HomeMy WebLinkAboutRES 2019-16RESOLUTION NO. 2019-16
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
TO DECLARE THE CITY'S INTENTION TO LEVY AND COLLECT
ASSESSMENTS FOR LANDSCAPE DISTRICT NO. 39 AND DIRECT THE
CITY CLERK TO ADVERTISE THE PUBLIC HEARING BEFORE THE
COUNCIL AT THE JUNE 18, 2019 REGULAR MEETING.
WHEREAS, the City of Diamond Bar Assessment District No. 39
("District") was created pursuant to Part 2 of Division 15 of the California
Streets and Highways Code (§ 22500, et seq.).
WHEREAS, SCI Consulting Group, the Engineer of Work, 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.
WHEREAS, all legal prerequisites to the adoption of this Resolution
have occurred.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Diamond Bar as follows:
Section 1. The Recitals, as set forth in Part A of this Resolution,
are in all respects true and correct.
Section 2. The above-described report submitted by the Engineer
of Work relating to City of Diamond Bar Assessment District No. 39
is hereby approved as filed.
Section 3. The Council hereby declares its intention to levy and
collect assessments during fiscal year 2019-20 pursuant to Part 2 of
Division 15 of the Streets and Highways Code of the State of
California, known as the "Landscaping and Lighting Act of 1972,
"within that area designated "City of Diamond Bar Assessment
District No. 39," as shown on Exhibit "A-2" attached hereto and
incorporated herein by reference.
Section 4. A general description of the improvements proposed
for the aforementioned district is as follows:
The 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,
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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, or electrical facilities. Said maintenance and servicing of
the landscaping and installation, maintenance and servicing of
related work shall be within the area of Assessment District No. 39
as shown on Exhibit "A-2" as attached hereto and incorporated by
reference. The location and type of improvement is shown on Exhibit
"A-2."
Section 5. Reference is hereby made to the Engineer's Report
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. 39 for fiscal year 2019-20.
Said proposed assessment per lot is the amount of $236.00, the
same amount which was levied in fiscal year 2018-19.
Section 6. This Council hereby fixes 6:45 p.m. on June 18, 2019
in the Auditorium located at the AQMD/Government Center, 21865
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. 39 for fiscal year 2019-20 and hereby gives
notice of said hearing.
Section 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 assessment are exempt from
the requirements of Article XIIID, Section 4 of the California
Constitution.
Section 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 § 6061.
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PASSED, ADOPTED AND APPROVED this 21St day of May 2019.
Carol Herrera, Mayor
I, TOMMYE CRIBBINS, 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 21St day
of May 2019, by the following roll call vote:
AYES: COUNCIL MEMBERS: Chou, Lyons, MPT/Tye,
M/Herrera
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Low
ABSTAINED: COUNCIL MEMBERS: None
ATTEST: Lt4-04
Tommye tribbins, City Clerk
City of Diamond Bar
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