HomeMy Public PortalAboutResolution 97-35901
RESOLUTION NO. 97 -3590
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE
CITY, ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS
FOR FISCAL YEAR 1997 -98 WITHIN THE CITYWIDE LIGHTING AND
MAINTENANCE DISTRICT, PURSUANT TO THE STATE
LANDSCAPING AND LIGHTING ACT OF 1972 AND AUTHORIZING
THE ADDITION OF SPECIAL ASSESSMENT FEES TO THE TAX
BILLS
WHEREAS, the City Council of the City of Temple City on April 15, 1997, adopted Resolution
of Intention No. 97 -3585 to levy and collect assessments for fiscal year 1997 -98 within the Citywide
Lighting and Maintenance District, which resolution was published as required by law and witnessed by
proof of publication on file in the office of the City Clerk; and
WHEREAS, The City Council has received and considered evidence, including oral and written
testimony regarding the jurisdictional facts in this proceeding and the necessity for the proposed work and
benefits to be derived therefrom; and
WHEREAS, the City Council has the authority to establish and order the collection of the
proposed assessments; and
WHEREAS, the County of Los Angeles is responsible for entering special assessment fees on the
tax bills, which the County collects on the City's behalf pursuant to the general services agreement
between the City of Temple City and County of Los Angeles and in accordance with Government Code
Sections 51800 and 29304; and
WHEREAS, under the terms of said agreement, the City of Temple City requests the County of
Los Angeles to enter the City's special assessment fees on the tax bills for the City.
NOW, THEREFORE, the City Council of the City of Temple City does hereby resolve as follows:
SECTION 1. The City Council of the City of Temple City approves the report filed by the
engineer.
SECTION 2. The public interest and convenience requires the ordering of the levy and collection
of assessments for fiscal year 1997 -98. Therefore, the City Council hereby orders the levy and collection
of assessments within the Citywide Lighting and Maintenance District.
PROPOSITION 218 IMPACT
SECTION 3. On November 5, 1996, California voters approved Proposition 218, also known as
"The Right to Vote on Taxes Act," which prohibits the levy of any new assessments or increase in existing
assessment rates without property owner approval. The local agency must distinguish between general
and direct benefit and shall only assess for direct benefit. It is the local agency's responsibility to provide
evidence substantiating the assessment is proportional to benefit. The City Council has determined parks
to be a general benefit under the terms and provisions of Proposition 218. Therefore, effective July 1,
1997, the park maintenance program shall be eliminated from the Lighting and Maintenance District and
the assessment rates adjusted accordingly.
SECTION 4. The adoption of this resolution constitutes the levy of the assessments as set forth
in the engineer's report for fiscal year 1997 -98.
Resolution No. 97 -3590
Page 2
SECTION 5. The City Clerk is hereby authorized and directed to file a certified copy of the
diagram and assessment with the Auditor of the County of Los Angeles no later than the third Monday
in August 1997.
SECTION 6. The City Council hereby requests the County enter City special assessment fees
collected by the County on the City's behalf, on the tax bills for the City.
SECTION 7. The City Clerk shall certify to the passage and adoption of this resolution.
PASSED, APPROVED, AND ADOPTED on this 6th day of May 1997.
All ST:
MAYOR
1, City Clerk of the City of Temple City, hereby certify that the foregoing resolution, Resolution
No. 97 -3590, was adopted by the City Council of the City of Temple City at a regular meeting held on the
6th day of May 1997, by the following vote:
AYES: Councilman- Breazeal, Brook, Wilson, Gillanders, Souder
NOES: Councilman -None
ABSENT: Councilman -None
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