HomeMy Public PortalAboutResolution 05-43431
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RESOLUTION NO. 05-4343
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE
CITY, DECLARING ITS INTENTION TO LEVY AND COLLECT
ASSESSMENTS FOR FISCAL YEAR 2005 -2006 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 2005 -2006 in 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 2005 -2006, 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 ['nettled 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.
NOTICE OF PUBLIC HERRING
SECTION 5. Notice is hereby given that the City Council of the City of Temple City will hold a public
hearing July 5, 2005, 7 :30 p.m. in the City Council Chambers located in the Civic Center facility at 5938 N.
Resolution No. 05 -4343
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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 June, 2005.
ATTEST
City Clerk 0
I, City Clerk of the City of Temple City, do hereby certify that the foregoing resolution, Resolution No.
05 -4343, was duly passed, approved and adopted by the City Council of the City of Temple City at a regular
meeting held on the 7th day of June, 2005 by the following vote:
AYES: Councilmember - Gillanders, Wilson, Wong, Capra, Arrighi
NOES: Councilmember -None
ABSENT: Councilmember -None
ABSTAIN: Councilmember -None
City Clerk
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