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HomeMy Public PortalAbout2006-013 (02-07-06)RESOLUTION NO 2006.01't A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE CITY MANAGER OR DESIGNEE TO GIVE NOTICE OF HEARING ON ADOPTION OF THE RESOLUTION OF NECESSITY, PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 1245.235, TO PROPERTY OWNERS LOCATED IN THE HAM PARK REPLACEMENT PROJECT AREA IN THE C[TY OF LYNWOOD, CALIFORNIA, BY MAIL OR PERSONAL SERVICE WHEREAS, the City of Lynwood is a public body, corporate and politic, established as a General Law City and is governed by an elected body of five council members; and - WHEREAS, the City Council of the City of Lynwood has previously approved the Environmental Impact Report and the Project relocating the original John FIam Memorial Park to the area identified as [he Ham Park Replacement Project Area; and WHEREAS, pursuant to California Code of Civil Procedure Section 1245.235, the governing body of the public entity may adopt a resolution of necessity only after the governing body has given each person whose property is to be acquired by eminent domain and whose name and address appears on the last equalized county assessment roll notice and a reasonable opportunity to be heard; and WHEREAS, pursuant to Califomia Code of Civil Procedure Section 1245.235(d), the governing body may satisfy the notice requirements provided in California Code of Civil Procedure Section 1245.23 through any other procedure that gives each person a reasonable ++ritten personal notice and reasonable opportunity to appear and be heard. NOW, THEREFORE, BE [T RESOLVED, that the City Council of the City of Lymvood hereby finds, orders and resoh~es as follows: Section 1. The City Council of the City of Lynwood hereby authorizes the City Manager or his designee to give notice of hearing on the proposed adoption of the Resolution of Necessity, pursuant to California Code of Civil Procedure Section 1245.235, to property owners located in the Ham Park Replacement Project Area in the City of Lynwood, California, by mail or personal service. Section 2. The notice of hearing on the proposed adoption of the Resolution of Necessity shall be given in writing and shall adhere to the procedures set forth in California Code of Civil Procedures Section 1245.235, and shall state at least the following: a. the intent of the governing body to adopt the resolution; and b. [he right of the person to appear and be heard on matters referred [o in California Code of Civil Procedure Section 1245.030; c. That failure to file a written request to appear and be heard within 1 ~ days after the notice as mailed will result in waiving the right to appear and be heard; d. A description of the property being considered for acquisition; and e. A copy of the legal description and parcel map of the property. Section 3. The notice of hearing on [he proposed adoption of the Resolution of Necessity shall be either served via first class mail, return receipt requested, or served by personal service rj on the subject property owner, and must contain a Proof of Service pursuant to Code of Civil l Procedure Section 1013. Should the notice be returned, then the notice shall be sent via first- class regular United States Mail to the property owner. Section 4. The Notice of hearing on the proposed adoption of the Resolution of Necessity must be served upon [he subject property owner no later than 15 calendar days before the date of the hearing on the proposed adoption of the Resolution of Necessity. Section 5. That this Resolution is to be given effect immediately upon adoption. . PASSED, APPROVED ANll ADOPTED this 7th day of February , 2006. ~~~~ eticia Vasquez, Ma :\TTEST: (~Yid~fl~~ ~ f/_/ Andrea Hooper, City Clerk APPROVED AS "TO FORM: . L=am Ido Beltran, City Attorney 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 regular meeting held in the City Hall of said City on the 7th day of February , 2006 and passed by the following vote: AYES: COUNCILMEN BYRD, JOHNSON, PEDROZA, SANTILLAN AND VASQUEZ NOES: NONE ABSTAIN: NONE ABSENT: NONE Andrea L. Hooper, City Jerk 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. 9nn6_nt3 in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 7th day of February , 2006. ~ / ~~~~~ Andrea L. Hooper, City Clerk