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HomeMy WebLinkAbout1984 038 CC RESO1984 038 CC RESO;¢fìê$RESOLUTION NO. 84- 38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DECLARING ITS INTENTION TO PROVIDE FOR ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR CERTAIN LANDSCAPING AND LIGHTING IN AN EXISTING MAINTENANCE DISTRICT, PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2, OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON WHEREAS, this City Council has previously formed a Landscape and Lighting District pursuant to the provisions of Division 15, Part 2, of the Streets and Highways Code of the State of California, being the Landscaping and Lighting Act of 1972", for a Maintenance District to be known and designated as CITY OF BALDWIN PARK CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT hereinafter referred to as the District"); and WHEREAS, at this time, this City Council is desirous to take proceedings to provide for the annual levy of assessments for the next ensuing fiscal year, to provide for the costs and expenses necessary for continual maintenance of improvements within said District; and WHEREAS, at this time, there has been presented and approved by this City Council, the Engineer's Report" as required by law, and at this time, this City Council is desirous of proceedings with the proceeds for said annual levy. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, as follows: SECTION 1. That the above recitals are alt true and correct. PUBLIC INTEREST SECTION 2. That the public interest and convenience requires, and it is the intention of this City Council to undertake proceedings for the annual levy and collection of special assessments for the continual maintenance of certain landscaping, a11 to serve and benefit said District as said areas is shown and delineated on a map as previously approved by this City Council and on file in the Office of the City Clerk, open to public inspection, and herein so referenced and made a part hereof. That the improvements to be maintained are substantially the same as for the previous fiscal year and reference is hereby made to said proceedings, and there are not substantial changes proposed to be made in any existing improvements or maintenance thereof. REPORT SECTION 3. That the Report" of the Engineer regarding the annual levy for said District, which Report" is for the maintenance for the fiscal year 1984-1985, is hereby approved and is directed to be filed in the Office of the City Clerk. BIB] 37673-U01 1984-U02 038-U02 CC-U02 RESO-U02 LI3-U03 FO2126-U03 FO10091-U03 DO10269-U03 C6-U03 RESO-U03 2/20/2003-U04 ROBIN-U04 1984 038 CC RESO;¢fìê$Resolution No. 84- 38 Page Two ASSESSMENT SECTION 4. That the public interest and convenience requires, and it is the intention of this City Council to order the annual assessment levy for the District as set forth and described in said Engineer's Report", and further it is determined to be with the best public interest and convenience to levy and collect annual assessments to pay the costs and expenses of said maintenance and improvement as estimated in said Report". DESCRIPTION OF MAINTENANCE SECTION 5. The improvements for which said Maintenance District is to be formed and the assessment levied and collected, shall be for the maintenance of certain landscaping and lighting with the City. COUNTY AUDITOR SECTION 6. The County Auditor shall enter on the County Assessment Roll the amount of the assessments and shall collect said assessments at the time and in the same manner as County taxes are collected. After collection by the County, the net amount of the assessments, after the deduction of any compensation due to the County for collection, shall be paid to the Treasurer for purposes of paying for the cost and expenses of said Maintenance District. SPECIAL FUND SECTION 7. The City Treasurer herewith shall establish a special fund know as CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT FUND", into which the said Treasurer shall place all monies collected by the Tax Collector as soon as said monies have been received by said Treasurer. Payment shall be made out of said fund only for the purpose provided for in this Resolution, and, in order to expedite the making of this maintenance and improvement, the City Council may transfer into said special fund, from any available source, such funds as it may deem necessary to expedite the proceedings. Any funds so transferred shall be deemed a loan to said special fund and shall be repaid out of the proceeds of the assessments provided for in the Resolution. BOUNDARIES OF DISTRICT SECTION 8. Said contemplated maintenance work is, in the opinion of this City Council, of direct benefit to the properties within the boundaries of the Maintenance District, and the City Council makes the cost and expenses of said improvement and maintenance chargeable upon a district, which district said City Council hereby declares to be the district benefited by said improvements and maintenance to be further assessed to pay the costs and expenses thereof. Said Maintenance District shall include each and every parcel of land within the boundaries of said Maintenance District as said Maintenance District is shown on a map as approved by the City Council and on file in the office of the City Clerk. PUBLIC PROPERTY SECTION 9. Any lots or parcels of land known as public property, as the same are defined in Section 22663 of Division 15, Part 2, of the Streets and Highways Code, which are included within the boundaries of the Maintenance District, shall be omitted and exempt from any assessment to be made under the proceedings to cover any of the costs and expenses of said maintenance work. BIB] 37673-U01 1984-U02 038-U02 CC-U02 RESO-U02 LI3-U03 FO2126-U03 FO10091-U03 DO10269-U03 C6-U03 RESO-U03 2/20/2003-U04 ROBIN-U04 1984 038 CC RESO;¢fìê$Resolution No. 84-38 Page Three PUBLIC HEARING SECTION 10. Notice is hereby given that Wednesday, the 6th of June, 1984, at the hour of 7:00 o'clock P.M., in the Council Chambers of the City Council, being the regular meeting place of said City Council is the time and place fixed by this City Council for the hearing of protests or objections in reference to the annual levy for the proposed Maintenance District to the extent of the maintenance works of improvements and any other matters contained in this resolution. Any persons who wish to object to the proceedings for the annual levy should file a written protest with the City Clerk prior to the time set and scheduled for said public hearing. NOTICE SECTION 11. That the City Clerk is hereby authorized and directed to publish a copy of this Resolution in the Bulletin, a newspaper of general circulation in said City; said publication shall be not less than ten 10) days before the day for said Public Hearing. SECTION 12. That the City Clerk is hereby authorized and directed to post a copy of this Resolution on an official bulletin board in City Hail customarily used for the posting of notices. EFFECTIVE DATE SECTION 13. That this Resolution shall take effect immediately upon its adoption. PROCEEDINGS INQUIRIES SECTION 14. For any and alt information relating to the proceedings, protest procedure, any documentation and/or information of a procedural or technical nature, your attention is directed to the below listed person and the local agency or department so designated: J. RICHARD SMITH DIRECTOR OF COMMUNITY SERVICES CITY OF BALDWIN PARK 818) 960-4011 EXECUTION SECTION 15. That the City Clerk shall certify to the adoption of this Resolution and shall cause the same as to be published or posted in the manner prescribed by law. ADOPTED AND PASSED this 16th / fey of May 1984. ATTEST: LWDA L. GAIR^eTTY CLERK BIB] 37673-U01 1984-U02 038-U02 CC-U02 RESO-U02 LI3-U03 FO2126-U03 FO10091-U03 DO10269-U03 C6-U03 RESO-U03 2/20/2003-U04 ROBIN-U04 1984 038 CC RESO;¢fìê$Resolution No. 84-38 Page Four STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, LINDA L. GAIR, C-ity Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution No. was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at its regular meeting of the City Council on the 16th day of May, 1984 by the following vote: AYES: COUNCILMEN McNEILL. KINC^ C^IBSON, T2PLT. AND MAYOR WHTTF. NOES: COUNCILMEN NONE____________________________ ABSENT: COUNCILMEN NONE A L. GAIR, CIH CLERK BIB] 37673-U01 1984-U02 038-U02 CC-U02 RESO-U02 LI3-U03 FO2126-U03 FO10091-U03 DO10269-U03 C6-U03 RESO-U03 2/20/2003-U04 ROBIN-U04