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Resolution Number 18-06-19-01RESOLUTION NO. 18-06-19-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRMING THE LEVY AND COLLECTION OF THE FISCAL YEAR 2018/2019 ASSESSMENTS FOR THE LANDSCAPE MAINTENANCE DISTRICTS AND OPEN SPACE MAINTENANCE DISTRICTS IN THE CITY OF SAN JUAN CAPISTRANO WHEREAS, the CITY COUNCIL of the CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, has previously formed six landscape maintenance districts 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, and Chapter 2.5 of Division 1 of Title 5 of the California Government Code (together, with Article XIII D of the California Constitution, the "Law"), in what is known and designated as follows: Mission Woods Landscape Maintenance District, Mission Springs Landscape Maintenance District, Seaview Estates Landscape Maintenance District, Los Corrales Landscape Maintenance District, Belford Terrace Landscape Maintenance District, and Capistrano Royale Landscape Maintenance District (hereinafter referred to individually as a "District" and collectively as the "Districts"); and, WHEREAS, the City Council of the City of San Juan Capistrano, California (the "City"), did on the 17th of April 2018, adopt Resolution No. 18-04-17-01 initiating proceedings to levy the annual assessment, and Resolution No. 18-04-17-02 declaring its intention to levy assessments for Fiscal Year 2018/2019 and approving the Engineer's Report for the City of San Juan Capistrano Landscape Maintenance Districts ("Report"); and, WHEREAS, following notice duly given in accordance with Law, the City Council has held a full and fair public hearing regarding the levy and collection of the proposed assessments within the Districts for Fiscal Year 2018/2019 to pay for the costs and expenses of the improvements described in the Report for the Districts; and, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby resolves, determines and orders as follows: 1. Following notice duly given, the City Council has held a full and fair public hearing regarding the District, the levy and collection of assessments, the Report prepared in connection therewith, and considered oral and written statements, protests and communications made or filed by interested persons regarding these matters. 2. Based upon its review of the Report (and amendments, as applicable), the City Council hereby finds and determines that: The parcels within each of the Districts will be benefited by the operation, maintenance and servicing of the improvements more specifically described in the Reports and located within the boundaries of each District; and, Page 1 of 4 6/19/2018 • Each District includes the parcels of land so benefited; and, The net amount to be assessed upon the parcels of land within each District for the Fiscal Year commencing July 1, 2018 and ending June 30, 2019 is apportioned by a formula and method which fairly distributes the net amount among eligible parcels in proportion to the estimated special benefits to be received by each parcel from the improvements and services. 3. The Report and assessments as presented to the City Council and on file in the Office of the City Clerk are hereby confirmed as filed. The assessment for each District is set forth in Exhibit A, incorporated by this reference. 4. The maintenance, operation and servicing of the improvements shall be performed pursuant to the Act. The City Council hereby orders the proposed improvements to be made and maintained as set forth in the Report. 5. The City Clerk is hereby authorized and directed to file the levy with the County Auditor upon adoption of the Resolution. A certified copy of the levy shall be filed in the office of the City Clerk and open for public inspection. 6. 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. 7. All monies collected shall be deposited in a special fund known for each District. Payment shall be made out of said fund only for the purpose provided for in this Resolution and the Report, and in order to expedite the making of this maintenance and improvement, the City Council may transfer into said funds as it may deem necessary to expedite the proceedings. Any funds shall be repaid out of the proceeds of the assessments provided for in this Resolution. PASSED, APPROVED, AND ADOPTED this 19th day of June 2018. SE GIO FARIAS, MAYOR ATTEST MARiA MORRIS, C CLERK Page 2 of 4 6/19/2018 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. COUNTY OF SAN JUAN CAPISTRANO) I, Maria Morris, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No. 18-06-19-01 was duly adopted by the City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 19th day of June 2018, by the following vote: AYES: COUNCIL MEMBERS: Ferguson, Patterson, Maryott and Mayor Farias NOES: COUNCIL MEMBERS: Reeve ABSENT: COUNCIL MEMBERS: None 0(-W"'. 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