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HomeMy Public PortalAboutM 1939-08-01 - CC~9 ~~ „. ~ ~~ ADJOURNED REGULAR MEETING JULY 20, 1939' The City Council of the City of Lynwood met in an adjourned regular session, in the Council Chamber of the City Hall, 11331 Plaza Street, on above date, at 10 P. M. Mayor Lake in the chair. Councilman Christensen, Meyer Snyder and Lake answered the roll call. Councilman Nation was absent. It was moved by Councilman Meyer and seconded by Councilman Christensen that the minutes of the previous regular meeting of July 18, 1939 and of the adjourned regular meeting held on 1:45 P. M. on July 20, 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 10:00 o'clock P. M. having arrived, said hour being the time fixed to resume the hearing in connection with refund- ing the indebtedness of Acquisition and Improvement District No. 7 under the Refunding Assessment Bond Act of 1935, as amended, as contin- ued from the adjourned regular meeting held on July 20, 1939, at 1:45 P. M. The Mayor inquired of the City Clerk whether or not any written objections or protests had been filed. The City Clerk stated that none had been filed. Thereupon the Mayor inquired whether there was anyone present who wished to protest, either in writing or orally. There was no res- ponse. The City Clerk testified that Affidavits of Posting, publi- cation and mailing of the Resolution of Intention No. 1185 were on file in his office. City Treasurer Reed testified that the amount as Bet forth in the Resolution of Intention was the amount of outstanding indebted- ness; also that the amount of X58,343.08 would be a sufficient assess- ment to clear the debt of said A. & I. District No. 7. City Engineer Bateman submitted an Affidavit setting forth that he had checked the area of land in said District and the total percentage of area the owners of which had consented to the refunding and that he finds that written consents have been signed by owners of 530 of the area of the district and subject to assessment. The City Clerk also presented an affidavit setting forth that he has checked the records to ascertain the record owners of all the parcels in the District, substantiating the testimony of the City Engineer Bateman to the effect that valid consents were on file in his office for 530 of the area in the district. Thereupon RESOLUTION N0. 1192, entitled: "RESOLUTION SETTING FORTH FACTS OF HEARING, PASSING UPON OBJECTION, AND FIND THAT THE WRIT- TEN CONSENT OF THE OWNERS OF A MAJORITY IN AREA OF THE LANDS IN ACQt1I- SITION AND IMPROVEMENT DISTRICT N0. ? OF THE CITY OF LYNWOOD, HAD BEEN FILED", was read, said resolution reading as follows: "Whereas, the City Council of the City of Lynwood, California, on the 20th day of June, 1939, duly passed and adopted its Resolution loo. 1185 declaring its intention to refund the indebtedness of Acquisition and Improvement District No. ? of the City of Lynwood under and pursuant to the provi- sions of the Refunding Assessment Bond Act of 1935, as amended; and WHEREAS, at the time and place fixed for. the hearing of pro- tests and objections to said refunding-a hearing was duly held and no written objections against said proposed refunding had been filed with the City Clerk and no persons appeared and objected to or protested against-.said refunding, and both written and oral evidence upon the proceedings has been taken, and it appears that affidavits showing the due publication, posting, and mailing of the resalution were filed in the office of the City Clerk of said city at the time and in the manner required by law and that all notices required by said Act have been properly given and a full and complete hearing has been had; and WHEREAS, the City Council of the City of Lynwood has consid- ered. all of the facts and is fully informed in the matters; NOW, THEREFORE, it is hereby resolved by the City Council of the City of Lynwood, California, as follows: Section 1. That the public interest, convenience and neces- sity require the refunding of the indebtedness of Acquisition and Im- provement District No. 7 of the City of Lynwood,~California, as set forth in said Resolution No. 1185. ~~ Section 2. That no protests or objections to such refunding have been filed or made. Section 3. That the written consent of the owners of more than a majority in area of the lands in the District subject to assess- ment to pay the principal and interest of the outstanding bonds of said District, being also the written consent of the owners of more than a majority in area of the lands in the District subject to assessment in the refunding proceedings, consenting to the refunding and assess- ment (sometimes called a reassessment), has-been filed, and that trtis City Council has acquired ,jurisdiction to proceed with the refunding of the indebtedness of said District under the provisions of said Act. Section 4. That this resolution shall be entered in full upon the minutes of this City Council. ADOPTED, SIGNED AIdD APPROVED this 20th day of July, 1939. Thereupon it was moved by Councilman Snyder and seconded by Councilman Christensen that said Resolution No. 1192 be adopted. Roll Call: Ayes: Councilmen Christensen, Meyer, Snyder and Lake. Noes: None. Absent: Councilman Nation. RESOLUTION N0. 1193, entitled: "RESOLUTION OF-.CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORArIA, ORDERING THE REFUNDING OF THE IN- DEBTEDNESS OF ACRUISITiON AND IMPROVE;~,!IENT DISTRICT N0. ? OF SAID CITY AND THE MAKIA;G OF AN ASSESSP~IENT ThEREFOR", was read, said Resolution reading as follows: WHEREAS, the hearing of objections and protests to the re- funding of the indebtedness of Acquisition and Improvement District No. 7 of the City of Lynwood, California, as proposed in Resolution No. 1185, has been duly had and no protests or objections were filed or made; and WHEREAS, by resolution entered upon the minutes, this Coun- cil has determined that the written consent of the owners of more than a majority in area of the lands in the District subject to assessment to pay the principal and interest of the outstanding bonds of the Dis- trict, being also the written consent of the owners of more than a majority in area of. the lands in. the District subject to assessment in the refunding proceeding, consenting to the proposed refunding and assessment (sometimes called a reassessment) has been filed, and this Council has acquired ,jurisdiction to proceed with such refunding and assessment; NOW, THEREFORE, the City Council of the City of Lynwood, California, does hereby resolve, deter~~:~ine and order as follows: Section 1, That the public interest, convenience and nec- essity require the refunding of the indebtedness of Acquisition and Improvement District No. ? of the City of Lynwood, and the refunding of such indebtedness under the Refunding Assessment Bond Act of 1935, as amended, and tl~ levy of an assessment (someti~tes called a reassess- ment) therfor, as proposed in said Resolution No. 1185, are hereby ordered. Reference is hereby made to said Resolution No. 1185 for the total amount of tre outstanding indebtedness of the District, the amount of principal of bonds included therein, and the amount of due and unpaid interest coupons included therein, and for all other par- ticulars. The refunding bonds to be issued in this refunding proceed- ing shall bear interest at the rate of five per cent (5~O) per annum. Section 2. That the total maximum principal amount for which an assessment shall be levied in this refunding proceeding is the sum of sixty-one thousand four hundred forty-four and fixty-six hundredths dollars 061,444.56). Section 3. That the City Engineer of the City of Lynwood is hereby directed to prepare a diagram of the property included ~uifh- in the District upon which the said assessment sha 11 be levied, in accordance with said Act, and when said diagram is completed the Sup- erintendent of Streets of the City of Lynwood is hereby directed to and shall proceed to make the assessment in accordance with the pro- visions of said Act. Section 4. That this resolution shall be entered in full upon the minutes of this City Council. ADOPTED, SIGNED AND APPROVED this 20th day of July, 1939. It was moved by Councilman Snyder and seconded by Councilman Meyer that said Resolution No. 1193 be adopted. Roll Call: Ayes: Councilmen Christensen, Meyer Snyder and Lake. Noes: None. Absent: Councilman Nation. 21 The City Clerk announced that subsequent to the adoption of Resolutl on No. 1193 ordering the Refunding of the Indebtedness of Ac- quisition and Improvement District No. 7 of said City and the making of an Assessment therefor, Street Superintendent Bateman had filed with him the diagram and assessment roll as directed thereby. Thereupon RESOLUTION N0. 1194 entitled: "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORI~TIA, FIXING A TIME AND PLACE FOR A HEARING ON THE ASSESSMENT FILED FOR THE REFUNDING OF THE INDEBTEDNESS OF ACQUISITION AND IMPROVE144ENT DISTRICT N0. 7 OF SAID CITY", was read. It was moved by Councilman Snyder and seconded by Councilman Christensen that said Resolution No. 1194 be adopted. Roll Call: • ~ Ayes: Councilmen Christensen, Meyer, Snyder and Lake. Noes: None. Absent: Councilman Nation Thereupon it was moved by Councilman Christensen and second- ed by Councilman Meyer that the meeting ad,~ourn to August 1, 1939 at 7:30 P. M. All members of the Council present voting aye, the Mayor I declared the motion duly carried and it was sa ordered. 1 --~'~~_ MAYOR OF HEFTY OF~.,YNWOOD. .ATTEST s ,~~ Y , Y OF LYNW D.