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HomeMy WebLinkAboutRES 98-42RESOLUTION NO. 98-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 38 FOR THE FISCAL YEAR 1998-99. A. RECITALS, (i) By its Resolution No. 98-29, this Council approved a report of the City Engineer related to City of Diamond Bar Assessment District No. 38 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 1998-99. A diagram of the area encompassed 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 Auditorium, 21865 East Copley Drive, Diamond Bar, California on June 16, 1998, continued to July 7, 1998, and was concluded prior to the adoption of this Resolution. (iii) At said public hearing, the City Engineer presented to the City Council certain proposed modifications to the Engineer's Report. Such modifications result in no increase in the amount of the assessment and no increase in the amount of the assessment against any individual parcel within the District. (iv) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION. NOW, THEREFORE, the City Council of the City of Diamond Bar 1 98-42 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. The City Council hereby orders the proposed modifications to the Engineer's Report to be made. The Engineer's Report is hereby approved as so modified. A copy of the Engineer's Report, as modified, shall be on file in the office of the City Clerk and open for public inspection. 3. This City Council hereby expressly overrules any and all protests filed objecting to the proposed improvements specified herein or the assessment levied therefor. 4. 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 1998-99 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. 5. 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. 6. The assessment diagram contained in the report referred to hereinabove and the assessment of $15.00 for each assessable lot 2 98-42 located within said District are hereby adopted and confirmed and said assessment hereby is levied for the 1998-99 fiscal year. 7. 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 1998-99. 8. 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. 9. 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. 10. A certified copy of the assessment and diagram shall be filed in the office of the City Clerk and open for public inspection. 11. The City Clerk shall certify to the adoption of this Resolution. 3 ADOPTED AND APPROVED this 7t11_ day of July , 1998. Id 44"u, MAYOR I, 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 held on the 7th day of July 1998, by the following Roll Call vote: AYES: COUNCIL MEMBERS: Ansari, Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: None ATTEST: Lynda Burgess, City Clerk City of Diamond Bar C:\WP60\LINDAKAY\RESO-98\RES098R.707 4 I I UL Zm- V/ Ll j7 7 EXHIBfT "A-1" ASSESSMENT DIAGRAM ASSESSMENT DISTRICT NO. 38 FISCAL YEAR 1998-99 }or the CRY OF DIAMOND BAR I OF I S.EET 98-42 I