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Home My WebLink About2007 021 CC RESO2007 021 CC RESOHÄ—@¸—b€XþRESOLUTION NO. 2007-021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, INITIATING FORMATION AND STATING ITS INTENTION TO ESTABLISH AN ASSESSMENT DISTRICT PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972 AND DIRECTING ACTIONS WITH RESPECT THERETO, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING WHEREAS, pursuant to the Provisions of Division 15, Part 2 of the Streets and Highways Code of the State of California, being known as the Landscaping and Lighting Act of 1972" and Article XIIID of the State Constitution an Engineer's Report has been prepared consisting of plans and specifications, an estimate of the cost, a diagram of the Maintenance District and an assessment relating to what is now designated as: CITY OF BALDWIN PARK LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT No. 2007-1 Hereinafter referred to as District"); and WHEREAS, there now has been presented to this City Council, the Report as required by Division 15 of the Streets and Highways Code and Article XIIID of the State Constitution and as previously directed by Resolution; and WHEREAS, this City Council has now carefully examined and reviewed the Report as presented and is satisfied with each and all of the items and documents as set forth therein and is satisfied that the assessments, on a preliminary basis, have been spread in accordance with the benefits received from the maintenance to be performed as set forth in said Report. NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1 Authority. The City Council hereby initiates and declares its intention to undertake proceedings to order the formation of an assessment district pursuant to the Landscape and Lighting Act of 1972, Part 2, commencing with Section 22500, of Division 15 of the California Streets and Highways Code the Act") and Article XIIID of the California Constitution. SECTION 2 Designation. The assessment district proposed in this resolution is hereby given the distinctive designation of Citywide Landscaping and Lighting Maintenance District No. 2007-1" the Assessment District"). BIB] 39190-U01 2007-U02 021-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO99417-U03 DO103087-U03 C6-U03 RESO-U03 4/17/2007-U04 ROBIN-U04 2007 021 CC RESOHÄ—@¸—b€XþResolution No. 2007-021 Page 2 SECTION 3 Boundaries. The general location and the proposed boundaries of the Assessment District are as shown on a map entitled Assessment Diagram, City of Baldwin Park Citywide Landscaping and Lighting Maintenance District No. 2007-1" on file and open to inspection in the office of the City Engineer. This map indicates by a boundary line the extent of the territory included in the Assessment District. SECTION 4 Improvements. The improvements and the maintenance activities and services proposed to be financed by the Assessment District are described in the Engineer's Report and hereby made a part hereof. SECTION 5 Engineer's Report. Bureau Veritas, San Diego, California, is hereby designated as the Engineer of Work for the Assessment District. The Engineer of Work has caused to be prepared a report the Engineer's Report"), containing the information required by Sections 22565 22547 of the Act and has filed the Report with the City Clerk. The Engineer's Report is preliminarily approved and shall stand as the Engineer's Report for all subsequent proceedings for the Assessment District. Reference is hereby made to the Engineer's Report for a full and detailed description of the improvements, the boundaries of the Assessment District, and the proposed assessments upon assessable lots and parcels of land within the Assessment District. SECTION 6 Public Hearing. Pursuant to the Act this Board hereby orders that a public hearing shall be held before this City Council, in the Council Chambers, 14403 E. Pacific Avenue, Baldwin Park, on Wednesday, June 6, 2007, at the hour of 7:00 p.m. for the purposes of this Council's determination whether the public interest, convenience, and necessity require the improvements, whether the properties in the Assessment District are specially benefited by the improvements, the tabulation of special assessment ballots, and the determination of the existence of any majority protest and this Council's final action upon the Engineer's Report and the assessments therein. The public hearing may be continued from time to time as determined by the Council. SECTION 7 Mailed Notices. The Director of Public Works is hereby authorized and directed to cause notice of the public hearing herein ordered to be given by mailing, postage prepaid, in the United States mail, and such notice shall be deemed to have been given when so deposited in such mail. The envelope or cover of the mailing shall include the name and return address of the City as the sender. The mailed notice shall be given to property owners within the Assessment District as shown in the Engineer's Report by such mailing by name to those persons whose names and addresses appear on the last equalized assessment roll of the County of Los Angeles. The amount of the proposed assessment for each parcel shall be calculated and the record owner of each parcel shall be given written notice by mail of the proposed assessment, the total amount thereof chargeable to the entire Assessment District, the amount chargeable to the owner's particular parcel, the anticipated duration of payments for the assessment, the reason for such assessment and the basis upon which the amount of the proposed assessment was calculated. Each such mailed notice to owners shall contain a ballot which includes the City's address for receipt of completed ballots, and showing the BIB] 39190-U01 2007-U02 021-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO99417-U03 DO103087-U03 C6-U03 RESO-U03 4/17/2007-U04 ROBIN-U04 2007 021 CC RESOHÄ—@¸—b€XþResolution No. 2007-021 Page 3 owner's name, identification of the parcel and support or opposition to the proposed assessment. Each notice shall include, in a conspicuous place, a summary of the procedures applicable to the completion, return and tabulation of ballots, including a disclosure that the existence of a majority protest whereby ballots submitted in opposition exceed those submitted in favor of the assessment, with ballots weighed according to proportional financial obligation of the affected property) will result in the assessment not being imposed. The notice herein provided shall be mailed not less than forty-five 45) days before the date of the public hearing ordered herein. SECTION 8 Information. To get additional information about the assessments or the Assessment District, contact Edwin William" Galvez, P.E. Director of Public Works, 14403 East Pacific Avenue, Baldwin Park, CA 91706; Telephone 626) 960- 4011, Ext. 451 SECTION 9 Effective. This resolution shall take effect upon its adoption. PASSED, APPROVED, AND ADOPTED this 21st day of March 2007. MAMUR LOZANO MAYOR BIB] 39190-U01 2007-U02 021-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO99417-U03 DO103087-U03 C6-U03 RESO-U03 4/17/2007-U04 ROBIN-U04 2007 021 CC RESOHÄ—@¸—b€XþResolution No. 2007-021 Page 4 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, ROSEMARY M.GUTIERREZ, Chief Deputy City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2007-021 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on March 21, 2007 and that the same was adopted by the following vote to wit: AYES: COUNCILMEMBERS: David J. Olivas, Ricardo Pacheco, Mayor Pro Tern Marlen Garcia and Mayor Manuel Lozano NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: Anthony J. Bejarano ABSTAIN: COUNCILMEMBERS: NONE ROSEMARY M. REZ CHIEF DEPUTY CITY CLERK BIB] 39190-U01 2007-U02 021-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO99417-U03 DO103087-U03 C6-U03 RESO-U03 4/17/2007-U04 ROBIN-U04