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HomeMy WebLinkAboutRES 2019-26RESOLUTION NO. 2019-26 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 2019-20. WHEREAS, by Resolution No. 201915, the City Council approved a report of the Engineer of Work ("Report") related to City of Diamond Bar Assessment District No. 38 ("District") prepared pursuant to Article X111 of the California Constitution, and the Landscape and Lighting Act of 1972 (the "Act"), Part 2 of Division 15 of the California Streets and Highways Code (commencing with Section 22500 thereof), which 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 2019-20. A diagram of the area encompassed by said assessment district is attached hereto as Exhibit "A-1." WHEREAS, said hearing was duly and properly noticed, commenced in the City Council Chambers located at the AQMDIGovernment Center, 21865 Copley Drive, Diamond Bar, California on June 18, 2019, and was concluded prior to the adoption of this Resolution. WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED.that the City Council of the City of Diamond Bar does hereby determine as follows: Section 1. The Recitals, set forth in this Resolution are in all respects true and correct. Section 2. The City Council hereby expressly overrules any and all protests filed objecting to the proposed improvements specified herein or the assessment levied, therefore. Section 3. Based upon its review of the Report and other reports and information, the City Council finds that (i) the land within the District will be benefitted by the improvements specified in said Report, (ii) the District includes all of the lands so benefitted, and (iii) the net amount to be assessed upon the lands within the District for the 2019-20 fiscal year, in accordance with the Report, is apportioned by a formula and method which fairly distributes the net amount among all assessable lots or parcels in proportion to the 2019-26 estimated benefits to be received by each such lot or parcel from the improvements. Section 4. The improvements specified in the Report which is on file with the City Clerk of the City of Diamond Bar are hereby ordered to be completed. Section 5. The assessment diagram contained in the Report and the assessment of $15.00 for each assessable lot located within the District are hereby adopted and confirmed and said assessment hereby is levied for the 2019-20 fiscal year. Section 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 for fiscal year 2019-20. Section 7. The City Council hereby certifies that the assessments to be placed on the 201920 property tax bills meet the requirements of Proposition 218 that added Articles XIIIC and MID to the California Constitution. Section 8. The assessments are levied without regard to property valuation. Section 9. The City Treasurer shall deposit all moneys representing assessments collected by the County of Los Angeles to the credit of a special fund for use in City of Diamond Bar Assessment District No. 38. Section 10. The City Clerk is hereby authorized and directed to file the diagram and assessment with the Los Angeles County Auditor, together with a certified copy of this Resolution upon its adoption. Section 11. A certified copy of the assessment and diagram shall be filed in the office of the City Clerk and open for public inspection. Section 12. The City Clerk shall certify to the adoption of this Resolution. 201.9-26 PASSED, APPROVED ARID ADOPTED this 18th day of June 2019. Carol Herrera, Mayor City of Diamond Bar ATTEST: 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 18th day of June 2019, by the following roll call vote: AYES: COUNCIL MEMBERS: Chou, Low, Lyons, MPT/Tye, M/Herrera NOES: COUNCIL MEMBERS:None ABSENT: COUNCIL MEMBERS:None ABSTAINED: COUNCIL MEMBERS:None ��Laz_ Tommy Cribbins,-City Clerk City of Diamond Bar 207.9-26 Exhibit A-1 Assessment District # 38 , for the City of Diamond Bar AP 4. ii 3 j kF may, r , �r � ..1• ti_ `r. � r • �, � � � �� !` {- ��> ski - ._ ' tr �• 1 tl �Rtl41 i ieeend District N Boundary Medians Parkways e='` Turf Areas W rY 4 2019-26