HomeMy Public PortalAbout2005-096 (06-21-05)RESOLUTION NO. ?005.096
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
2005-2006.
WHEREAS, the City Council of the City of Lynwood did on the 19th
day of April 2005, adopt its Resolution No. 2005-070 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 17th day of May, 2005
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 Sate of California) (the "Act"); and
WHEREAS, the City Council did on the 17th day of May, 2005, adopt
Resolution No.2005-081 approving the Engineer's Report herein mentioned; and
WHEREAS, the City Council did on the 17th day of May, 2005,
adopt Resolution No. 2005-082 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, DETERMINE, 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.2005-082, 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 2005-2006, 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, 2005 and ending on June 30, 2006 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 2005-2006
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 2005-2006.
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, 2005 and ending June 30,
2006.
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
2005-2006 shall be $1.62 and $3.01 per foot of front footage for residentially and
commercially zoned properties, respectively.
Section 14. 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.
adoption.
Section 15. This resolution shall take effect immediately upon its
June
RODRIGUEZ, Mayor ,,/'
City of Lynwood ~
ANDREA L. HOOPER,'City Clerk
City of Lynwood
APPROVED AS TO FORM:
I~1. ENRI~E ~ARTINE7/_./'
City MaT~ager
APPROVED AS TO CONTENT:
ity Attorney
ity of Lynwood
PAOL NGLJYEI~
Interim Director of Environmental
Services
City of Lynwood
day of
AYES:
NOES:
ABSENT:
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify
that the above and foregoing resolution was duly adopted by the City Council of
the City of Lynwood at a regular meeting held in the City Hall of said City on the
June 21st ,2005, and passed by the following vote:
COUNCILNEN BYRD, PEDROZA, SANTILLAN, VASQUEZ AND RODRIGUEZ
NONE
NONE
City Clerk, City of Lynwood
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City
Council of said City, do hereby certify that the above and forgoing is a full, true
and correct copy of Resolution No. ?005.096 on file in my office and that said
resolution was adopted on the date and by the vote therein stated.
Dated this ?l~t day of ~]une , 2005.
City Clerk, City of Lynwood