The URL can be used to link to this page

Home My Public Portal About2011.138 (06-21-11) RESOLUTION NO. 2011.138 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ORDERING THE LEVY OF ANNUAL ASSESSMENTS FOR THE EXISTING LYNWOOD LIGHTING ASSESSMENT DISTRICT FOR FISCAL YEAR 2011-2012 WHEREAS, the City Council of the City of Lynwood on the 1 St day of March 2011, adopted Resolution No. 2011.048 proposing the levy of the annual assessments for the Lynwood Lighting Assessment District (the "District") and directing the City Engineer to prepare a report in connection therewith; and WHEREAS, the City Engineer did on the 17 day of May, 2011 submit a report in relation to said District pursuant to the 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) (the "Act"); and WHEREAS, the City Council did on the 17 day of May, 2011, adopt Resolution No. 2011.109 approving the Engineer's Report herein mentioned; and WHEREAS, the City Council did on the 17 day of May, 2011, adopt Resolution No. 2011.110 fixing the time and place for a hearing on the matter of said District; and WHEREAS, evidence has been received as to the publication of notice of said hearing in the time, form and manner required by law. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS: Section 1. Each and all of the recitals set forth above are true and correct, and hereby incorporated and through set out in full here at. Section 2. Following notice duly given, the City Council has held a full and fair public hearing regarding its Resolution No. 2011.110, the Engineer's Report prepared in connection therewith, and the levy and collection of the proposed assessment against lots and parcels of land within the District for fiscal year 2011-2012, to pay for the costs and expenses for the improvements described in Section 5 below pursuant to the terms and provisions of the Act. All interested persons were afforded the opportunity to hear and be heard. The City Council has considered all oral and written statements, protests and communications made or filed by interested persons. All protests and objections to the levy and collection of the proposed assessment for the fiscal year commencing on July 1, 2011 and ending on June 30, 2012 are hereby overruled by the City Council. Section 3. Based upon its review of the Engineer's Report and other reports and information, the City Council hereby finds and determines that (i) the lands within the District will be benefited by the improvements described in Section 5 below, (ii) the District includes all of the lands so benefited, and (iii) the net amount to be assessed upon the lands within the District for the 2011-2012 fiscal year in accordance with the Engineer's Report is apportioned by a formula and method which fairly distributes the net amount among all assessable lots and parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements. Section 4. The diagram and assessment in the Engineer's Report, as presented to the City Council and on file in the office of the City Clerk are hereby confirmed as filed. Section 5. The City Council hereby orders the proposed improvements to be made as described in the Engineer's Report, which improvements shall be performed pursuant to law, and which are briefly described as follows: The installation or construction and maintenance and servicing of existing and previously proposed public lighting facilities and facilities which are appurtenant thereto or which are necessary or convenient for the maintenance or servicing thereof, including but not limited to, electric current, repair of street light standards and fixtures and incidental costs including labor, material and equipment. Such improvements constitute the maintenance and operation of sidewalks, and streets, specifically, the maintenance and operation of existing and previously proposed public lighting facilities located in and along sidewalks and streets, including street lights and traffic signals, and facilities which appurtenant thereto or which are necessary or convenient for the maintenance or operation thereof, including the cost of rent, repair, replacement, rehabilitation, fuel, power, electrical current, care and supervision necessary to properly operate and maintain public lighting facilities and traffic signals located in and along public streets within the city; and the installation and construction of previously proposed public lighting facilities, and facilities which appurtenant thereto or which are necessary or convenient for the maintenance or operation thereof, which have been paid or are to be paid from the proceeds of revenue bonds. Section 6. The assessment is in compliance with provisions of the Act, and the City Council has complied with all laws pertaining to the levy of an annual assessment pursuant to the Act. Section 7. The assessment is levied for the purpose of paying the costs and expenses of the improvements described in Section 5 above for the fiscal year 2011- 2012. Section 8. The County Auditor of Los Angeles County shall enter on the County Assessments Roll opposite each lot or parcel of land the amount of the assessment and such assessments shall then be collected at the same time and in the same manner as the County taxes are collected. After collection by the County, the net amount of the assessments, after deduction of any compensation due the County for collection, shall be paid to the City Treasurer. Section 9. Public property owned by any public agency and in use in the performance of a public function and which is included within the District shall not be subject to assessments pursuant to the Act for any of the costs and expenses of any of the improvements. Section 10. The City Treasurer shall deposit all monies representing assessments collected by the County to the credit of a special fund for the District and such monies shall be expended only for the improvements described in Section 5 above. Section 11. The adoption of this Resolution constitutes the levy of an assessment for the fiscal year commencing July 1, 2011 and ending June 30, 2012. Section 12. A certified copy of the diagram and assessment 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. Section 13. The Lynwood Lighting Assessment for fiscal year 2011-2012 shall be $1.62 and $3.01 per foot of front footage for residentially and commercially zoned properties, respectively. Section 14. The shortfall will be covered by the General Fund per City Council direction until such time as Council duly approves an increase. Section 15. The City Clerk is hereby authorized and directed to forthwith file a certified copy of said diagram and assessment with the County Auditor, together with a certified copy of this Resolution. Section 16. This Resolution shall take effect immediately upon its adoption. Section 17. The City Clerk shall certify as to the adoption of this Resolution. PASSED, APPROVED and ADOPTED this 21 day of June, 2011. ��s�, � Aide Castro, Mayor ATTEST: ., __�.. --- � �� Maria Quinonez, City Clerk � Roger L. Haley, y Manager � APPROVED AS TO FORM: APPROVED AS TO CONTENT: , '�, � _ ,� _ �' � �l Fred Galante, City Attorney G. Daniel Ojeda, P.E., Dir or of Public Works / City Engineer STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 21 day of June, 2011. AYES: COUNCIL MEMBERS FLORES, RODRIGUEZ, SANTILLAN, MORTON AND CASTRO NOES: NONE ABSENT: NONE ABSTAIN: NONE � � �... .� � _ _ Maria Quinonez, ity Clerk � STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. 2011.138 on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 21 day of June, 2011. ., /" � �' �% � aria Quinonez, City Clerk