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HomeMy WebLinkAboutResolution No. 91-C1580 0 RESOLUTION NO. 91-C158 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA RE- CONFIRMING THE ENGINEER'S REPORT DATED JULY 30, 1991 AND THE IMPROVEMENTS, PLANS, SPECIFICATIONS, ESTIMATE, DIAGRAM AND ASSESSMENT CONTAINED IN THAT REPORT; CONCERNING THE CITY OF AZUSA LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. I (COMMUNITY MAINTENANCE FEE) AND THE LEVY AND COLLECTION ON THE UTILITY ROLL OF ASSESSMENTS WITHIN THAT ASSESSMENT DISTRICT TO FUND SUCH IMPROVEMENTS FOR 1991-92 AND TO REDUCE THE AMOUNT OF THE ASSESSMENT THEREOF 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 did by Resolution 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 the City Engineer has prepared the Report pursuant to the Act for the levy and collection on the utility roll and has filed such Report with the City Council, which has approved such Report; and (C) That the City Council noticed, in the time and manner provided in the Act, a protest hearing on the issues of confirming the District and levying and collecting assessments therein for 1991-92 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 confirmation of the Assessment District and the levy and collection of assessments therein; and (E) That no majority protest existed; and (F) That a contribution through available funds of the City has been or will be provided, which allows the City to reduce certain assessments, and that such available funds and reduced assessments will be sufficient to provide the improvements and services referenced in the Report. 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 reapproved, reconfirmed and readopted; a copy of the Report shall remain on file with the City Clerk and available for public inspection and this Resolution shall remain on file; and (B) That the assessments set out in the Report, including their amount and the manner of their levy and collection are reconfirmed, reapproved and readopted for funding the installation, construction, maintenance, administration and service of the improvements for 1991- 92, as described in the Report, except that beginning December 1, 1991 the fees schedule shall be reduced as follows: C, Residential Commercial & Industrial (5 employees or less) Commercial & Industrial (6 or more employees) • From T2 Amount of Reduction $0.44/month $0.29/month $0.15/month $2.40/month $1.60/month $0.80/month $6.73/month $4.49/month $2.24/month When the cumulative amount of reduction throughout the Assessment District Fee has reached $500,000, the rates shall be restored to their original levels and the assessment shall continue as before; and (C) That the year referred to in said Report shall be 1991-92, commencing September 1, 1991 and ending August 31, 1992; and (D) That the City Council does hereby levy and collect said assessments in the manner set out in the Report, as amended by this Resolution, to cover the costs of installation, construction, maintenance, administration and service of the improvements upon the land within the District; and (E) That the installation, construction, maintenance, administration and service set out in the Report shall be performed and carried out during the said year in accordance with the plans and specifications set out in the Report; and (F) That the Finance Director of the City of Azusa shall maintain 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 the Assessment Report and to perform any and all duties necessary therefor. SECTION 3. That this Resolution shall become effective on November 5, 1991. SECTION 4. That the City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 21ST day of OCTOBER, 1991. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Azusa at a regular meeting thereof held on the 21ST day of OCTOBER, 1991 by the following vote of the Council: AYES: COUNCIL MEMBERS: STEMRICH, ALEXANDER, MOSES NOES: COUNCIL MEMBERS: DANGLEIS, NARANJO COUNCIL MEMBERS: