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HomeMy WebLinkAboutRES 2003-37RESOLUTION NO. 2003-37 ' A RESOLUTION LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39 FOR THE FISCAL YEAR 2003-04. A. RECITALS. (i) By its Resolution No. 2003-23, this Council approved a repo I of the ity Engineer related to City of Diamond Bar Landscaping Assessment District No. 39 prepared pursuant to California Streets and Highways Code Section 22623, descri ed 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 2003-04.diagra of the area encompassed by said assessment district is attached hereto as E hibit "A-2." (ii) Said hearing was duly and properly noticed, commenced at the S uth Coast Air Quality Management/Government Center Auditorium, 21865 ast Copley 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 cccurred. B. RESOLUTION. NOW, THEREFORE, the City Council of the City of Diamond Bar oes her by find, determine and order as follows: 1. The Recitals, as set forth in Part A of this Resolution, are in fall true and correct. 1 1 21003-37 2. This Council hereby expressly overrules any and all protests filed objecting to the proposed improvements specified herein or the assessment levied therefor. 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 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 4. The improvements specified in the report hereinabove referred to which is on file with the City Cleric 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 2003-04 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. 39. 2 2003-37 1 8. The City Clerk is hereby authorized and directed to file the assessment with the County Auditor, together with a certified copy of t upon its adoption. 9. A certified copy of the assessment and diagram shall be fil( 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 17th day of June , Carol Herrera, Mayor in the and n I, LINDA C. LOWRY, City Clerk of the City of Diamond Bar, do hereby dertify that 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 17 tli da of June , 2003, by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, O'Connor, Zirbes, MPT/Huff, M/Herre a NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: None ATTEST: t L A 0 ; t i da C. Lowry, City Clem City of Diamond Bar 3 003-3 EXHIBIT "A-2" ASSESSMENT DIAGRAM ASSESSMENT DISTRICT N0.39 FISCAL YEAR 2003-04 for the CITY OF DIAMOND BAR 'YSE W WMTllL Y •� THE aT, o wroa lM - IFF W MO — SHEET 101=1 SHEET ML R EON EACH LOT ON E RCEL wrcENM i FSEFFON'F PaKEI Ny1FMN a! ASSgINO N THE NGttfl A6lFSFd1l C:NLF. IFItlN)M NON Ea[X LOT ON NACEL OF YNO WITlNN 1 W WN ON THE AIIOFGN•l PaNGlL MAFF ON PILE IN .LCF ANCE4tl LGUIITY AFIfF[GII. OF THF CRY CLENF GF THE CM OF MAMONO 5 ANGRA3, STATE OF CALIFONNIA, TNI! i4_ C1 CLNE Or YK ClY OF MAMGNO MN LE THE COLN— WWON. COV OF 0S CAUFON.A, TNiS OAT OF 20_ CITY CLEAN OF TME CITY OF OIAMOwD lAA • GFB-FREEDRECH I & eLSSOC. ItVC. 2003-37