CC RES 1995-060RESOLUTION NO. 95 -60
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES CONFIRMING A DIAGRAM
AND ASSESSMENT FOR THE 1995 -96 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, 1995 and ending June 30, 1996,
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 1995 -96 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 1995 -96 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 1995 -96 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 1995 -96.
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.
constitutes the levy of
parcels of land in the
July 1, 1995 and ending
The adoption of this Resolution
an assessment against the lots and
District for the fiscal year commencing
June 30, 19960
Resol. No. 95 -60
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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.
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 20th day of June,
1995e
ayo
ATTEST:
i
City Clerk
f
r
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. 95 -60 was
duly and regularly passed and adopted by the said City Council at
a regular meeting thereof held on June 20, 1995.
I
City Clem City of Rancho
Palos Ver� es
i
Resol. No. 95 -60
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