CC RES 2003-056RESOLUTION NO. 2003-56
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES CONFIRMING A DIAGRAM AND ASSESSMENT FOR THE 2003 -2004
FISCAL YEAR IN CONNECTION WITH 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, 2003 and ending June 30,
2004, 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 2003 -04 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 2003 -04 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 2003-
04.
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,
2003 and ending June 30, 2004.
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.
Resolution No. 2003 -56
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PASSED, APPROVED AND ADOPTED this 1St da - f July 2003.
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Mayor
Attest:
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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. 2003 -56 was duly and regularly passed and adopted by the said
City Council at a regular meeting thereof held on July 1, 2003.
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City Clerk
Resolution No. 2003 -56
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