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Public Notice

Public Hearing Declaring the City’s Intention to Levy Annual Assessments in the LMD – FY2014-15

Posted: Jun 18, 2014

            WHEREAS, The City Council pursuant to provisions of the Landscaping and Lighting Act of 1972 (commencing with Section 22500) Part 2, Division 15 of the California Streets and Highways Code (hereinafter referred to as the “Act”), did by previous Resolution, initiate proceedings for the levy and collection of assessments against lots and parcels within the Tracy Consolidated Landscape Maintenance District (hereinafter referred to as the “District”) for Fiscal Year 2014/2015, and
            WHEREAS, Willdan Financial Services (The Assessment Engineer for the District) has prepared and filed the District Engineer’s Report for fiscal year 2014/2015 with the City Clerk pursuant to Section 22623 of the Act, and said report has been presented to the City Council, and is incorporated herein by reference;
            NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby resolves as follows:
1.     The above recitals are true and correct.
2.     Intention: The City Council pursuant to Section 22624 of the Act hereby declares its intention to order the District improvements and to levy and collect assessments against lots and parcels of land therein for fiscal year 2014/2015, to pay the costs and expenses of the improvements that provide special benefits to said properties. The City Council finds that the District improvements and the levy and collection of the assessments related thereto is in the best interest of the property owners.
3.     Description of Improvements: The District improvements and services include but are not limited to the maintenance, operation and incidental expenses related to: street trees; turf; ground cover and shrubs; irrigation and electrical systems; monuments; fountains; hardscape improvements; masonry walls and other fencing, and all necessary appurtenances and services connected with the landscaped channelways, medians, parkways, entryways, parks and public easements and facilities designated and maintained as part of the District improvements. No substantial changes in the improvements or services are proposed for fiscal year 2014/2015 other than to services levels as they correspond to each Zone’s funding availability or for the addition of planned improvement areas that were anticipated as part of on going development within specific zones. The Engineer’s Report for fiscal year 2014/2015 shall provide a more detailed description of the improvements and services provided by the District and by reference this Report shall describe any substantial changes or expansion of the improvements for which properties are assessed.
4.     Report: The Assessment Engineer selected by the City Council has prepared and filed with the City Clerk, and the City Clerk has presented to the City Council, an Engineer’s Report in connection with the proposed improvements, the assessments, and the levy and collection of assessments against lots and parcels of land within the District for Fiscal Year 2014/2015 in accordance with Chapter 1, Article 4 of the Act and as required by Section 22623 of the Act, and the City Council did by Resolution preliminarily approve said Report.  Reference is hereby made to the Engineer’s Report for a detailed description of improvements, the boundaries of the District consisting of thirty-nine (39) benefit Zones designated as Zones 1 through 37,and Zones 40 and 41; and the proposed assessments upon assessable lots and parcels of land within the said District and Zones.
5.     Assessment: The proposed District assessments for fiscal year 2014/2015 are apportioned according to the rates and method identified in the Engineer’s Report and do not exceed the maximum assessments previously authorized by the City Council and approved by property owners through protest ballot proceedings conducted in accordance with the provisions of the California Constitution Article XIIID.
6.     Public Hearing(s): The City Council hereby declares its intention to conduct a Public Hearing concerning the District, the improvements, and the levy of assessments and in accordance with Section 22624 (e) and 22625 of the Act, notice is hereby given that on Tuesday, July 1st, 2014 at 5:00 P.M., the City Council will hold a Public Hearing for the District and the levy and collection of assessments for Fiscal Year 2014/2015, or as soon thereafter as feasible.  The Public Hearing will be held in the City Council chamber, located at 333 Civic Center Plaza, Tracy, at the time so fixed.  At the Public Hearing, all interested persons shall be afforded the opportunity to hear and be heard.
7.     Notice: The City shall give notice of the time and place of the Public Hearing to all 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 City Council for the posting of notices, pursuant to Sections 22552, 22553, 22554 and 22626 of the Act. For fiscal year 2014/2015 no new or increased assessments are proposed and a mailing of a notice and ballot to the property owners is not required.
8.     The City Clerk is hereby authorized and directed to give notice of such Public Hearing as provided by law.
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