HomeMy Public PortalAbout2006-133 (08-01-06)RESOLUTION NO. 2006.133
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 2006-
2007
WHEREAS, the City Council of the City of Lynwood on the 4th day of April
~„_ 2006, adopted Resolution No. 2006-055 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 2nd day of May, 2006 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 Council did on the 2nd day of May, 2006, adopt
Resolution No.2006-076 approving the Engineer's Report herein mentioned; and
WHEREAS, the City Council did on the 2nd day of May, 2006, adopt
Resolution No. 2006-077 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,
proclaim, order and resolve as follows:
Section 1. Each and all of the recitals set forth above are true and correct,
and hereby incorporated and through set out in full here at.
Section 2. Following notice duly given, the City Council has held a full and
fair public hearing regarding its Resolution No. 2006-077, 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 2006-2007,
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, 2006 and ending on June 30, 2007 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 2006-2007 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 for the fiscal year
2006-2007.
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
pertormance 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 monies representing
assessments collected by the County to the credit of a special fund for the District and
such monies 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, 2006 and ending June 30, 2007.
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 Lighting Assessment for fiscal year 2006-2007
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 15~ day of August, 2006.