2 Proceedings under the 1972 Landscape and Lighting Act, California Streets and Highways Code 22500, et. seq.: for the Approval to Levy Annual Assessments for the Citywide Consolidated Landscape Maintenance Assessment District No. 1, Confirming Assessments for Fiscal Year 2015/2016.

MEETING DATE: JULY 07, 2015

AGENDA ITEM #2

Note from TheGardeningSnail. Parts of this page may have been created by running a PDF Image file through a program that converts Image to Text. My apologies for any Textual Gremlins that may have crept in. I may also have broken up some of the longer paragraphs to make reading easier.

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RESOLUTION NO. 2015-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON, AMENDING AND/OR APPROVING THE ENGINEER’S REPORT FOR THE CITYWIDE CONSOLIDATED LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 1 AND

THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS WITHIN SUCH DISTRICT FOR FISCAL YEAR 2015/2016 AND CONFIRMING DIAGRAMS AND ASSESSMENTS PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE AND AS PROVIDED BY ARTICLE XIIID OF THE CALIFORNIA CONSTITUTION

The City Council of the City of Livingston, California (hereinafter referred to as the "City Council") does resolve as follows:

WHEREAS, the City Council by its Resolution No. 2015-26 initiated proceedings, and declared its intention to levy annual assessments for the Citywide Consolidated Landscape Maintenance Assessment District No. 1 (the "District") and Benefit Zones (the "Zones") and to levy and collect assessments against lots and parcels of land within such District and Zones pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500 (the "Act"), to pay for the costs and expenses of operating, maintaining and servicing ornamental structures, landscaping and appurtenant facilities located within public places within the boundaries of the District and Zones; 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 annual levy of assessments against lots and parcels of land within the District and Zones, and the City Council did by previous Resolution amend or approve such report (the "Engineer’s Report" or "Report"); and

WHEREAS, there has now been presented to this City Council the Report as required by Chapter 3, Section 22623 of said Act, and as previously directed by Resolution; and

WHEREAS, this City Council has carefully examined and reviewed the Report as presented (or amended), and is satisfied with each and all of the items and documents as set forth therein, and is satisfied that the levy has been spread in accordance with the benefits received from the improvements, operation, maintenance and services to be performed, as set forth in said Report; and

WHEREAS, the City Council desires to levy and collect assessments against lots and parcels of land within the District and Zones for the fiscal year commencing July 1, 2015 and ending June 30, 2016, to pay for the costs and expenses of operating, maintaining and servicing ornamental structures, landscaping and appurtenant facilities located within public places within the boundaries of the District and Zones; and

WHEREAS, the City Council and its legal counsel have reviewed Proposition 218 and found that these assessments comply with applicable provisions of Articles XIIIC and XIIID of the California State Constitution.

NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE CITY OF LIVINGSTON CONSOLIDATED LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 1, AS FOLLOWS:

Section 1. That the Report as presented, is hereby approved (as amended), and is ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection.

Section 2. Following notice duly given, the City Council has held a full and fair public hearing regarding its Resolution No. , the Engineer’s Report prepared in connection with the District and Zones and the proposed levy and collection of assessments and the City Council has considered all oral and written statements, protests, objections and communications made or filed by interested persons.

All oral and written protests and objections to the annual levy of assessments for this District and Zones and the proposed collection of assessments have been considered by the City Council.

Section 3. Based upon its review (and amendments, as applicable) of the Engineer’s Report, a copy of which has been presented to the City Council and which has been filed with the City Clerk, and other reports and information, the City Council hereby finds and determines with respect to the District and Zones included in the Engineer’s Report, that:

(i) the land within the District and Zones will be specially benefited by the operation, maintenance and servicing of ornamental structures, landscaping, including trees, shrubs, grass and other ornamental vegetation, and appurtenant facilities, including irrigation systems, drainage devices, and drywells, located in public places within the boundaries of the District and Zones; and

(ii) the District and Zones includes all lands so specially benefited; and

(iii) the net amount to be assessed upon the lots and parcels within the District and Zones in accordance with the Engineer’s Report for the fiscal year commencing July 1, 2015 and ending June 30, 2016 is apportioned by a formula and method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated special benefits to be received by each lot or parcel from the improvements; and

(iv) only special benefits are assessed and no assessment is imposed on any parcel, which exceeds the reasonable cost of the proportional special benefit conferred on that parcel.

Section 4. The City Council hereby orders the proposed improvements to be made as set forth in the Engineer’s Report, which improvements are briefly described as follows: The operation, maintenance and servicing of ornamental structures, landscaping, including trees, shrubs, grass and other ornamental vegetation, and appurtenant facilities, including irrigation systems, located in public places within the boundaries of the District and Zones. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of the ornamental structures, landscaping and appurtenant facilities, including repair, removal or replacement of all or part of any of the ornamental structures, landscaping or appurtenant facilities; providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste; and the cleaning, sandblasting and painting of walls and other improvements to remove or cover graffiti. Servicing means the furnishing of water and electricity for the irrigation and control of the landscaping and the maintenance of any of the ornamental structures or appurtenant facilities.

Section 5. The City Council hereby confirms the diagrams and assessments set forth in the Engineer’s Report. The maintenance, operation and servicing of the ornamental structures, landscaping and appurtenant facilities shall be performed pursuant to the Act. For fiscal year 2015/2016, the County Auditor of Merced County shall enter on the County Assessment Roll opposite each lot or parcel of land the amount of the assessment, and such assessments shall then 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 assessment after deduction of any compensation due the County for collection shall be paid to the City Treasurer. For fiscal year 2015/2016, the City’s representative is hereby authorized and directed to collect such assessments.

Section 6. The assessments are in compliance with the provisions of the Act and Articles XIII C and XIII D of the California Constitution, and the City Council has complied with all laws pertaining to the levy of annual assessments pursuant to the Act and Articles XIII C and XIII D of the California Constitution.

Section 7. The assessments are levied for the purpose of paying the costs and expenses of the improvements described in Section 5, above, for fiscal year 2015/2016.

Section 8. The City Treasurer shall deposit all money representing assessments collected for the District and Zones to the credit of a special fund known as "Improvement Fund, City of Livingston Landscape Maintenance Assessment District No. l" and such money shall be expended only for the maintenance, operation and servicing of the ornamental structures, landscaping and appurtenant facilities as described in Section 5 above and herein.

Section 9. The adoption of this Resolution constitutes the levy of assessments for the fiscal year commencing July 1, 2015 and ending June 30, 2016.

Section 10. A certified copy of the diagrams and assessments shall be filed in the office of the City Clerk and shall be open for public inspection.

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Passed and adopted this 7th day of July 2015, by the following vote:

AYES:

NOES:

ABSENT:

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Rodrigo Espinoza, Mayor of the City of Livingston

ATTEST:

I, hereby certify that the foregoing Resolution was regularly introduced, passed, and adopted at a regular meeting of the City Council of the City of Livingston this 7th day of July, 2015.

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Antonio Silva, City Clerk of the City of Livingston

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