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Home My WebLink AboutRES 2004-23RESOLUTION NO. 2004-2.3 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. 38 AND DIRECT THE CITY CLERK TO ADVERTISE THE PUBLIC HEARING BEFORE THE COUNCIL AT THE JULY 6, 2004 REGULAR MEETING. A. RECITALS. (i) Heretofore the City of Diamond Bar Assessment District No. 38 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) 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: 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. 38 is hereby approved as filed. 3. This Council hereby declares its intention to levy and collect assessments during fiscal year 2004-05 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. 38," as shown on Exhibit "A-1" attached hereto and incorporated herein by reference. 1 2004-23 4. A general description of the improvements proposed for the aforementioned district is as follows: The installation, 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 installation, maintenance and servicing of the landscaping and installation, maintenance and servicing of related work shall be within the area of Assessment District No. 38 as shown on Exhibit "A-1." The location and type of improvement is shown on Exhibit "B-1," 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. 38 for fiscal year 2004-05. Said proposed assessment per lot is the amount of $15.00, the same amount which was levied in fiscal year 2003-04. 6. This Council hereby fixes 7:00 p.m. on July 6, ,2004 in the South Coast Air Quality Management District Auditorium, 21825 Copley Drive, Diamond Bar, California, as the time and place for a hearing before this Council on this question of the levy of the proposed assessments on assessable lots with City of Diamond Bar Assessment District No. 38 for fiscal year 2004-05 and hereby gives notice of said hearing. 7. The City Council hereby determines and declares that the proposed assessments constitute a continuation of assessments existing on the effective date of F 2004-23 Article XIIID of the California Constitution, that the assessments are imposed exclusively to finance the capital costs and maintenance and operation expenses for streets and sidewalks and that the assessments are exempt from the requirements of Article XIIID, Section 4 of the California Constitution. 8. The City Clerk shall: (a) Certify to the adoption of this Resolution; and (b) Cause a true and correct copy of this Resolution to be published pursuant to California Government Code § 8081. PASSED, ADOPTED AND APPROVED this 1St day of June 2004. Bob Zir es Mayor I, LINDA C. LOWRY, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on the 1St day of June, 2004, by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Huff, O'Connor, MPT/Herrera, M/Zirbes NOES: COUNCIL MEMBERS:None ABSENT: COUNCIL MEMBERS:None ABSTAINED: COUNCIL MEMBERS:None ATTEST: Lind C. Lowry, City Clerk City of Diamond Bar 3 2004-23 SHEET I OF I SHEET ilk EXHIBIT "A -i" ASSESSMENT DIAGRAM ASSESSMENT DISTRICT N0.38 FISCAL YEAR 2004-05 forth$ CITY OF DIAMOND BAR ,L"Kr I a " rte LEGEND ASSESSMENT DISTRICT BOUNDARY .w..M. MED4715 PARKWAYS TURF AREAS AREAS TO BE MAKrAW11) MEDIANS. A. DIAMOND BAR BLVD. 9. BRAND AVE. C. GOLDEN SPRINGS RD, 157 FWY OVERCROSSMG TO WEST CITY LIMITS PARKWAYS D. GRAND AVE. - SUMMIT RN1GE TO DIAMOND BAR BLVD. NORTH S40E E. TEMPLE - DIAMOND BAR BLVD. TO GOLDEN SPRINGS RDS SOUTH SIDE TOTAL AREA TURF 5.0 ACRES GROUND COVER 0.03 ACRES EXHIBIT "B-1" ASSESSMENT DISTRICT N0.38 FISCAL YEAR 2004-05 for tho CITY OF DIAMOND BAR 2004--23 Gl'l5 E --mg Iwir'f , N .,ksm K'.. Im 914EET 1 OF 1 SREE1 .1D0:T IGNA� r4 i^ AREAS TD BE "jNn iE LEGEND ASSESSMENT DISTRICT BOUNDARY .w..M. MED4715 PARKWAYS TURF AREAS AREAS TO BE MAKrAW11) MEDIANS. A. DIAMOND BAR BLVD. 9. BRAND AVE. C. GOLDEN SPRINGS RD, 157 FWY OVERCROSSMG TO WEST CITY LIMITS PARKWAYS D. GRAND AVE. - SUMMIT RN1GE TO DIAMOND BAR BLVD. NORTH S40E E. TEMPLE - DIAMOND BAR BLVD. TO GOLDEN SPRINGS RDS SOUTH SIDE TOTAL AREA TURF 5.0 ACRES GROUND COVER 0.03 ACRES EXHIBIT "B-1" ASSESSMENT DISTRICT N0.38 FISCAL YEAR 2004-05 for tho CITY OF DIAMOND BAR 2004--23 Gl'l5 E --mg Iwir'f , N .,ksm K'.. Im 914EET 1 OF 1 SREE1 r4 i^ VVi Wj 71;a i\`Y6 LEGEND ASSESSMENT DISTRICT BOUNDARY .w..M. MED4715 PARKWAYS TURF AREAS AREAS TO BE MAKrAW11) MEDIANS. A. DIAMOND BAR BLVD. 9. BRAND AVE. C. GOLDEN SPRINGS RD, 157 FWY OVERCROSSMG TO WEST CITY LIMITS PARKWAYS D. GRAND AVE. - SUMMIT RN1GE TO DIAMOND BAR BLVD. NORTH S40E E. TEMPLE - DIAMOND BAR BLVD. TO GOLDEN SPRINGS RDS SOUTH SIDE TOTAL AREA TURF 5.0 ACRES GROUND COVER 0.03 ACRES EXHIBIT "B-1" ASSESSMENT DISTRICT N0.38 FISCAL YEAR 2004-05 for tho CITY OF DIAMOND BAR 2004--23 Gl'l5 E --mg Iwir'f , N .,ksm K'.. Im