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HomeMy Public PortalAboutResolution 02-40761 1 1 RESOLUTION NO. 02 -4076 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 2002 -2003 WITHIN THE CITYWIDE LIGHTING AND MAINTENANCE DISTRICT, PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND ESTABLISHING A TIME AND PLACE FOR HEARING PUBLIC OBJECTIONS WHEREAS, the City Council of the City of Temple City hereby declares its intention to levy and collect assessments for fiscal year 2002 -2003 within the existing Citywide Lighting and Maintenance District pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Division 15 of the Streets and Highways Code of the State of California. NOW, THEREFORE, the City Council of the City of Temple City does hereby resolve as follows: DESCRIPTION OF WORK SECTION 1. The City Council has determined the public interest and convenience requires that certain, work be performed and improvements made within the Lighting and Maintenance District for which assessments shall be levied and collected for fiscal year 2002 -2003, to include street lighting, tree maintenance, traffic signals, purchase of vehicles and equipment, and capital improvements. LOCATION OF WORK SECTION 2. The aforementioned work and improvements are to be performed and located within the streets, easements, and public rights -of -way, within the incorporated area of the City of Temple City as indicated on a map filed in the City Clerk's office entitled "Lighting and Maintenance District Assessment Diagram." The Lighting and Maintenance District boundaries shall be the same as the incorporated City boundaries. DESCRIPTION OF ASSESSMENT DISTRICT SECTION 3. The City Council has determined the work and improvements to be performed are a direct benefit to the City of Temple City and hereby charges the expenses of said work and improvements upon a district for which assessments shall be levied and collected and such district is defined as the total territory existing within the incorporated area of the City of Temple City, exclusive of all public streets and rights -of -way. ENGINEER'S REPORT SECTION 4. The City Council hereby approves the engineer's report that indicates the amount of the proposed assessment rates, the district boundaries, assessment zones,- detailed description of improvements, and the method of assessment. The report titled "Engineer's Report for Temple City Citywide Lighting and Maintenance District, City of Temple City, County of Los Angeles, California" is on file in the office of the City Clerk and reference to said report is hereby made for all particulars. Resolution No. 01 -4076 Page 2 NOTICE OF PUBLIC HEARING SECTION 5. Notice is hereby given that the City Council of the City of Temple City will hold a public hearing May 21, 2002, 7:30 p.m. in the City Council Chambers located in the Civic Center facility at 5938 N. Kauffman Avenue, Temple City, California, and all persons having any objections regarding the proposed work, improvements, or intent of the assessment district, may appear and demonstrate cause why said work or improvements should not be performed or carried out in accordance with this resolution of intention. The City Council will consider all verbal and written protests. LANDSCAPING AND LIGHTING ACT OF 1972 SECTION 6. All work and improvements herein proposed shall be performed in accordance with the Landscaping and Lighting Act of 1972, being Division 15 of the Streets and Highways Code of the State of California. PROPOSITION 218 SECTION 7. 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. Parks are considered to be a general benefit. Therefore, effective July 1, 1997, the City may not continue to assess for park maintenance operations. The park maintenance program will be utilizing general fund monies. SECTION 8. The City Clerk shall certify to the adoption of this resolution. PASSED, APPROVED, AND ADOPTED on this 7th day of May, 2002. ATTEST: City Clerk U I, City Clerk of the City of Temple City, hereby certify that the foregoing resolution, Resolution No. 02- 4076, was adopted by the City Council of the City of Temple City at a regular meeting held on the 7th day of May, 2002 by the following vote: AYES: Councilman - Souder, Zovak, Vizcarra NOES: Councilman -None ABSENT: Councilman - Wilson, Gillanders —1 City Clerk 1 1 1