HomeMy WebLinkAbout1994 058 CC RESO1994 058 CC RESO (Ìì ¸ ú RESOLUTION NO. 94-58
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN
PARK, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE
ANNUAL ASSESSMENT LEVY AND COLLECT ASSESSMENTS FOR
CERTAIN IMPROVEMENTS AND MAINTENANCE 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 A PUBLIC HEARING
WHEREAS, the City Council has previously ordered the
Engineer to prepare and file a report 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 an improvement
and Maintenance District known and designated as the
CITY OF BALDWIN PARK
LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT
hereinafter referred to as DISTRICT"); and
WHEREAS, there has been presented and approved by the
City Council the Engineer's Report as required by law; and
WHEREAS, the City Council is desirous of proceeding
with the ordering of the annual levy of assessments.
NOW THEREFORE, it is hereby resolved by the City
Council of the City of Baldwin Park as follows:
SECTION 1. That the above recitals are all true and
correct.
PUBLIC INTEREST
SECTION 2. That it is the intention of the City
Council, consistent with the public interest and
convenience, to levy and collect annual assessments for
fiscal year 1994-1995 for the construction and continued
maintenance of certain public facilities within the City of
Baldwin Park Landscaping and Lighting District, all to
serve and benefit said District as said area is shown and
delineated on a map, previously approved by the City
Council and on file in the Office of the City Clerk, open
for public inspection, and herein so referenced and made a
part hereof.
REPORT
SECTION 3. That the Report of the Engineer,
previously approved, regarding the fiscal year 1994-1995
Assessment, which Report describes the improvements and
maintenance for the fiscal year 1994-1995, set forth the
full and detailed description of the improvements, the
zones therein and the proposed assessments upon assessable
lots and parcels of land within the District, is on file
with the Clerk of the City of Baldwin Park.
ASSESSMENT
SECTION 4. That the public interest and convenience
requires, and it is the intention of the City Council to
order the annual levy of the assessments as set forth and
described in said Engineer's Report.
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1994 058 CC RESO (Ìì ¸ ú Resolution No. 94-58
Page Two
DESCRIPTION OF IMPROVEMENT AND MAINTENANCE
SECTION 5. The improvements and maintenance for said
District, and the assessments levied and collected, shall
be for the construction and continued maintenance of
certain public facilities consistent with said Landscaping
and Lighting Act of 1972," within the District. The
improvements also include the maintenance of the existing
landscaping within Zone 4 as outlined within the Engineer's
Report, excluding tree removal and specialized trimming,
repairs of damaged walkways, and replacement of plant
materials, shrubs and groundcover, and any other cost
resulting from replacement of damaged improvements.
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 City Treasurer of the City
for purposes of paying for the costs and expenses of said
District.
SPECIAL FUND
SECTION 7. The City Treasurer shall place all monies
collected by the Tax Collector as soon as said monies have
been received by said City Treasurer in the special fund
known as the BALDWIN PARK LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT FUND". Payment shall be made out of
said fund only for the purposes provided in this
Resolution.
BOUNDARIES OF DISTRICT
SECTION 8. Said contemplated improvement and
maintenance work is, in the opinion of the City Council, of
direct benefit to the properties within the boundaries of
the District, as set forth below, and the City Council
makes the costs and expenses of said improvements and
maintenance chargeable upon the District, which district
said City Council hereby declares to be the District
benefited by said improvements and maintenance and to be
further assessed to pay the costs and expenses thereof.
Except for those parcels referred to in Section 9 of this
Resolution, said District shall include each and every
parcel of land within the boundaries of said District as
said District is shown on a map as approved by the City
Council and on file in the Office of the City Clerk, and so
designated by the name of the District.
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 of
the State of California, which are included within the
boundaries of the District, shall be omitted and exempt
from any assessment to be made under these proceedings to
cover any of the costs and expenses of said work.
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Page Three
PUBLIC HEARING
SECTION 10. Notice is hereby given that July 6, 1994,
at the hour of 7:00 p.m. in the Council Chambers of the
City Council of the City of Baldwin Park, California, being
the regular meeting place of said City Council is the time
and place fixed by this City Council for the hearing of
protests, comments or objections in reference to the annual
levy of assessments to the extent of the works of
improvements, maintenance and the levy of the proposed
assessments and any person who wishes to object to the
annual levy of assessments should file a written protest
with the City Clerk prior to the conclusion of said Public
Hearing.
NOTICE
SECTION 11. The City Clerk is hereby authorized and
directed to publish a copy of this Resolution in the
Baldwin Park Bulletin, a newspaper of general circulation
in said City; said publication shall not be less than ten
10) days before the date of said Public Hearing.
PROCEEDINGS INQUIRIES
SECTION 12. For any and all information relating to
the procedures, protest procedure, documentation and/or
information of a procedural or technical nature, your
attention is directed to the office listed below as
designated:
SID JALAL MOUSAVI, DIRECTOR OF PUBLIC WORKS
CITY OF BALDWIN PARK
818) 813-5251
EXECUTION
SECTION 13. 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.
APPROVED AND ADOPTED ON June 1,
LINDA L. GAIR, CITY CLERK
I, LINDA L. GAIR, City Clerk of the City of Baldwin
Park do hereby certify that the foregoing Resolution was
duly adopted by the City Council and signed by the Mayor of
said City at a meeting held on June 1 1994; and the
same was passed by the following vote:
AYES: COUNCILMEMBER LOWES, GALLEGOS, MUSE PRO TEM MARTINEZ
NOES: COUNCIL MEMBERS NONE
ABSENT; COUNCIL MEMBERS MAYOR VARGAS
ABSTAIN: COUNCIL MEMBERS NONE
GAIR,CITY CLERK
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