HomeMy WebLinkAboutRES 2012-28RESOLUTION NO. 2012- 28
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. 41 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. 41 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, 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) No substantial changes in existing improvements are proposed for said
Assessment District No. 41.
(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. 41 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. 41," as shown on Exhibit "A-3" attached hereto and
incorporated herein by reference.
2012--28
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. 41 as shown on Exhibit "A-3." The location and type of
improvement is shown on Exhibit "B-3," 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. 41 for fiscal year 2012-13. Said proposed
assessment per lot is the amount of $220.50, 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
2012--28
Diamond Bar Assessment District No. 41 for fiscal year 2012-13 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 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 XI11D, Section
4 of the California Constitution.
8. The City Cleric 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,
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 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
) OJATTEST:
Tommye dribbins, City Cleric
2012--28
0P�
D
ot�`0N
' F[F➢ N F}VE OFFICE OF 1FE pfY C1EitlC OF THE p1Y of OVIlOfKI 6W, COUf1Y OF
LOS +1iOF1-FS. sTAE OF fJ1lF9itlllr 1FYS�Y GlY OF tO�
¢a.9K OF ix1E
' � OLry 00. d�LJ10 %LIL
f� fi lI� OFFICE 9f lHE WJHII' ILVLiDP, f-04HiY OR LOS NICi]E^+. 4FTF OF
'. F11ko1QL4 lE�_�.61Y OF . 2a� '
N.
- SHE AS.�S51F]if FNllmi Fql EY]i LLT OR PNttA IIFIiUN IxE 06f�f s iK
- _ AS56501YS PFRLFI hL�B]t AS �59CUE0 BF SIE ooleltY OF LOS NiCQ.6 .
' GRAPIIIO SCALE - GiB—i'IL»TiICI!
TE LHES AFn M4s4S W PM lm ak PNRaI OF 7W ?FIIFN W U6tP
xrt siIaAIF off � u�ssoxs PMNL uws aH ,mac N aHE o�L op:ns t� �cv.n & ASSOC., INC.
' NJ .1t5 Wl%IIY ASSz>"SUL 1-xF � OLIIkO CML R'GINEKJtS
� DI T6T) .o9uE sE 1oC'
flFsE IUP iW iLSY CF THE [RY GF W WYO � - .
amort a�➢op0 erR. fxY of aaa ee W - -
2012-28
N
- GRAPhZC SCALn
et lav ra,m Y of »� arr ef' owui�o aae
- GIB—Pfi1BDRTCg
. Et ASSOC., INC.
.oFIS,/LTIXc Cf,'l QK7NWs
dexo b.ExiaE !Dula[. s,F. ma
curry -re,-wig, ''H�+r
2012--28