HomeMy WebLinkAboutRES 2009-17- RESOLUTION NO. 2009-17
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR TO DECLARE THE CITY'S INTENTION TO LEVY AND COLLECT
ASSESSMENTS FOR LANDSCAPE DISTRICT NO. 41 AND DIRECT
THE CITY CLERK TO ADVERTISE THE PUBLIC HEARING BEFORE
THE COUNCIL AT THE JUNE 16, 2009 REGULAR MEETING.
A. RECITALS.
(i) Heretofore the City of Diamond Bar Assessment District No. 41 was created
pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§§
22500, et. seq.)
(ii) The City Engineer has prepared, filed with the City Clerk and presented to
this Council a report relating to said assessment district pursuant to the provisions of the
California Streets and Highways Code § 22623.
(iii) No substantial changes in existing improvements are proposed for said
Assessment District No. 41.
(iv) All legal prerequisites to the adoption of this Resolution have occurred.
B. RESOLUTION.
NOW, THEREFORE, THE City Council of the City of Diamond Bar does hereby
find, determine and resolve as follows:
1. The Recitals as set forth in Part A of this Resolution, are in all respects
true and correct.
2. The above-described report submitted by the City Engineer relating to City
of Diamond Bar Assessment District No. 41 is hereby approved as filed.
3. This Council hereby declares its intention to levy and collect assessments
during fiscal year 2008-09 pursuant to Part 2 of Division 15 of the Streets and Highways
Code of the State of California, known as the "Landscaping and Lighting Act of 1972,"
within that area designated "City of Diamond Bar Assessment District No. 41," as shown
on Exhibit "A-3" attached hereto and incorporated herein by reference.
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4. A general description of the improvements proposed for the
aforementioned district is as follows:
The maintenance and servicing of landscaping and any facilities which are
appurtenant thereto or which are necessary or convenient for the maintenance
and servicing thereof, including but not limited to, repair, removal or replacement,
grading, clearing, removal of debris, pruning, fertilization, pest control and weed
control, and the installation or construction of appurtenant facilities, including
curbs, gutters, walls, sidewalks or paving, or water, irrigation, drainage, or
electrical facilities. Said maintenance and servicing of the landscaping and
installation, maintenance and servicing of related work shall be within the area of
Assessment District No. 41 as shown on Exhibit "A-3." The location and type of
improvement is shown on Exhibit "B-3," as attached hereto and incorporated
herein by reference."
5. Reference is hereby made to the report of the City Engineer relating to the
said assessment district hereinabove approved. Said report is on file with the City Clerk
of the City of Diamond Bar and contains a full and detailed description of the
improvements, the boundaries of the assessment district and contains the proposed
assessments upon assessable lots and parcels of land within City of Diamond Bar
Assessment District No. 41 for fiscal year 2009-10. Said proposed assessment per lot
is the amount of $220.50, the same amount which was levied in fiscal year 2008-09.
6. This Council hereby fixes 7:00 p.m. on June 16, 2009 in the South Coast
Air Quality Management District Auditorium, 21825 Copley Drive, Diamond Bar,
California, as the time and place for a hearing before this Council on this question of the
levy of the proposed assessments on assessable lots with City of Diamond Bar
Assessment District No. 41 for fiscal year 2009-10 and hereby gives notice of said
hearing.
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2009--17
7. The City Council hereby determines and declares that the proposed
assessments constitute a continuation of assessments existing on the effective date of
Article XIIID of the California Constitution, that the assessments are imposed pursuant
to a petition signed by the persons owning all of the parcels subject to the assessment
at the time the assessment was initially imposed and that the assessments are exempt
from the requirements of Article XIIID, Section 4 of the California Constitution.
8. The City Clerk shall:
(a) Certify to the adoption of this Resolution; and
(b) Cause a true and correct copy of this Resolution to be published
pursuant to California Government Code § 6061.
PASSED, ADOPTED AND APPROVED this 19th day of May, 2009.
Ron Everett
Mayor
I, TOMMYE CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify
that the foregoing Resolution was passed, approved and adopted at the regular meeting
of the City Council of the City of Diamond Bar held on the 19th day of May, 2009, by the
following Roll Call vote:
AYES: COUNCIL MEMBERS:Chang, Tanaka, Tye,
MPT/Herrera, M/Everett
NOES: COUNCIL MEMBERSNone
ABSENT: COUNCIL MEMBERSNone
ABSTAINED: COUNCIL MEMBERS: None
ATTEST:
ii—
Tomm ribbins, City Clerk
City of Diamond Bar
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ASSESSMENT DIAGRAM
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ASSESSMENT DISTRICT NO.
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