HomeMy WebLinkAbout1997 045 CC RESO1997 045 CC RESO (Ìì ³ “ RESOLUTION NO. 97-45
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
PARK IMPROVEMENTS AND MAINTENANCE PURSUANT TO THE
PROVISIONS OF DIVISION 14, 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 as the:
CITY OF BALDWIN PARK CITYWIDE PARK MAINTENANCE DISTRICT
hereinafter referred to as the District") and
WHEREAS, there has been presented and approved by the City Council the Amended Engineer's
Report as required by law: and
WHEREAS, this City Council is desirous of proceeding with the ordering of the annual levy of
I.
assessments.
NOW, ThEREFORE, ThE CITY COUNCIL OF ThE CITY OF BALDWIN PARK, CALIFORNIA, DOES
RESOLVE 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 an annual assessment for FY 1997-98 for the construction and continued
maintenance of park improvements within the City of Baldwin Park Citywide Park Maintenance 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 FYI 1997-98
assessment, which Report describes the improvements and maintenance for the FY 1997-98, 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 Amended 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 park improvements consistent with said
Landscaping and Lighting Act of 1 972", within the District.
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1997 045 CC RESO (Ìì ³ “ Resolution No.97-45
June 18,1997
Page 2
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 of Baldwin Park
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
CITYWIDE PARK MAINTENANCE DISTRICT FUND". Payments shall be made out of said fund only for the
purposes provided in this Resolution.
BOUNDARIES OF DISTRICT
SECTION 8. Said contemplated improvements and maintenance Work is, in the opinion of the City
Council, of direct and special 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 improvement 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 assessed for any special benefit that they receive from
the maintenance of the improvements as defined in said Amended Engineer's Report.
PUBLIC MEETING AND PUBLIC HEARING
SECTION 10. Notice is hereby given that July 16,1997, at the hour of 7:00 PM 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 public meeting regarding the proposed park maintenance district
assessment. All interested persons shall be afforded the opportunity to be heard at the public meeting.
Notice is hereby given that August 6,1997, at the hour of 7:00 PM 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 public 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. In addition, all interested persons shall
be afforded the opportunity to be heard at the hearing. The City Council shall consider all oral statements and
all written protests or communications made or filed by any interested person. The returned mailed ballots will
be tabulated at the public hearing and the District will only be approved if the total of YES votes is greater than
the total of NO votes, weighted by the proposed assessment.
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1997 045 CC RESO (Ìì ³ “ Resolution No.97 45
June 18,1997
Page 3
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.
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
818-812-5251
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 this 18th day of June 1997.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES as.
CITY OF BALDWIN PARK
I, LINDA L. GAIR, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution No.
97 45 was duly adopted by the City Council ofthe City of Baldwin Park and approved by the City Council at
a regular meeting thereof held on June 18, 1997 and the same was adopted by the following vote:
AYES VAN CLEAVE, MUSE, LOZANO, AND MAYOR LOWES
NOES NONE
ABSENT NONE
ABSTAIN NONE
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