HomeMy WebLinkAboutRES 2003-22RESOLUTION NO. 2003-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR APPROVING THE ENGINEER'S REPORT FILED PURSUANT TO
SECTION 22623 OF THE CALIFORNIA STREETS AND HIGHWAYS
CODE WITH RESPECT TO THE CITY OF DIAMOND BAR
ASSESSMENT DISTRICT NO. 38; AND DECLARING ITS INTENTION
TO LEVY AND COLLECT ASSESSMENTS FOR CERTAIN
LANDSCAPING MAINTENANCE WITHIN SAID DISTRICT FOR FISCAL
YEAR 2003-04; AND FIXING A TIME AND PLACE FOR A HEARING OF
OBJECTIONS THEREON.
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 jpresent d to
this Council a report relating to said assessment district pursuant to the provisio s 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 Barldoes he eby
find, determine and resolve as follows:
1. The Recitals, as set forth in Part A of this Resolution, are id all respects
true and correct.
2. The above-described report submitted by the City Engineer relating to ity
of Diamond Bar Assessment District No. 38 is hereby approved as filed.
3. This Council hereby declares its intention to levy and collect Usessmints
during fiscal year 2003-04 pursuant to Part 2 of Division 15 of the Streets aMd Highwkys
Code of the State of California, known as the "Landscaping and Lighting Act of 19-�
' within that area designated "City of Diamond Bar Assessment District No. 38,"
shown on Exhibit "A-1" 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 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 13-1,"
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 2003-04. Said proposed assessment per lot
is the amount of $15.00, the same amount which was levied in fiscal year 2002-03.
6, This Council hereby fixes 7:00 p.m. on June 17 2003 in the South Coast
Air Quality Management District Auditorium, 21825 East 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 2003-04 and hereby gives notice of said
hearing.
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2003-22
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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
exclusively to finance the capital costs and maintenance and operation expens s 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 purE uant
to California Government Code § 6061.
PASSED, ADOPTED AND APPROVED this 201h day of May, 2003.
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Carol Herrera
Mayor
20Q3-22
1, LYNDA BURGESS, 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 heid on the 201h day of May,
2003, by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chang, O'Connor, Zirbes,
MPT/Huff, M/Herrera
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: None
ATTESy1nd�.__.
Lynd Burgess, City Clerk
City of Diamond Bar
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2003-22
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EXHIBIT "B-1"
s�] sASSESSMENT DISTRICT N0.38
44,
AREAS T, BE MAINTAINS]
FISCAL YEAR 2003-04
for the
CITY OF DIAMOND BAR
A r7S5k7C, INC
2003-22