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2005-16 RESOLUTION NO. 2005-16 -' RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE CONFIRMING A DIAGRAM AND ASSESSMENT AND PROVIDING FOR ANNUAL ASSESSMENT LEVY FOR A LANDSCAPING AND STREET LIGHTING DISTRICT WHEREAS, the City Council has initiated proceedings for the annual levy of the assessments for a landscaping and street lighting district pursuant to the terms and provisions of the "Landscaping and Street Lighting Act of 1972", being Part 2 of Division 15 of the Streets and Highways Code of the State of California, in a district known and designated as CITY OF GRAND TERRACE LANDSCAPING AND STREET LIGHTING DISTRICT NO. 89-1 WHEREAS, the City Council has ordered the preparation of a report and the City Engineer has prepared and filed with this City Council a report pursuant to law for its consideration and subsequently thereto this City Council did adopt its Resolution of Intention to levy and collect assessments for the next ensuing fiscal year relating to the above-referenced District, and further did proceed to give notice of the time and place for a Public Hearing on all matters relating thereto; and, WHEREAS, at this time, this City Council has heard all testimony and evidence and is desirous of proceeding with the annual levy of assessments. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA AS FOLLOWS: SECTION 1. That the above-recitals are all true and correct. SECTION 2. That upon the conclusion of the Public Hearing, protests filed and not withdrawn, did not represent property owners being obligated for more than fifty percent (50%) of the total assessments within the District. SECTION 3. That this City Council hereby confirms the diagram and assessment as submitted and orders the annual levy of the assessment for the fiscal year and in the amounts as set forth in the Engineer's Report and as referred to in the Resolution of Intention as previously adopted relating to said annual assessment levy. SECTION 4. That the diagram and assessment as set forth and contained in said Report are hereby confirmed and adopted by this City Council. . SECTION 5. That the adoption of this Resolution constitutes the levy of the assessment for the fiscal year. SECTION 6. That the estimates of costs, the assessment diagram, the assessments and all other matters, as set forth in Engineer's "Report", pursuant to said "Landscaping and Street Lighting Act of 1972", as submitted, are hereby approved, adopted by this City Council and hereby confirmed. SECTION 7. That the maintenance works of improvements contemplated by 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 the County taxes are collected. After collection by said County, the net amount of the assessment shall be paid to the City Treasurer of said City. SECTION 8. That the City Treasurer has previously established a special fund known as the SPECIAL FUND CITY OF GRAND TERRACE LANDSCAPING AND STREET LIGHTING DISTRICT NO. 89-1 - into which the City Treasurer shall place all monies collected by the Tax Collector pursuant to the provisions of this Resolution and law and including any surplus amounts in those funds established for the existing Districts and said transfer shall be made and accomplished as soon as said monies have been made available to said City Treasurer. SECTION 9. That the City Clerk is hereby ordered and directed to file a certified copy of the diagram and assessment roll with the County Auditor; together with a certified copy of this Resolution upon its adoption. SECTION 10. That a certified copy of the assessment and 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 23rd day of June, 2005. Mayor r the City of Grand Terrace ATTEST: City Clerk for the City Grand Terrace I, Brenda Stanfill, City Clerk of the City of Grand Terrace, California, do hereby certify that the foregoing Resolution, being Resolution No. 2005-16 was duly passed, approved and adopted by the City Council, approved and signed by the Mayor, and attested by the City Clerk, all at the regular meeting of said City Council held on the 23`d day of June, 2005, and that the same was passed and adopted by the following vote: AYES: Councgllmembers Garcia and Miller and Mayor Ferre NOES: None ABSENT: Mayor Pro Tem Cortes and Councilmember Hilkey ABSTAIN: None EXECUTED this 23`d day of June, 2005, at Grand Terrace, California. City Clerk for the City of GgMd Terrace [SEAL]