HomeMy Public PortalAboutResolution 02-40811
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RESOLUTION NO. 02 -4081
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE
CITY, ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS
FOR FISCAL YEAR 2002/2003 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 May 7, 2002, Resolution of Intention No.
02 -4076 to levy and collect assessments for fiscal year 2002/2003 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 there from; 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 2002/2003. Therefore, the City Council hereby orders the levy and collection of
assessments within the Citywide Lighting and Maintenance District.
PROPOSITION 218 IMPACTS
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 was 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 2002/2003.
Resolution No. 02 -4081
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 2002.
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 21st day of May, 2002.
ATTEST:
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City Clerk
I, City Clerk of the City of Temple City, hereby certify that the foregoing resolution, Resolution No. 02-
4081, was adopted by the City Council of the City of Temple City at a regular meeting held on the 21st day of
May, 2002 by the following vote:
AYES: Councilman - Souder, Wilson, Zovak, Gillanders
NOES: Councilman -None
ABSENT: Councilman - Vizcarra
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City Clerk
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