HomeMy Public PortalAbout2008.097 (06-17-08)RESOLUTION NO. 2008.097
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 2008-2009
~ WHEREAS, the City Council of the City of Lynwood did on the 18t" day of
March, 2008, adopt its Resolution No. 2008-037 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 20t" day of May, 2008, 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 20t" day of May, 2008, adopt
Resolution No. 2008-087 approving the. Engineer's Report herein meritioned; and
WHEREAS, the City Council did on the 20t" day of May, 2008, adopt
Resolution No. 2008-088 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 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 Resolutior7 No. 2008-088, 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
2008-2009 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 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 2008-2009
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 iri 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,
2008 and ending on June 30, 2009 are hereby overruled by the City Council.
Section 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 City 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 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 during fiscal
year 2008-2009.
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 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, 2008 and ending June 30,
2009.
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 2008-2009 shall be $1.90 per 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.
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Section 15. This resolution shall take effect immediately upon its
adoption.
Section 16. The City Clerk shall certify as to the adoption of this
Resolution.
PASSED, APPROVED and ADOPTED this 17t" day of June, 2008.
Muria T. Santillan
4 Mayor
ATTEST:
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Maria Quinonez ~ Roger L. Hal
City Clerk City Manager
APPR VE AS TO FORM:
r
Fred Galante
City Attorney
APPROVED AS TO CONTENT:
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G. Daniel Ojeda, P.E.
Director of Public Works /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 foregoing Resolution was passed and adopted by the City Council of the City
' of Lynwood at a regular meeting held on the 17t" day of June, 2008.
AYES: COUNCIL MEMBERS, CASTRO, FLORES, MORTON,
RODRIGUEZ, AND SANTILLAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Maria Quinonez, City Clerk '
STATE OF CALIFORNIA )
SS.
COUNTY OF LOS ANGELES )
I, the undersigned City Clerk of the City of Lynwood, and the Clerk of the
City Council of said City, do hereby certify that the above foregoing is a full, true
and correct copy of Resolution No. 2008.097 on file in my office and that said
Resolution was adopted on the date and by the vote therein stated:--Dated this
17t" day of June, 2008
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Maria Quinonez, City Clerk