HomeMy Public PortalAbout2004-130 (08-03-04)RESOLUTION NO. 2004.130
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 2004-2005
WHEREAS, the City Council of the City of Lynwood did on the 6th day of
April, 2004, adopt its Resolution No.2004-53 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 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 day 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. 2004.120 approving the Amended Engineer's Report herein mentioned; and
WHEREAS, the City Council did on the 20th day of July, 2004, adopt Resolution
No. 2004.121 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. 2004-121, the Amended 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.
.Section 3. Based upon its review of the Amended 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. 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.
S~ection 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 XEy 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 improven~ents described in Section 5 above during 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 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 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 on file in the office of the City Clerk and open
for public inspection.
Section 13. The Lynwood Landscape Maintenance Assessment for fiscal year
2004-2005 shall be $1.90 l~er 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.
Section 15. This resolution shall take effect immediately upon its adoption.
PASSED, APPROVED and ADOPTED this 3rd day of
fuIs ByP, v, ayo7 /
City of Lynwood
,2004.
ATTEST:
ANDREA L. HOOPER, City Clerk
City of Lynwood
APPROVED AS TO FORM:
-Interim City Manager
APPROVED THIS CONTENT:
Attorney
of Lynwood
YADOLLAH FARHADI, P.E.
Director of Environmental Services/
City Engineer
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_ August 3rd ,2004, and
passed by the following vote:
AYES: COUNCILMEN PEDROZA, RODRIGUEZ, SANTILLAN, VASQUE7 AND BYRD
NOES: NONE
ABSENT: NONE
City Clerk, City of Lynwood
STATE OF CALIFORNIA )
)
COUNTY OF LOS ANGELES )
SS.
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. 2004.130 on file in my office and that said resolution was adopted on the date
and by the vote therein stated.
Dated this 3rd
day of August ., 2004.
City Clerk, City of Lynwood