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HomeMy Public PortalAbout2004-112 (07-06-04)RESOLUTION NO. 2004.]]2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE LEVY OF A CHARGE (ASSESSMENT) AGAINST BUSINESS ENTERPRISES IN THE PARKING AND BUSINESS IMPROVEMENT AREA FOR THE FISCAL YEAR 2004/2005 WHEREAS, the City of Lynwood ("City") is a General Law city organized and existing under the laws of the State of Califomia; and WHEREAS, pursuant to the Parking & 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a parking and business imProvement area; and WHEREAS, the Parking and Business Improvement Area Law of 1979 was repealed and replaced with the Parking & Business Improvement Area Law of 1989 (California Streets and Highways Code Sections 36500, et seg.) (the "Law"), which provides that every improvement area established prior to January 1, 1990, in accordance with the Parking & 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 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 2004-2005, 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 4, 2004 the City Council has declared its intention, in addition to any assessments, fees, 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 2004-2005. This charge (assessment) is levied and collected in fiscal year 2003-2004. 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. Section 2. The proposed uses of the revenues derived from charges (assessment) levied against business enterprises in the parking and business improvement district are for the following activities: The decoration of public places in the area. The promotion of public events that are to take place in the area. The furnishing of music in public places in the area. The general promotion of business activities in the area. Section 3. The boundaries of the Lynwood Parking & Business Improvement Area includes 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 description of the activities to be provided for fiscal year 2004-2005. Section 5. A Public Hearing concerning levying a charge (assessment) against all business enterprises in the parking and business improvement area of the 2004-2005 fiscal year was held on Tuesday, July 6, 2004 at 6:00 p.m., at the City Council's regular meeting 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 2004-2005 fiscal year. PASSED, APPROVED and ADOPTED this 6th day of July 2004. Louis Byrd, Mayo~ ATTEST: Andrea L. Hooper, City Clerk APPROVED AS TO FORM: ICity Attorney APPROVED AS TO CONTENT: Hempe~.G r~unity ~ ~'y~M ~n~g er ,-tor of Recreation & vices 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 6th day of July 2004, and passed by the following vote: AYES: COUNCILMEN PEDROZA, RODIRGUEZ, SANTILLAN, VASQUEZ AND BYRD NOES: NONE ABSENT: NONE ABSTAIN: NONE Andrea L. Hooper, City C~er~ 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 foregoing is a full, true and correct copy of Resolution No. 2004.112 on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this 6th day of July 2004. City Clerk, City