HomeMy Public PortalAbout2005-097 (06-21-05)RESOLUTION NO. ;)005.097
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 2005-2006.
WHEREAS, the City Council of the City of Lynwood did on the 19th
day of April, 2005, adopt its Resolution No.2005-069 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 7th day of June, 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 7th day of June, 2005, adopt
Resolution No. 2005-094 approving the Engineer's Report herein mentioned; and
WHEREAS, the City Council did on the 7th day of June, 2005, adopt
Resolution No. 2005-095 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. 2005-095, 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.
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. 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 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 if 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 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 t2. 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 t3. The Lynwood Landscape Maintenance Assessment
for fiscal year 2005-2006 shall be $1.90 per foot of front footage for residentially
and commercially zoned properties.
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
PASSED, APPROVED and ADOPTED this 21stday of
,2005.
~_~/RAMON 'R'ODRIGU~ayor-'~
City of Lynwood ~ ~
ATTEST:
ANDREA L. HOOPER, City Clerk
City of Lynwood
N. I~NRI,(~E I~IARTINEZ__)
City Madager
APPROVED AS TO FORM:
APPROVED THIS CONTENT:
ICity Attorney
\City of Lynwood
Interim Director of Environmental
Services
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
) SS.
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
day of June 21st
AYES: COUNCZL#EN BYRD,
NOES: NONE
ABSENT: NONE
regular meeting held in the City Hall of said City on the
,2005, and passed by the following vote:
PEDROZA, SANTI*LLAN, VASQUEZ AND RODRTGUEZ
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. 2005.097 on file in my office and that said
resolution was adopted on the date and by the vote therein stated.
Dated this 21st day of June ,2005.
City Clerk, City of Lynwood