CC RES 2004-050RESOLUTION NO. 2004-50
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES
CONFIRMING A DIAGRAM AND ASSESSMENT FOR THE 2004 -2005 FISCAL YEAR IN
CONNECTION WITH THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE
DISTRICT PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, PART 2 OF
DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE.
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES HEREBY FINDS,
DETERMINES, RESOLVES AND ORDERS AS FOLLOWS:
Section 1. Pursuant to prior resolutions, the City Council of the City of Rancho Palos
Verdes initiated proceedings and declared its intention to levy an assessment against the
assessable lots and parcels of property within an existing assessment district designated
"Citywide Landscaping and Lighting Maintenance District" (the "District ") pursuant to the
provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California
Streets and Highways Code (commencing with Section 22500) (the "Act ") for the fiscal year
commencing July 1, 2004 and ending June 30, 2005, and ordered the Engineer, Harris &
Associates, to prepare and file a written report in accordance with Article 4 of Chapter 1 of the
Act. The City Council, by prior resolution, approved such Engineer's Report.
Section 2. Following notice duly given in accordance with law, the City Council has held
a full and fair public hearing regarding the Engineer's Report and the levy and collection of the
proposed assessment within the District for fiscal year 2004 -05 to pay for the costs and
expenses of the improvements described in the Engineer's Report pursuant to the terms and
provisions of the Act. All interested persons were afforded the opportunity to hear and be heard
regarding protests and objections to the levy and collection of the proposed assessment against
lots or parcels of property within the District. The City Council considered all oral and written
statements, protests and communications made or filed by interested persons.
Section 3. Based upon its review of the Engineer's Report, a copy of which has been
presented to the City Council and which has been filed with the City Clerk, and other reports
and information, the City Council hereby finds and determines that (i) the land within the District
will be benefited by the improvements described in the Engineer's Report, (ii) the District
includes all of the lands so benefited, and (iii) the net amount to be assessed upon the lands
within the District for the 2004 -05 fiscal year in accordance with the Engineer's Report is
apportioned by a formula and method which fairly distributes the net amount among all
assessable lots or parcels in proportion to the estimated benefits to be received by each such
lot or parcel from the improvements. Any and all oral and written protests and objections are
hereby overruled by the City Council.
Section 4. The City Council declares that the diagram and assessment in the Engineer's
Report are hereby confirmed as filed.
Section 5. The City Council hereby orders the improvements described in the
Engineer's Report to be made.
Section 6. The assessment is in compliance with the provisions of the Act and the City
Council has complied with all laws pertaining to the levy of an annual assessment pursuant to
the Act.
Section 7. The assessment is levied without regard to property valuation.
Section 8. Public property owned by any public agency and in use in the performance of
a public function which is included within the boundaries of the District shall not be subject to
assessment to be made under these proceedings to pay for any of the costs and expenses of
the improvements.
Section 9. The assessment is levied for the purpose of paying the costs and expenses
of the improvements described in the Engineer's Report for fiscal year 2004 -05.
Section 10. The improvements described in the Engineer's Report shall be performed
pursuant to law.
Section 11. The County Auditor of Los Angeles County shall enter on the County
Assessment Roll opposite each lot or parcel of land the amount of the assessment and such
assessments shall then be collected at the same time and in the same manner as the County
taxes are collected. After collection by the County, the net amount of the assessments. shall be
paid to the City Treasurer.
Section 12. The City Treasurer shall deposit all moneys representing assessments
collected by the County to the credit of a special fund known as Improvement Fund, Citywide
Landscaping and Lighting Maintenance District.
Section 13. The adoption of this Resolution constitutes the levy of an assessment
against the lots and parcels of land in the District for the fiscal year commencing July 1, 2004
and ending June 30, 2005.
Section 14. The City Clerk is hereby authorized and directed to file the diagram and
assessment, or a certified copy of the diagram and assessment, with the County Auditor,
together with a certified copy of this Resolution upon its adoption.
Section 15. A certified copy of the assessment and diagram shall be filed in the
Department of Public Works, with a duplicate copy on file in the office of the City Clerk and open
for public inspection.
PASSED, APPROVED AND ADOPTED this 15th
est:
City Clerk
State of California )
County of Los Angeles )
City of Rancho Palos Verdes )
I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above
Resolution No. 2004 -50 was duly and regularly passed and adapted by the said City Council at
a regular meeting thereof held on June 15, 2004. (4
4,
City Clerk
Resolution No. 2004 -50
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