amount of the levy shall be paid to the City Treasurer. Section 6 The City Treasurer shall deposit all money representing assessments collected by the County of Riverside for the District to the credit of a fund for the Landscaping and Lighting Maintenance District No. 89-1-C, and such money shall be expended onlyforthe maintenance, operation and servicing of the landscaping, lighting and appurtenant facilities as described in Section 4. Section 7 The adoption of this Resolution constitutes the District levy for the Fiscal Year commencing July 1, 2014 and ending June 30, 2015. Section 8 The City Clerk is hereby authorized and directed to file the levy with the County Auditor upon adoption of this Resolution. Section 9 A certified copy of the levy shall be filed in the office of the City Clerk and open for public inspection. PASSED, APPROVED AND ADOPTED this 2nd day o ly, 2014, by the following vote: 1� VIA Scott A. Mann, Mayor Attest: Approved as to form: Kathy Bennett, City Clerk �iewa d Bi ity Attorney 2 $NIF' t=�k Scott A.Mann Mayor STATE OF CALIFORNIA ) Wallace W.Edgerton COUNTY OF RIVERSIDE ) ss Deputy Mayor CITY OF MENIFEE ) Council Denver Councilmember I, Kath Bennett, City Clerk of the City of Menifee, do hereby certify that the foregoing Resolution No. 14-387 was duly adopted by the City Council of the City Thomas Fuhrman of Menifee at a meeting thereof held on the 2nd day of July, 2014 by the following Councilmember vote: Greg August Councilmember Ayes: August, Denver, Edgerton, Fuhrman, Mann Noes: None Absent: None Abstain: None l/1 LC-i(i1 Kathy Bennett, City Clerk 29714 Haun Road Menifee,CA 92586 Phone 951.672.6777 Fax 951.6793843 www.cityofinenifee.us