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Home My WebLink AboutRES 2012-27RESOLUTION NO. 2012- 2 7 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 JULY 17, 2012 REGULAR MEETING. A. RECITALS. (i) Heretofore the City of Diamond Bar Assessment District No. 39 was created pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§§ 22500, et. seq.). (ii) The City Engineer has prepared, fled 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) No substantial changes in existing improvements are proposed for said Assessment District No. 39. (iv) 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. 39 is hereby approved as filed. 3. This Council hereby declares its intention to levy and collect assessments during fiscal year 2012-13 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. 1 2012-27 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, 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 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." The location and type of improvement is shown on Exhibit "B-2," as attached hereto and incorporated herein by reference." 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. 39 for fiscal year 2012-13. Said proposed assessment per lot is the amount of $130.00, the same amount which was levied in fiscal year 2011-12. 6, This Council hereby fixes 6:45 p.m. on ,July 17, 2012 in the South Coast Air Quality Management District Auditorium, 21825 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 2012-13 and hereby gives notice of said hearing. 2012--27 7. The City Council hereby determines and declares that the proposed assessments constitute a continuation of assessments existing on the effective date of Article X1IID of the California Constitution, that the assessments are imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment was initially imposed 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 § 6061. PASSED, ADOPTED AND APPROVED this 5th day of June, 2012. g Li ang or 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 5th day of June, 2012, by the following Roll Call vote: AYES: COUNCIL MEMBERS: Everett, Herrera, Tye, MPT/Tanaka, M/Chang NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: None ATTEST: L Tommye Crib ins, Cify Clerk City of Diamond Bar 3 2012--27 20"j _ 12-27 - - ' REO N SYE OrTYE OF 1FIE tnY Ins M1cfl.FS, 5LIIE DF fhLFCNLk IXfSlL OF TFE ERf CF a+,utla 0+11. 2'Z—Y OF i1G_ MY lK . YG.... - � GSf! 033E! OF THE ' - - Q1Y Ofl OWgIU 84R . RID N 1FIE OFa3CE LT SIZE OOwOY CVS01+tK 1VILS___�_ O+p' OF HJNtOiL VlAitY OR ILS 1pltr]LS. SRT£ a T.fl— N 4:T. - Am /LSttiK1KT.T HLWB]i iq! dLH l➢f CA P1RCQ WIiHN THE Gt5t15Gf a S1L - - h.SSE=- al1 1R510FR hS hSX.lm !N 11E [riJN1Y OP . 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