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