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R 4800 RESOLUTION NO. 4800 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING THE ENGINEER'S REPORT AND DECLARING ITS INTENTION TO LEVY AND COLLECT ANNUAL ASSESSMENTS FOR THE ARROYO GRANDE LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 1, WITHIN TRACT 1769, FOR FISCAL YEAR 2017-2018 WHEREAS, on June 9, 1992, the City Council of the City of Arroyo Grande adopted Resolution No. 2932 ordering the formation of Arroyo Grande Landscaping and Lighting Assessment District No. 1 ("District"), within Tract 1769, under Part 2 of Division 15 of the California Streets and Highways Code 22500 et seq. (Landscape and Lighting Act of 1972) (the "Act"), which allows local governmental agencies to form assessment districts for the purpose of financing the costs and expenses of landscaping and lighting public areas; and WHEREAS, said improvements in the Landscaping and Lighting Assessment District No. 1 include but are not limited to: landscaping and ornamental vegetation in the public rights of way; and WHEREAS, the City Council, at its meeting of April 25, 2017, received a report from the Public Works Director advising the City Council that no new improvements or substantial changes in existing improvements are proposed for Landscaping and Lighting Assessment District No. 1, within Tract 1769; and WHEREAS, the City Council desires to levy and collect the annual assessments against lots and parcels of land within the District to pay the costs and expenses related to the aforementioned improvements described in this Resolution; and WHEREAS, pursuant to Section 22623 of the Act, an Engineer's Report entitled "Updated Final Engineer's Report Landscape District No. 1, Tract 1769, Fiscal Year 2017-18" dated May 23, 2017, ("Engineer's Report") has been prepared and filed with the City Clerk and submitted to the City Council, which provides a detailed description of the improvements, the proposed operation and maintenance costs, and the boundaries of the proposed assessments upon assessable lots and parcels of land. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande, as follows: 1. The foregoing recitals are true and correct and are incorporated herein. 2. The City Council approves the Engineer's Report. RESOLUTION NO. 4800 PAGE 2 3. That the City Council hereby declares that it is its intention to seek the annual levy and collection of assessments for the District pursuant to the Act, over and including the land within the District boundary, and to levy and collect assessments on all such land to pay the costs of the maintenance and servicing of the landscaping improvements and all appurtenant facilities and operations related thereto for Fiscal Year 2017-2018 within the boundaries of the Landscaping and Lighting Assessment District No. 1, within Tract 1769 described herein and in more detail within the Engineer's Report. 4. The improvements to be maintained are specified in the Engineer's Report, no substantial changes are proposed to be made to the existing improvements and the assessment is not proposed to increase from the previous year. 5. That the City Council hereby declares its intention to conduct a public hearing concerning the District and the levy of assessments for the improvements related thereto in accordance with Section 22625 and 22626 of the Act. 6. That a public hearing on these matters will be held by the City Council on Tuesday, June 27, 2017 at 6:00 p.m. at the City Council Chambers, located at 215 E. Branch Street, Arroyo Grande, California, 93420. 7. That the City Clerk shall cause notice to be given of the time and place of the public hearing by causing the publishing of this resolution once in the local paper not less than ten (10) days before the date of the hearing and by posting a copy of this resolution on the official bulletin board customarily used by the City Council for the posting of notices. On motion of Council Member Brown, seconded by Council Member Harmon, and on the following roll call vote, to wit: AYES: Council Members Brown, Harmon, Barneich, and Mayor Hill NOES: None ABSENT: Council Member Ray the foregoing Resolution was passed and adopted this 13th day of June, 2017. J RESOLUTION NO. 21800 PAGE.3 ld JIM ILL, MAYOR A EST: / MiZe(41(-M--€— KELLY .i_ ` T `a RE, CITY CLERK APPROVED AS TO CONTENT: - JAME- L RGMAN, CITY MANAGER • APPROVED AS TO FORM: BATHER K. WHITHAM, CITY ATTORNEY • • OFFICIAL CERTIFICATION , I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached Resolution No. 4800 was passed and adopted at a regular meeting of the City Council 'of the City of Arroyo Grande on the 13th day of-June, 2017. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 15th day of f June, 2017. i `/ / / (A4 4,,,,,,,_ , KELLY W' T RE, CITY CLERK -