HomeMy WebLinkAboutRES 2008-28RESOLUTION NO. 2008-
A RESOLUTION LEVYING AN ASSESSMENT ON CITY OF DIAMOND
BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39 FOR THE
FISCAL YEAR 2008-2009.
A. RECITALS.
(i) By its Resolution No. 2008-22, this Council approved a report of the City
Engineer related to City of Diamond Bar Landscaping Assessment District No. 39
prepared pursuant to California Streets and Highways Code Section 22623, described
the improvements thereon and gave notice of and fixed the time and place of the
hearing on the question of assessment thereon for fiscal year 2008-09. A diagram of
the area encompassed by said assessment district is attached hereto as Exhibit "A-2."
(ii) Said hearing was duly and properly noticed, commenced at the South
Coast Air Quality Management/Government Center Auditorium, 21865 East Copley
Drive, Diamond Bar, California on July 1, 2008 and was concluded prior to the adoption
of this Resolution.
(iii) 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 order as follows:
1. The Recitals, as set forth in Part A of this Resolution, are in all respects
true and correct.
2. This Council hereby expressly overrules any and all protests filed
objecting to the proposed improvements specified herein or the assessment levied
therefore.
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3. Based upon its review of the report of the City Engineer referred to
hereinabove, and other reports and information, the City Council hereby finds that (i) the
land within the said District will be benefited by the improvements specified in said
report, (ii) said District includes all of the lands so benefited, and (iii) the net amount to
be assessed upon the lands within said District for the 2008-09 fiscal year, in
accordance with said report, is apportioned by a formula and method which fairly
distributes the net amount among all assessable lots or parcels in proportion to the
estimated benefits to be received by each such lot or parcel from the improvements
4. The improvements specified in the report hereinabove referred to which is
on file with the City Clerk of the City of Diamond Bar are hereby ordered to be
completed.
5. The assessment diagram contained in the report referred to hereinabove
and the assessment of $130.00 for each assessable lot located within said District are
hereby adopted and confirmed and said assessment hereby is levied for the 2008-09
fiscal year.
6. The assessment is in compliance with the provisions of the Act, and the
City Council has complied with all laws pertaining to the levy of an annual assessment
pursuant to the Act. The assessment is levied for the purpose of paying the costs and
expenses of the improvements described in the report referred to hereinabove for fiscal
year 2008-09.
7. The City Treasurer shall deposit all moneys representing assessments
collected by the County to the credit of a special fund for use in City of Diamond Bar
Assessment District No. 39.
8. The City Clerk is hereby authorized and directed to file the diagram and
assessment with the County Auditor, together with a certified copy of this Resolution
upon its adoption.
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9. A certified copy of the assessment and diagram shall be filed in the office
of the City Clerk and open for public inspection.
10. The City Clerk shall certify to the adoption of this Resolution.
ADOPTED AND APPROVED this 15t day of July, 2008.
r
Jack Tanaka, 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 15t day of July, 2008, by the
following Roll Call vote:
AYES: COUNCIL MEMBERS:
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NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS::.ax=.:
ABSTAINED: COUNCIL MEMBERS:T .�_.
ATTEST: JC4,x., (��
Tommye 6ribbins, City Clerk
City of Diamond Bar
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Exhibit "A-2"
ASSESSMENT DIAGRAM
ASSESSMENT DISTRICT NO. 39
FISCAL YEAR 2008-09
for the
CITY OF DIAMOND BAR
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