HomeMy Public PortalAbout2012.092 (05-15-12)RESOLUTION NO. 2012.092
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ORDERING
THE LEVY OF ANNUAL ASSESSMENTS FOR THE EXISTING LYNWOOD
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT FOR FISCAL YEAR 2012-
2013
WHEREAS, the City Council of the City of Lynwood did on the 1 St day of
January, 2012, adopt its Resolution No. 2012 -005 proposing the levy of the annual
assessments for the Lynwood Landscape Maintenance 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 April, 2012, 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 April, 2012, adopt Resolution
No. 2012 -.079 approving the Engineer's Report herein mentioned; and
WHEREAS, the City Council did on the 17 day of April, 2012, adopt Resolution
No. 2012 -080 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 herein above are true and
correct.
Section 2. Following notice duly given, the City Council has held a full and fair
public hearing regarding its Resolution No. 2012 -080, 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 2012 -2013 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.
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 2012 -2013 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. All protests
and objections to the levy and collection of the proposed assessment for the fiscal year
commencing on July 1, 2012 and ending on June 30, 2013 are hereby overruled by the
City Council.
Section 4. The diagram and assessment in the Engineer's Report, as
modified, 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, maintenance and servicing of existing and previously proposed
landscaping and appurtenant facilities within parks and landscaped areas within public
rights -of -way and City owned properties in the City of Lynwood. Such improvements
include the maintenance and operation of sidewalks, streets, and water, flood control
and drainage systems, specifically the maintenance and operation of landscaping and
appurtenant facilities in and along streets and sidewalks, the maintenance and
operation of parks, including appurtenant facilities, which serve as natural retention and
drainage systems as required by the area's Master Storm Drain Plan, and the
maintenance and operation of landscaped areas adjacent to and previously proposed
water well sites; and the installation of previously proposed landscaping and
appurtenant facilities within parks and landscaped areas within public rights -of -way and
City -owned property in the City 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 during fiscal year 2012-
2013.
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, 2012 and ending June 30, 2013.
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 Landscape Maintenance Assessment for fiscal year
2012 -2013 shall be $1.90 per foot of front footage for residentially and commercially
zoned properties.
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 15 day of May 2012.
Jim Morton, Mayor
ATTEST:
Maria Quinonez, City Clerk
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APPROVED AS TO FORM:
Fred G ante, City Attorney
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
APPROVED AS TO CONTENT:
G. Daniel Ojeda, E., ector o
Public Works / City Engineer
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 15 day of May, 2012.
AYES: COUNCIL MEMBERS RODRIGUEZ, SANTILLAN -BEAS, ALATORRE
AND MORTON
NOES: NONE
ABSENT: COUNCIL MEMBER CASTRO
ABSTAIN: NONE
Maria Quinonez, (fty 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. 2012.092 on file in my office and that said Resolution was
adopted on the date and by the vote therein stated. Dated this 15 th day of May, 2012.
kU
aria Quinonez, City Clerk