HomeMy WebLinkAboutRES 2013-16RESOLUTION NO. 2013-16
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. 38 AND DIRECT
THE CITY CLERK TO ADVERTISE THE PUBLIC HEARING BEFORE
THE COUNCIL AT THE JULY 16, 2013 REGULAR MEETING..
A. RECITALS.
(i) Heretofore the City of Diamond Bar Assessment District No. 38 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) 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. 38 is hereby approved as filed.
3. This Council hereby declares its intention to levy and collect assessments
during fiscal year 2013-14 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. 38," as shown on Exhibit "A-1" attached hereto and
incorporated herein by reference.
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4. A general description of the improvements proposed for the
aforementioned district is as follows:
The installation, 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, wails, sidewalks or paving, or
water, irrigation, drainage, or electrical facilities. Said installation, maintenance
and servicing of the landscaping and installation, maintenance and servicing of
related work shall be within the area of Assessment District No. 38 as shown on
Exhibit "A-1." The location and type of improvement is shown on Exhibit "B-1,"
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. 38 for fiscal year 2012-13. Said proposed
assessment per lot is the amount of $15.00, the same amount which was levied
in fiscal year 2012-13.
6. This Council hereby fixes 6:45 p.m. on July 16, 2013 in the Windmill Room
located at the Diamond Bar City Hall, 21810 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. 38 for fiscal year 2013-14 and hereby
gives notice of said hearing.
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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 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 18th day of June, 2013.
Jack Tanaka, 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 18th- day of June, 2013, by the
following Roll Call vote:
AYES: COUNCIL MEMBERS: Chang, Herrera, Tye,
MPT/Everett, M/Tanaka
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: None
ATTEST:
Tommye ribbins, City Clerk
City of Diamond Bar
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