HomeMy WebLinkAboutRES 98-44RESOLUTION NO. 98- 44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR
LANDSCAPING ASSESSMENT DISTRICT NO. 41 FOR THE FISCAL
YEAR 1998-99.
A. RECITALS.
(i) By its Resolution No. 98-31, this Council approved a
report of the City Engineer related to City of Diamond Bar
Landscaping Assessment District No. 41 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-3."
(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.
NOW, THEREFORE, the City Council of the City of Diamond Bar
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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
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to hereinabove and the assessment of $220.50 for each assessable
lot 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. 41.
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.
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98-44
ADOPTED AND APPROVED this 7th day of July , 1998.
�ij4m4---
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\LINDARAY\RBSO-98\RHS098R.707
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98-44
EXHIBIT "A-3"
ASSESSMENT DIAGRAM
ASSESSMENT DISTRICT N0.41
FISCAL YEAR 1998-99
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98-44