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HomeMy WebLinkAboutRES 2003-36RESOLUTION NO. 2003- 36 A RESOLUTION LEVYING AN ASSESSMENT ON1 C TY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 38 FOR THE FISCAL YEAR 2003-04. A. RECITALS. (i) By its Resolution No. 2003-22, this Council approved a rep rt of thE City Engineer related to City of Diamond Bar Assessment District No. 38 prepared pur uant to California Streets and Highways Code Section 22623, described the -mproverTients thereon and gave notice of and fixed the time and place of the hearing on the question of assessment thereon for fiscal year 2003-04. A diagram of the area encompaSSE encompassd by said assessment district is attached hereto as Exhibit "A-1." (ii) Said hearing was duly and properly noticed, commenced at the South Coast Air Quality Management/Government Center Auditorium, 21865 East C pley Drive, Diamond Bar, California on June 17, 2003 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 he eby find, determine and order as follows: 1. The Recitals, as set forth in Part A of this Resolution, are i all respects true and correct. 2. This Council hereby expressly overrules any and all objecting to the proposed improvements specified herein or the therefor. 3. Based upon its review of the report of the City Enginee referre to hereinabove, and other reports and information, the City Council hereby Iinds tha (i) 1 2003-36 the land within the said District will be benefitted by the improvements specified in said report, (ii) said District includes all of the lands so benefitted, and (iii) the net amount to be assessed upon the lands within said District for the 2003-04 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 I 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 $15.00 for each assessable lot located within said District are hereby adopted and confirmed and said assessment hereby is levied for the 20013-04 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 2003-04. 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. 38. 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. 9. A certified copy of the assessment and diagram shall be filed in the office of the City Clerk and open for public inspection. 2 2003--36 1 ADOPTED AND APPROVED this 17th day of June Carol Herrera, Mayor 1, LINDA C. LOWRY, City Clerk of the City of Diamond Bar, do hereby �ertify th4t the foregoing Resolution was passed, approved and adopted at the regular meeting cf the City Council of the City of Diamond Bar held on the day of June 2003, by _the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, O'Connor, irbes, MPT/Huff, M/Herne a NOES:. COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAINED: COUNCIL M ATTE 1 LMda C. Lowry, Cit f City of Diamond Bar 3 2003-136