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HomeMy WebLinkAbout1995 032 CC RESO1995 032 CC RESO(Ìì³õ RESOLUTION 95 32 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 FY 1995-96 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. BIB] 37650-U01 1995-U02 032-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1366-U03 DO1426-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 95-32-U05 MAY-U05 17-U05 1995-U05 1995 032 CC RESO(Ìì³õResolution 95-32 May 17, 1995 Page 2 REPORT SECTION 3. That the Report of the Engineer, previously approved, regarding the FYI 1995-96 Assessment, which Report describes the improvements and maintenance for the FY 1995-96, 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 City 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. 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, replacement of plant materials, shrubs and ground cover, and any other costs resulting from replacement of damaged improvements. COUNTY AUDITOR SECTION 6. That 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. BIB] 37650-U01 1995-U02 032-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1366-U03 DO1426-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 95-32-U05 MAY-U05 17-U05 1995-U05 1995 032 CC RESO(Ìì³õResolution 95-32 May 17,1995 Page 3 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 shalt 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. PUBLIC HEARING SECTION 10. Notice is hereby given that June 7, 1995, at the hour of 7:00PM in the Council Chambers 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 San Gabriel Valley Tribune, 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. BIB] 37650-U01 1995-U02 032-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1366-U03 DO1426-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 95-32-U05 MAY-U05 17-U05 1995-U05 1995 032 CC RESO(Ìì³õResolution 95-32 May 17, 1995 Page 4 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 May 17,1995. MAYOR STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss: CITY OF BALDWIN PARK I, LINDA L. GAIR, City' Clerk of the City' of Baldwin Park do hereby certify that the foregoing Resolution No.95 32 was duly adopted by the City Council of the City of Baldwin Park and approved by the Mayor at a regular meeting thereof held on the May 17,1995 and that the same was adopted by the following vote to wit: AYES Lozano Lowes Muse & Mayor Vargas NOES No ABSENT No ABSTAIN: Martinez LINDA L GAIR, CITY CLERK BIB] 37650-U01 1995-U02 032-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1366-U03 DO1426-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 95-32-U05 MAY-U05 17-U05 1995-U05