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HomeMy Public PortalAboutM 1938-01-27 - CC1g~ ADJOURNED REGULAR MEETING JATIUARY 2'7TH, 1938. -- The City Council of the City of Lynwood met in an adjourned regular session, at the City Hall, 11331 Plaza Street, on above date, a t 1 : 30 P . T~~~l . Ttiliayor Bolter in the chair. Councilmen Lake, I~Ieyer, Snyder and Bolter ans`'rered the roll call. Councilman Nation was absent. It was moved by Councilman Snyder and sec~~nded by Council- man Lake that the minutes of the previous regular meeting of January 18th, 1938, be approved as written. All members of the Council present voting aye, the Mayor declared the motion duly carried and it was so ordered. The hour of 1:30 P.gJ. having arrived, said time being the hour fixed for continuing the hearing in connection with the proposed reassessment for Acquisition and Improvement District No. 9 of the City of Lynwood. The Mayor inauired of the City Clerk whether or not any written objections had been filed. The Clerk stated that none had been filed. Thereupon the Mayor inquired whether ~r not there was any one present vrho wished to submit a rrotest or objection in said matte either in writing or orally, but there ~?a.s no response. The City Clerk stated that Affidavits of Publication and Affidavit of posting Tviotice of Hearing on Proposed Reassessment for Refunding of indebtedness of Acquisition and Improvement District No. 9 were on file in his office, and Notices had been published and posted as required by law. Superintendent of Streets, A. J. Bateman, was sworn and testified that the reassessment was spread according to benefits and that all credits on assessments paid were properly given. City Treasurer Reed was sworn and testified that sufficient funds and refunding bonds are available to refund. the indebtedness of Acquisition and Improvement District No. 9. TJIr. H. A. Behnke, Trustee, was sworn and testified upon the funds available for refunding the indebtedness of Acquisition and Improvement District No. 9. A demand was presented in the principal sum of X5,000.00 dra~rn on the General Fund in favor of the Bond Redemption fund, being advance to certain funds to be used to liquidate district No. 9, ~4, 000.00 of ti~~hich having heretofore been turned into the General Fund by Tvir. Behnke, Ivlr. Reed s tating that500.00 hereto advanced to the Bond Rede~~lption Fund will be returned and P~Ir. Behnke stating that he has X400.00 more to turn into the Treasurer for the General Fund. Thereupon it was moved by Councilman Snyder and seconded by Council- man I~ieyer that said demand. in the amount of ~5, 000. OO be allo~raed and a v~iarrant be drawn on the .City Tr. easurer for said amount. Roll Call: Ayes: Councilmen Tv~eyer, Lake, Snyder and Buster. Noes: None. Absent: Councilman Nation. A cornrnunication was received from the Bankers Life Company offering to sell and exchange their bonds of par value, 956, 303.43, and all interest coupons appertaining thereto owned by them for the purpose of refunding the indebtedness of Acquisition and Improvement District No. 9. Thereupon RESOLUTION N0. 1044, entitled: "RESOLUTION AC- CEPTING OFFER CF BAI1•'El-i.S LIFE COI'dIFATv`Y OF DES TviOITu'ES, IOt^~rA, FOR THE SALE AND~OR EXCHANGE OF BONDS OF ACQUISITION AND INIPROVEIv1ENT DISTN.ICT N0. 9 OF THE CITY OF LYNWOOD OPINED BY SAID COIuiPANY IN RF'FUTdDING THE IAIDEBTEDNESS OF SAID DISTRICT," Ives read. Thereupon it was moved by Councilman Lake and seconded by Councilman Meyer that said Resolution No. 1044 be adopted. Roll Call: A~Tes: Gouncilrnen Lake, ~'Ieyer, Snyder and Buster. Noes: None. Absent: Councilman Nation. Thereupon RESOLUTION N0. 1045, entitled: "R?~,SOLUTION FIXING TERTti~iS OF PAYP~.IET~1T OF COUFOTdS OWNED BY THE CITY OF LYN1~/OOD I N THE RE- FUNDIP~~G OF TY:-E IRTDEBTEDNESS OF ACQUISITION AND IMPROVEP!iENT DISTRICT N0. 9 OF THE CITY OF LYNWOOD," was read. It was moved by Councilman Lake and seconded by Councilman ~:~Ieyer that said. Resolution No. 1045 be adopted. Roll Call: Ayes : Councilmen Meyer, Lake, Snyd er a.nd Bus ter. Noes: None. Absent: Councilman Nation. ~~ Thereupon RESOLUTION N0. 1046, entitled: "RESOLUTICN OF THE CITY CF LYNWOOD APPROPP~IATIPIG Cw,RTAIN I~ICI;~EY IN THE INTEREST APdD SINKII~TG FUND CF ACG~UISITIGN A~iD II`uPRCVEi'iENT DISTRICT N0. 9 FCR THE PAY,~iENT OF OUTSTANDINC7 BCIvDS OF SAID DISTi-~ICT, " was read. It arras moved by Councilman Meyer and seconded by Councilman La ~>e that said Resolution No. 1046 be adopted. Roll Call: Ayes : Councilmen Lake, P~.reyer, Snyder and Tester. P3oe s : None . Absent: Councilman Nation. Thereupon RESOLUTION NG. 1047, entitled : "R.ii;SOLUTION PRO- 'JIDING FOR THE ADVANCE OF IViOTJEYS FRC!',i A SPECIAL FUND OF THE CITY CF LYI~~'~`OOD FOR `I'2~:E PURPOSE CF COI1~I~LE'T'I i~G THE REFUNDING OF THE INDEBTED- IdESS OF ACCUISITIOIu AND IIV[PRO`?EIviEDiT DISTRICT N0. 9 OF SAID CITY," was read. It was moved by Councilman Lake and seconded by Council- man Snyder that said Resolution No. 1047 be adopted. Roll Call: ~-, Ayes: Councilmen Lake, P,rieyer, Snyder a.nd Bolter. Noes : I~1one . .Absent : Councilman ATa'~n. Thereupon RESOLUTION N0. 1048, .entitled: "RESOLUTION SE~h'- TING FCRTH FACTS GF HEARING AND FITS?DINGS AND COTv''FIRi~~?NG REASSESSI.ENT IN THE REFUNDING CF THE INDEBTEDNESS OF AC:~,UISITIOId AND TNiPRO`:~EI~~;EP?T DISTRICT N0. 9 OF THE CITY CF LYN~~'OOD," reading as follows, was read. "~.~1HEREAS, under the provisions of the Assessment Bond Re- fundin~• Act of 1933, as amended, this City Council adopted Resolu- tion of Intention No. 1006 on the 14th dayof September, 1937, pro- viding for the refunding of the indebtedness of Acquisition and Im- provement District No. 9 of the City of Lynv~rood under the provisions of said Act; and Whereas, it appears that notice of the hearing on the pro- posed reassessment has been published and ix~ ted as required by 1a.w and that a.t the time and place set for hea.ring~, the matter was duly called up a.nd the hearing eras duly continued from said time to January 27, 1938, at the hour of 1: 3^ o'clock, P. I~?. , b=.- an order duly entered in the minutes of the City Council, and at the time a.nd place to which the said hearing eras continued the hearing; was duly ha.d and completed: and WHEREAS, no protest or objection to the said reassessment or any of the reassessments upon the respective lots, pieces, or parcels of lance reassessed, or to any action or deterrnina_tion in the rr~aking~ of said reassessment or in the proceedings fox' said re- assessment and refunding has bEen filed or made, and no protest or objection to the amounts of any of the reassessments or to the validity or legality of any of the proceedings for said reassessment or refunding has been filed or made; a.nd WHEREAS, no objection or protest upon any ground whatever h.as been filed or made, a.nd evidence has been taken on the reassess- rnent and. refunding; proceedings; NOW, THER~;FORF, the City Council of the Gity of Lynwood, California., does 'Hereby resolve, determine and order as follows: Section 1. That said resolution of intention, being Resolution No. 1006, was duly adopted and contains all the matters and things required by _a.w and is in every .respect regular and suf- •w, ficient. That said resolution was published at the time and in the form and manner required by law, ar~d treat copies of such resolution headed "Notice of refunding; and reassessment" were posted at the time and as required by lave, and. that a cony of the resolution as qublished was mailed, postage ~~repaid, at the time and in the man- ner and. to the persons required by law, and affidavits of such pub- lication, posting, and mailings were duly fi7_ed as required by law in the office of the City Clerk of the City of Lynv€~od. That a hearing was held pursuant to said resolution a.t the time an d_ place stated therein, and that at or bef mre the time fixed for said hearing no property owner or -person interested filed or made any written. objection to the proposed refunding and no oral objection to said proposed. refundingv~a.s made, and the written consent of the owners of a majority in area of the lands in the district consenting to t'Ze proposed refunding and reassessment was filed before the time of said hearing, and this City Council duly determined t'r~at such consent had been filed and was sufficient and duly adopted and entered upon the minutes its resohztion deterrnin- ing~ that the written consent of the ovaners of a majority in area of the lands in said district had been filed, and thereafter by resol- A-'. 7c~- ution duly adopted a.nd entered upon its minutes ordered the refund- ing and reassessment. That pursuant to the direction of said C'Lty Council, the City Engineer prepared a diagran of the property included within the district uponwhich the reassessrnent should be levied, and said dia- gram vrr_s delivered to file Sur~erintendent of Streets of the City of Lynwood, and he tLL~erea_fter proceeded to mane t}~e reasses::ment in ac- cordance with the aforesa_id_ Act, and. v:~hen said reassessment vyas com- pleted it v,~r,:s filed with the Clerk of the Council, and this Council directed said Clerk to give notice of the filing of said reassessment a.nd of the time and place when and where all persons interested in the reassessrnent would. be heard by this City Council, and_ that thereafter said Clerk. published a notice of hearin~;~ on the :proposed reassessment containing all matters and things required by law at the time and in the manner r:rovided by law, and posted the same upon a.ll open streets within said district at tT;e time and in the manner required by law, and affidavits of such posting and nublic~~.tion were duly filed in the office of said City Clerk and have been presented to this City Council and tl-~is City Council hereby finds and determines that the notice of hea.rirl~; was in all respects sufficient a.nd that the same has been r~ublished and Hosted as reauired by law, and this City Council further finds and determines that the hearin~~~ on the proposed reassessment has been had at the time and place set forth in the notice and as regularly continued by order of this City Council di_aly entered in its minutes, arc? that said nearing. has been lead and held in the man- ner reauired by law, and that all of t'r~e a.cti.ons, deter;ninations, resolutions, and. orders and all of the proceedings heretofore taken in said reassessment and refunding; ~~ursuant to ar~d inc:'udin~; said resolution No. 1000 are regular, va~_id, a.nd sufficient. Section 2. That the rea.ssessraent has been made as provided. in said Act and is just a.nd in accordance with the -.facts, and that the said reassessrnent is apportioned according to '„enefits, ^:.s pro- vided in said Act, a.nd it is ti~ereby found and determined t?.;at said reassessment is regular, valid, and Sufi icient, and. that to diagram attached thereto is reg°ul_ar, va?_id and suffj.cier.t. Section 3. Tila.t said reassessment, as filed, be and it is hereby confirmed. Section 4. Tlu^.t the fielders of all outstanding bonds and coupons have contracted. to e<:cha.nge such bonds a.nd coupons for cash and refunding bonds in the refurrdin~~ proceedings, acrd it is hereby directed that said reassessment as confirmed be recorded with the superintendent of Streets of the C' ty of ?:ynv~~o ,d. Section 5. That this resolution be entered uron the minutes of tr:is C:~ty Council." Tereupon it w=~ s r:ioved by CounciL.r;an Snyder and seconded by Councilrilan Lake that said Resolution No. 1048 y~e adoc;ted. Roll Call: -- Ayes : Council~~en L~:_~~e, T~Ie,yer, Snyder and.. B~~ter. Noes: None. .Absent: Councilman Nation. Thereupon RESOLUTION R'0. 1049, enti tad: "RESOLUTION DI- RECTING ~?OTICE TO EE GIVr~T~T OF RECOR.DATIOTd OF R.EASSESST~~:ET`~T IN REFUT?D- ING TIE IIDEBTEDl~E:1S ~:~F' A~QUISITIUN .AND IId1PROVEI,~IEI~lT DISTRICT No. ~; OF TF':E CI~l'Y OF LYN~VOOD, CALIF'ORT`1IA, AT~JD RrQU~;STIiG CANCELLATION OF UNPAID SPECIAL ASSES`>i:FTrT," was read. Thereupon it was moved by Coun- cilman Snyder a.nd seconded by Councilman Lake that said Resolution No. 1049 be ador~ted. Roll Call: Ayes: Councilmen Lake, P~Ieyer, Snyder ~ nd Koster. Noes: None. Absent: Councilman Nation. Thereupon RESOLUTION D?0. 105':, entitled : "RESOLUTION OF THE CITY OF L~'N~!JOOD PROVIDINC'r THAT THE CITY OF LYN?F~r00D EXCHAT?GE COUPONS OF ACQUISITIOiv AND ITiIPROti~E:~~;:ET~~T DISTRICT NO. 10 FOR T~~E REFUNDING }30TvDS TO COJ~I'L~;'1'E `I'Hr~' EFUI`~DI~~dCt PROCEEDL~~CXS;" eras read.. It vaas ;noved by Councilman Lake a.nd. seconded by Council_:~an I~ieyer tn.at said Resolution No. 1.050 be ado~~ted. Roll Call: Ayes: Councilr;~en I;ie~,er, Lake, Snyder ~:nc_ ~soster. Toes : Tdone. Absent : Councilman N4ttion. At ti::is time Councilman L~jke asked to be elr_cused which ~ma:s granted, vrh.ereupon he vacated his chair. City Treasurer Reed addressed t}-.e Council to the effect t;rk~_t T~~ir. tloffitt and }:imself had agreed that it would be a good elan for the Council to employ I~~r. P3aslund to contact pro}~erty owners in dis- trict No. 6 and u~ge them to }gay the assessment a.s the asses^rnent in ~~~ most instances is small a.nd -:~ebondir_~ ~s~oui.ct be e~.pensive, recomi~~end.inE~ that the ~"ouncil employ P~Ir. !~aslund for such lour~~ose. T'~er _,u won ~ t ~F,__ s moved ~y Council man ',~ie~Ter a.nd sec=~nd.ed ~by Council~~an Snyder ~,~at i::r. Naslund be er~~loyed for a ?period of one- ha.lf month to ~rror'~ on eaid. matter at a. sal~:r,y sole of ~1.~0.00 per month ~.=~~ith r_o car allo~~ance. h.oll Cal1_ Councilmen Tvieyer, Snyder a.nd Bosh=r. Noes : Tone . Abs nt: Counei7_nen ~iation and Lai=~e. It eras moved by Councilman T~~2e~rer and seconded by Cow~cil- man Snyder that the City C?erk l:~ instructed to advertise for bids for the purchase of severer piT~e for n~r}cose cif construction of sever line to accornodate the Seventh-Day A~ventist School Ro17_ Ca11: Ayes : Councilmen .~:~eyer, Snyder anc~_Boster. T~?,oe s : I~1 o n e Absent : Councilmen P~Tation and La.~~e . It vdas ~nt;~ved by Councilman Meyer and seconded by Council- ~~an Snyder t'r_at the .neetin~, adjourn to February 7_st, l~?38, at 7:~~C t. T~1. All members ~f the Council T~resent voting-; a,ye, the T~~iayor de- clar=d tree motion dui,f' carried. ~~CJ z C- ~d~~C~ `_~- iAYOR. Ox' THE CITY ~~F ?.:~'T'`:'OOD AT`i~I~,ST CITY CL~'.R?', CITY ~'~F LYT~.~' OD ••-.~