HomeMy Public PortalAbout2004-129 (08-03-04)RESOLUTION NO. 2004.1~9
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 2004-2005
WHEREAS, the City Council of the City of Lynwood did on the 6th day of April
2004, adopt its Resolution No. 2004-052 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 18th day of May, 2004 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 Engineer did on the 20th of July, 2004, submit an amended
report in relation to said District; and
WHEREAS, the City Council did on the 20th day of July, 2004, adopt Resolution
No.2004.122 approving the Amended Engineer's Report herein mentioned; and
WHEREAS, the City Council did on the 20th day of July, 2004, adopt Resolution
No. 2004.123 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 fourth 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.2004.123, 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 2004-2005, 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, 2004 and ending on June 30, 2005 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 2004-2005 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 fiscal year 2004-2005.
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 ot~a publ-~c 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 moneys representing
assessments collected by the County to the credit of a special fund for the District and such
moneys 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, 2004 and ending June 30, 2005.
Section 12. A certified copy of the diagram and assessment shall be filed in the
office of the City engineer, with a duplicate copy of file in the office of the City Clerk and open
for public inspection.
Section 13. The Lynwood Lighting Assessment for fiscal year 2004-2005 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.
Section 15. This resolution shall take effect immediately upon its adoption.
PASSED, APPROVED and ADOPTED this ~ day of ~injJ~L~, 2004.
~yp~Mayor
City of Lynwood
ATTEST:
ANDREA L. HOOPER, City Clerk
City of Lynwood
APPROVED AS TO FORM:
APPROVED AS TO CONTENT:
Ci[y Attorney
Ci[y of Lynwood
YADOLLAH FARHADI, P.E.
Director of Enviromental Services/
City Engineer
City of Lynwood
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 day of Au§ust 3rd ,2004, and
passed by the following vote:
COUNCILMEN PEDROZA, RODRIGUEZ, SANTILLAN, VASQUEZ AND BYRD
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, tree and correct copy of
Resolution No. 2004 o 179 on file in my office and that said resolution was adopted on the date
and by the vote therein stated.
Datedthis ltd dayof August ,2004.
City Clerk, City of Lynwood