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HomeMy Public PortalAbout2005-098 (06-21-05)RESOLUTION NO. 2005.098 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DECLARING ITS INTENTION TO LEVY A CHARGE (ASSESSMENT) AGAINST BUSINESS ENTERPRISES IN THE LYNWOOD PARKING AND BUSINESS IMPROVEMENT AREA FOR FISCAL YEAR 2005-2006 WHEREAS, the City of Lynwood ("City") is a general law city organized and existing under the laws of the State of California; and WHEREAS, pursuant to the Parking and Business Improvement Area Law of 1979, former Part 6 (commencing with Section 36500) of Division..18 of the California Streets and Highways Code, the City Council adopted Ordinance No. 1262 establishing a parking and business improvement area; and WHEREAS, the Parking and Business Improvement Area Law of 1979 was repealed and replaced with the Parking and Business Improvement Area Law of 1989 (California Streets and Highways Code, Section 36500, et. seg.) (the "Law"), which provides that every improvement area established prior to January 1, 1990, in accordance with the Parking and Business Improvement Area Law of 1979 is valid and effective and is unaffected by the repeal of that law; and WHEREAS, the City's parking and business improvement area includes all of the territory within the exterior boundaries of the City, as the same existed on the date of the adoption of Ordinance No 1262; and WHEREAS, the Law requires that the City Council appoint an advisory board for the City's parking and business improvement area and annually undertake proceedings to levy a charge (assessment) against every business enterprise located therein; and WHEREAS, by a previous resolution, the City Council established an Advisory Board for the City's parking and business improvement area and directed the Advisory Board to prepare a report for fiscal year 2005-2006, and modified that report before directing that it be filed with the City Clerk; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL AS FOLLOWS: Section 1. Through the passage of a resolution on May 17, 2005 the City Council has declared its intention, in addition to any assessments, fees, and charges or taxes imposed by the City, to levy and collect a charge (assessment) in an amount equal to 50% of the business license tax payable by every business enterprise during fiscal year 2005-2006. This charge (assessment) is levied and collected in fiscal year 2004-2005. The charge is due and payable at the same time and in the same manner that the business license tax is paid and is subject to the same penalties and interest for non-payment. Section2. The proposed uses of the revenues derived from (assessments) levied against business enterprises in the Parking and Improvement District in the amount of $272,500 be allocated as follows: charges Business Funding in the amount of $52,750 to provide for such programs as ½ of the cost to fund the Lynwood Chamber of Commerce The balance of funding in the amount of $219,750 is allocated for such programs as those identified by the Task Force to Eradicate Gangs and the SherifFs Business District improvement activities. Section 3. The boundaries of the Lynwood parking and business improvement area include all of the territory within the exterior boundaries of the City. Section 4. The Advisory Board report for fiscal year 2004-2005 is on file with the City Clerk and available for public inspection. Reference is made to that report for a description of the activities to be provided for fiscal year 2005-2006. .Section 5. A Public Hearing concerning levying a charge (assessment) against all business enterprises in the parking and business improvement area for the 2005- 2006 fiscal year was held on June 21, 2005 at 6:00 p.m., at the City Council's regular meeting held in the City Council Chambers at 11330 Bullis Road, Lynwood. At the Public Hearing the City Council was prepared to hear and consider all protests and receive evidence, including written protests, for and against levying a charge against business enterprises in the parking and business improvement area during the 2005- 2006 fiscal year. PASSED, APPROVED and ADOPTE~y of Jurl'~5. k.~ Ramon R~.dfi'guez, Maye. r.-'''"¢~ ( ATTEST: Andrea Hooper, City Clerk APPROVED AS TO FORM: rnoldo Beltran, City Attorney _,~~D AS TO CONTENT: ~' N E~nr, r,r~e ~a'rtihez~ Manager ~tor of Recreation unity Services STATE OF CALIFORNIA } } COUNTY OF LOS ANGELES } AYES: NOES: NONE ABSENT: NONE ABSTAIN: NONE 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 at City Hall on the 21st day.of June 2005, and passed by the following votes: COUNCILMEN BYRD, PEDROZA, SANTILLAN, VASQUEZ ANO ROI)RIGUEZ STATE OF CALIFORNIA } } COUNTY OF LOS ANGELES } Andrea L. Hooper, City Clerk 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 foregoing is a full, true and correct copy of Resolution No. 2~005.098 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 Andrea L. Hooper, City Clerk