HomeMy WebLinkAboutRES 2021-35RESOLUTION NO. 2021-35
A RESOLUTION LEVYING AN ASSESSMENT ON CITY OF DIAMOND
BAR LANDSCAPING ASSESSMENT DISTRICT NO. 38 FOR THE
FISCAL YEAR 2021=22.
WHEREAS, by its Resolution No. 2021-28, this Council approved a report of the
Engineer of Work related to City of Diamond Bar Assessment District No. 38 ("District")
prepared pursuant to Article XIII 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 2021-22. 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
Windmill Room, located at 21810 Copley Drive, Diamond Bar, California on July 6, 2021,
and was concluded prior to the adoption of this Resolution.
WHEREAS, all legal prerequisites to the adoption of this Resolution have
)ccurred.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Diamond
Bar does hereby:
Section 1. The Recitals, as set forth in Part A of this Resolution, are in all respects
true and correct.
Section 2. This 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 of the Engineer of Work 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 2021-22 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.
Section 4. 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.
Resolution No. 2021-35
Section 5. The assessment diagram contained in the report referred to
hereinabove and the assessment of $15.00 for each assessable lot located within said
District are hereby adopted and confirmed and said assessment hereby is levied for the
2021-22 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 referred to hereinabove for fiscal
year 2021-22.
Section 7. The City of Diamond Bar City Council hereby certifies that the
assessments to be placed on the 2021-22 property tax bills meet the requirements of
Proposition 218 that added Articles XIIIC and XIIID 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 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 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.
PASSED, ADOPTED AND APPROVED this 6t" day of July 2021.
Resolution No. 2021-35
ATTEST:
I, Kristina Santana, 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 6t" day of July 2021, by the following
roll call vote:
AYES: COUNCIL MEMBERS: Chou, Liu, Tye, MPT/Low, M/Lyons
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: None
Kristina Santana, City Clerk
3
Resolution No. 2021-35
Exhibit A-1