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HomeMy WebLinkAboutResolution No. 23-8179 - Confirming Lighting & Landscaping Assessment Dist 121 - FY 2023-24RESOLUTION NO. 23-8179 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CONFIRMING THE DIAGRAM AND ASSESSMENT AND ORDERING THE - LEVY AND COLLECTION OF ASSESSMENTS FOR THE CITY OF DOWNEY LIGHTING AND LANDSCAPING ASSESSMENT DISTRICT 121 FOR FISCAL YEAR 2023-24 PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE WHEREAS, on June 27, 2023, the City Council of the City of Downey ("City Council") adopted Resolution No. 23-8177 approving the Engineer's Report for assessments within Lighting & Landscaping Assessment District 121 (the "District") for Fiscal Year 2023-24; and WHEREAS, on June 27, 2023, the City Council adopted Resolution No. 23-8178 declaring its intention to levy and collect assessments within the District for Fiscal Year 2023-24 pursuant to the provisions of the Landscaping & Lighting Act of 1972, Part 2 (commencing with Section 22500) of Division 15 of the Streets and Highways Code (the "Act"); and WHEREAS, on June 27, 2023, the City Council adopted Resolution No. 23-8178 setting Tuesday, July 25, 2023, at 6:30 p.m. in the Council Chambers of the City Hall at 11111 Brookshire Avenue, Downey, California, as the time and place for hearing protests concerning the services to be performed, the proposed assessments, and other matters relating thereto; and WHEREAS, notice of said hearing was published as required by Sections 22552 and 22553 of the Streets and Highways Code; and WHEREAS, at the public hearing on July 25, 2023, the City Council afforded every interested person an opportunity to be heard, either in writing or orally, regarding the proposed 2023-24 assessments to be levied and has determined that a majority protest does not exist regarding the proposed levy of annual assessments for fiscal year 2023-24. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (a) The preceding recitals are true and correct and are incorporated herein by this reference; (b) Compliance has been had with all of the requirements of the Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 22500) of Division 15 of the Streets and Highways Code; (c) The Engineer's Report on file with the City Clerk and available for public inspection, contains the proposed assessments upon assessable lots and parcels of land within the District, including changes from the previous fiscal year's assessment and assessable lots; (d) The assessments for all zones will be less than, or equal to, the maximum assessments; (e) The City Council may proceed to adopt a resolution confirming the assessments to be levied on assessable parcels of property in the District. A_*;T#1MWJ• •_ PAGE 2 SECTION 2. Improvements. The Street Light Improvements and Safety Lighting and Traffic Signal Improvements provided by the District and associated with the zones described in the Engineer's Report incorporate various landscaping and lighting improvements that are maintained and serviced for the benefit of real property within the District. SECTION 3. Confirmation of Diagram and Assessment. The Engineer's Report and the assessment diagram and the assessment contained therein for the maintenance and service of street lighting facilities and on -street and public facilities landscaping within the District for fiscal year 2023-24 are confirmed. SECTION 4. Levy of Assessments. Pursuant to Section 22631 of the Streets and Highways Code, the proposed assessments for the Lighting and Landscaping Assessment District 121 for Fiscal Year 2023-24 included in the Engineer's Report approved by the City Council through Resolution No. 23-8177 on June 27, 2023 are hereby confirmed. SECTION 5. Filing. The City Clerk shall cause the diagram and assessment included in the Engineer's Report to be filed with the Los Angeles County Auditor. SECTION 6. Certification. The City Clerk shall certify to the adoption of this Resolution. SECTION 7. Effective Date. This Resolution shall become effective immediately upon its adoption. APPROVED AND ADOPTED this 25 th day of July, 2023. CLAUDIA M. FROMETA;-AAayoK MIJAM 1.511mr-110"210 I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a Regular meeting held on the 25 th day of July, 2023, by the following vote, to wit: AYES: Council Members: Horn, Sosa, Trujillo, Frometa NOES: Council Members: None. ABSENT: Council Members: None. ABSTAIN: Council Members: None. MA IA 'ALICIA �DA�R, MC City Clerk