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HomeMy Public PortalAbout2016.137 (07-05-16)RESOLUTION NO.2016.137 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 2016 -2017 WHEREAS, on February 16, 2016, the City Council of the City of Lynwood adopted Resolution No. 2016 -038 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, on June 21, 2016, the City Engineer submitted 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, on June 21, 2016, the City Council adopted Resolution No.2016 -125 approving the Engineer's Report herein mentioned; and WHEREAS, on June 21, 2016 the City Council adopted Resolution No.2016 -126 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. Section 2. Following notice duly given, the City Council has held a full and fair public hearing regarding its Resolution No. 2016 -126, 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 2016 -2017, 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 2016 -2017 fiscal year in accordance with the Engineer's Report is apportioned by a formula and method which fairly distributes the 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, 2016 and ending June 30, 2017. 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 2016 -2017 shall be $1.62 and $3.01 per foot of front footage for residentially and commercially, zoned properties, respectively. Section 14. Any shortfall may 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 City Council Resolution. [THIS SPACE INTENTIONALLY LEFT BLANK] 3 STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, Maria Quinonez, 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 5th day of July, 2016, and passed by the following vote: AYES: COUNCIL MEMBERS ALATORRE, SANTILLAN-BEAS, SOLACHE, CASTRO AND HERNANDEZ NOES: NONE ABSENT: NONE ABSTAIN: NONE STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, Maria Quinonez, 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. 2016.137 on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 5th day of July, 2016. Maria Quinonez, Cify Clerk