RESOLUTION NO. 2023-116
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, CONFIRMING THE ASSESSMENT DISTRICT DIAGRAMS, ZONE BOUNDARIES, AND THE LEVY OF FISCAL YEAR 2023-24 ASSESSMENTS FOR THE CONSOLIDATED CITYWIDE STREET LIGHTING AND LANDSCAPING MAINTENANCE DISTRICT WHEREAS, the City Council has initiated proceedings, as set forth herein, for the annual levy of the assessments for the Consolidated Citywide Street Lighting and Landscaping Maintenance District Zones A through I pursuant to the terms and provisions of the "Landscaping and Lighting Act of 1972," Part 2 of Division 15, of the Streets and Highways Code of the State of California, in the District known and designated as the Consolidated Citywide Street Lighting and Landscaping Maintenance District; and WHEREAS, on April 18, 2022, the City Council adopted a resolution authorizing David Taussig and Associates, Inc. (DTA) as the Engineer of Record and authorizing the preparation of the annual Engineer’s Report pursuant to the Provisions of Division 15, Part 2 of the Streets and Highways Code of the State of California, for the Annual Assessment Levy of the Consolidated Citywide Street Lighting and Landscaping Maintenance District Fiscal Year 2022-23; and WHEREAS, on June 5, 2023, City Council adopted a resolution approving the Engineer’s Report for Consolidated Citywide Street Lighting and Landscaping Maintenance District Fiscal Year 2023-24, declaring the City’s intention to levy Annual Assessments, and set July 17, 2023 as the Public Hearing date to consider such action; and WHEREAS, as required, pursuant to the Streets and Highways Code §22552, §22553, and §22626(a) and Government Code §6061, the Resolution of Intention, Resolution No. 2023-89, giving notice of the Public Hearing concerning approval of the Annual Assessment Levy for the Consolidated Citywide Street Lighting and Landscaping Maintenance District for Fiscal Year 2023-24 was published in the Inland Valley Daily Bulletin on July 5, 2023; and WHEREAS, a Public Hearing was conducted on July 17, 2023, at which time the City Council heard all testimony and evidence and is desirous of proceeding with the Annual Levy of Assessments.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pomona as follows:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That the City Council hereby confirms the Assessment District Diagrams, including the zone boundaries, and the Fiscal Year 2023-24 assessments set forth and referenced in the Engineer’s Reports.
SECTION 3. That, as reflected in the Engineer’s Report approved by the City Council on June 5, 2023, there are no adjustments or increases to the assessment formulas for the Fiscal Year 2023-24 Assessment District for Zones A through I.
SECTION 4. That the City Council hereby orders the levy of Fiscal Year 2023-24 Assessments in the amounts set forth in the Engineer’s Report approved on June 5, 2023 on file in the Office of the City Clerk, and as referenced in the Resolution of Intention, Resolution No. 2023-89, regarding the levy of the annual assessments in Zones A through I.
SECTION 5. That the adoption of this Resolution constitutes the levy of the assessments for Fiscal Year 2023-24 for the Consolidated Citywide Lighting and Landscaping District.
SECTION 6. That the estimate of costs, the zone boundaries, assessment amounts and all other matters, as set forth in the Engineer's Report, pursuant to said Landscaping and Lighting Act of 1972, as submitted, are hereby confirmed, approved, and adopted by the City Council.
SECTION 7. That the maintenance work and improvements contemplated in the Engineer’s Report and the Resolution of Intention shall be performed pursuant to law, and the County Auditor shall enter on the County Assessment Roll the amount of the assessment, and said assessment shall then be collected at the same time and in the same manner as County taxes are collected. After collection by said County, the net amount of the assessment shall be paid to the City Treasurer.
SECTION 8. That the City Treasurer has established a special revenue fund for the Consolidated Citywide Street Lighting and Landscaping Maintenance District Zones A through I, into which the City Treasurer shall place all monies collected by the Tax Collector pursuant to the provisions of this Resolution and law, including any surplus amounts in those funds established for the existing Consolidated Maintenance Districts and said transfer shall be made and accomplished as soon as said monies have been made available to said City Treasurer.
SECTION 9. The City Clerk shall attest and certify to the passage and adoption of this Resolution and it shall become effective immediately upon its approval.
SECTION 10. A certified copy of the resolution, the approved Assessment District Diagrams, and Fiscal Year 2023-24 Assessment Roll shall be filed with the Los Angeles County Tax Assessor no later than August 2023.
SECTION 11. That a certified copy of the Assessment Roll and Assessment Diagram shall be filed in the Office of the City Engineer, with a duplicate copy on file in the Office of the City Clerk, and open for public inspection.
PASSED, APPROVED AND ADOPTED this 17th day of July, 2023 CITY OF POMONA:
______________________________
Tim Sandoval
Mayor
APPROVED AS TO FORM: ATTEST:
________________________________ ______________________________ Rosalia A. Butler, MMC
City Attorney City Clerk
I, HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of Pomona at a regular meeting thereof held on July 17, 2023 by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
Rosalia A. Butler, MMC
City Clerk
Resolution No. 2023-116
July 17, 2023
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