CC RES 1996-054RESOLUTION NO. 96 -54
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES CONFIRMING A DIAGRAM AND ASSESSMENT FOR
THE 1996 -97 FISCAL YEAR IN CONNECTION WITH CITYWIDE
LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT PURSUANT
TO THE PROVISIONS OF 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 for and declared its intention to levy an assessment
against lots and parcels of property within Citywide Landscaping and Lighting
Maintenance District (the "District ") pursuant to the provisions of the Landscaping and
Lighting Act of 1972 (the "Act "), Part 2 of Division 15 of the California Streets and
Highways Code, for the fiscal year commencing July 1, 1996 and ending June 30,
1997, and ordered the Engineer, Berryman & Henigar, 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 1996-
97 to pay for the costs and expenses of the improvements described in Section 4
hereof 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. All protests and objections to
the levy and collection of the proposed assessment for fiscal year 1996 -97 are hereby
overruled by the City Council.
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 benefitted by the improvements described in
Section 4 hereof and in such Engineer's Report, (ii) the District includes all of the lands
so benefitted, and (iii) the net amount to be assessed upon the lands within the District
for the 1996 -97 fiscal year in accordance with the Engineer's Report, described above,
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.
Section 4. The City Council hereby orders the proposed improvements to
be made as described in the Engineer's Report, which improvements are briefly
described as follows: the operation, maintenance and servicing of landscaping,
including trees, shrubs, grass and other ornamental vegetation, and appurtenant
facilities, including irrigation systems; the operation, maintenance and servicing of
public lighting facilities, including traffic signals, and appurtenant facilities; and the
operation, maintenance and servicing of park and recreational improvements, including
lights, athletic fields, playgrounds, playground equipment, public restrooms, park
furniture, site amenities and appurtenant facilities, and hereby confirms the diagram
and assessment set forth in the Engineer's Report as filed.
Section 5. 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 6. The assessment is levied without regard to property valuation.
Section 7. 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 8. The assessment is levied for the purpose of paying the costs
and expenses of the improvements described in Section 4 hereof for fiscal year 1996-
97.
Section 9. The improvements described in Section 4 hereof shall be
performed pursuant to law and 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 10. 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 11. 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, 1996 and ending June 30, 1997.
Section 12. 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.
Resol. No. 96 -54
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Section 13. 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 2nd day of July, 1996.
Mayor
ATTEST:
City Clerk
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes, hereby
certify that the above Resolution No. 96 -54 was duly and regularly passed and adopted
by the said City Council at a regular meeting thereof held on July 2, 1996.
City Clerk
City of Ra ho Palos Verdes
Resol. No. 96 -54
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