HomeMy WebLinkAboutResolution No. 8701RESOLUTION 140. 8701
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA
CONFIRMING THE ENGINEER'S REPORT DATED AUGUST 7, 1989
AND THE IMPROVEMENTS, PLANS, SPECIFICATIONS, ESTIMATE,
DIAGRAM AND ASSESSMENT CONTAINED IN THAT REPORT;
ORDERING THE FORMATION OF CITY OF AZUSA LANDSCAPING AND
LIGHTING ASSESSMENT DISTRICT NO. 1 (COMMUNITY
MAINTENANCE FEE) AND THE LEVY AND COLLECTION ON THE
UTILITY ROLL OF ASSESSMENTS WITHIN THAT ASSESSMENT
DISTRICT TO FUND SUCH IMPROVEMENTS FOR FY 1989-90
The CITY COUNCIL OF THE CITY OF AZUSA does resolve as
follows:
SECTION 1. That the City Council of the City of Azusa does
hereby find, determine and declare as follows:
(A) That the City Council by Resolution declared its
intention to form the City of Azusa Landscaping and Lighting
Assessment District No. 1 ( the "District") and levy, and collect
on the utility roll (Community Maintenance Fee) assessments to
finance improvements within the District and did call for the
preparation of an Engineer's Report ("Report") pursuant to the
Landscaping and Lighting Assessment District Act of 1972 (Streets
& Highways Code Sections 22500 et. seq.; the "Act") by City
staff; and
(B) That City staff with the assistance of the engineering
firm of Kenneth I. Mullen, Inc. have prepared the Report pursuant
to the Act for levy and collection on the utility roll and have
filed such Report with the City Council, which has preliminarily
approved such Report; and
(C) That the City Council noticed, in the time and manner
provided in the Act, a protest hearing for this date and time on
the issues of forming the District and levying and collecting
assessments therein for fiscal year 1989-90 in the manner and
amount as set out in the Report; and
(D) That at the time and place noticed the City Council
duly conducted such protest hearing, and considered any and all
written protests against the formation of the Assessment District
and the levy and collection of assessments therein; and
(E) That no majority protest exists.
SECTION 2. That it is hereby ordered by the City Council as
follows:
(A) That the Report attached and incorporated herein by
this reference, as Exhibit "A", including the assessments (their
amount and manner of collection), plan and specifications,
diagram and estimate of costs, hereby is approved, confirmed and
adopted; a copy of the Report shall remain on file with the City
Clerk and available for public inspection; and
(B) That the assessments set out in the Report, including
their amount and the manner of their levy and collection are
confirmed, approved and adopted for funding the installation,
construction, maintenance, administration and service of the
improvements for FY 1989-90, as described in the Report; and
(C) That the fiscal year referred to in said Report shall
be the fiscal year 1989-90, commencing July 1, 1989 and ending
June 30, 1990 inclusive; and
(D) That the City Council does hereby levy and collect said
assessments in the manner set out in the Report to cover the
costs of installation, construction, maintenance, administration
and service of
District; and
(E) That
administration
performed and
accordance with
Report; and
•
the improvements
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upon the land within the
the installation, construction, maintenance,
and service set out in the Report shall be
carried out during the said fiscal year in
the plans and specifications set out in the
(F) That the Finance Director of the City of Azusa shall
establish a special fund entitled "City of Azusa Landscaping and
Lighting Assessment District No. 1 Improvement Fund", and further
orders that all assessment proceeds received shall be deposited
in such fund; and all payments made from such fund shall be for
the purposes set out in the Report; and
(G) That the City staff hereby is designated, required,
empowered, authorized, instructed, directed and ordered to make
collection of all such assessments as shown in the Diagram and
Assessment and the Report to perform any and all duties necessary
therefor.
(H) The City Council authorizes and directs the City
Attorney to file a validation action on the manner of levy and
collection of the assessment as set out in the Report.
SECTION 3. That the City Clerk shall certify to the
adoption of this Resolution.
PASSED, APPROVED and ADOPTED this 31st day of August, 1989.
/I
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I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the City Council of the City of Azusa at an adjourned
regular meeting thereof held on the 31st day of August, 1989 by
the following vote of the Council:
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
7 / �
AVILA, STEMRICH, NARANJO, LATTA
MOSES
NONE