HomeMy WebLinkAboutRES 97-35RESOLUTION NO. 97-35
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 1997-98; 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.).
(i i) The City Engineer has prepared, filed with the City
Clerk and presented to this Council a report relating to said
assessment district pursuant to the provisions 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 Bar
does hereby find, determine and resolve as follows:
1. The Recitals, as set forth in Part A of this Resolution,
are in all respects true and correct.
2. The above-described report submitted by the City Engineer
relating to City of Diamond Bar Assessment District No. 38 is
hereby approved as filed.
3. This Council hereby declares its intention to levy and
collect assessments during fiscal year 1997-98 pursuant to Part 2
of Division 15 of the Streets and Highways Code of the State of
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California, known as the "Landscaping and Lighting Act of 1972,"
within that area designated "City of Diamond Bar Assessment
District No. 38," as shown on Exhibit "A-1" attached hereto and
incorporated herein by reference.
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."
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
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fiscal year 1997-98. Said proposed assessment per lot is the
amount of $15.00, the same amount which was levied in fiscal year
1996-97.
6. This Council hereby fixes 7:00 p.m. on June 17, 1997 in
the South Coast Air Quality Management District Auditorium, 21865
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 1997-98 and hereby
gives notice of said hearing.
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 expenses
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 pursuant to California Government Code
PASSED, ADOPTED AND APPROVED this 20th day of May , 1997.
Mayor
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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 20th day of May 1997, by
the following Roll Call vote:
AYES: COUNCIL MEMBERS: Ansari, Harmony, Werner,
MPT/Herrera, M/Huff
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: None
ATTEST:
Lynda nurgess, Cit Clerk
City of Diamond Bar _
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