HomeMy WebLinkAboutRES 2016-24RESOLUTION NO. 2016- 24
A RESOLUTION LEVYING AN ASSESSMENT ON CITY OF DIAMOND
BAR LANDSCAPING ASSESSMENT DISTRICT NO. 41 FOR THE
FISCAL YEAR 2016-17.
A. RECITALS.
(i) By its Resolution No. 2016-14, this Council approved a report of the
Engineer of Work related to City of Diamond Bar Assessment District No. 41 ("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 2016-17. A diagram of the area
encompassed by said assessment district is attached hereto as Exhibit "A-1."
(ii) Said hearing was duly and properly noticed, commenced in the Auditorium
located at the AQMD/Government Center, 21865 Copley Drive, Diamond Bar, California
on June 21, 2016, and was concluded prior to the adoption of this Resolution.
(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 order as follows:
1. The Recitals, as set forth in Part A of this Resolution, are in all respects true
and correct.
2. This Council hereby expressly overrules any and all protests filed objecting
to the proposed improvements specified herein or the assessment levied therefore.
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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 2016-17 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
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.
5. The assessment diagram contained in the report referred to hereinabove
and the assessment of $220.50 for each assessable lot located within said District are
hereby adopted and confirmed and said assessment hereby is levied for the 2016-17
fiscal year.
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 2016-17.
7. The City of Diamond Bar City Council hereby certifies that the assessments
to be placed on the 2016-17 property tax bills meet the requirements of Proposition 218
that added ARtciels XIIIC and MID to the California Constitution.
8. The assessments are levied without regard to property valuation.
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. 41.
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10. The City Clerk is hereby authorized and directed to file the diagram and
assessmentwith the County Auditor, togetherwith a certified copy of this Resolution upon
its adoption.
11. A certified copy of the assessment and diagram shall be filed in the office
of the City Clerk and open for public inspection.
12. The City Clerk shall certify to the adoption of this Resolution.
ADOPTED AND APPROVED this ; day of 1:�J2016.
I, TOMMYE A. 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 21st day of
,7unP , 2016, by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Herrera,' Tye, MPT/Lin, M/Lyons
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Low
ABSTAINED: COUNCIL MEMBERS: None
ATTEST:
Tommye A. Cribbins, City Clerk
City of Diamond Bar
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Exhibit A-1
A 'SESSPv EN1 DIAGRAM I
ASSESSMENT DISTRICT NO. 41!
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circ` DF MAMOND BAR
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2016-24