HomeMy Public PortalAbout95-097 (07-05-95)RESOLUTION NO. 95 -97
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LYNWOOD OVERRULING PROTESTS AND ORDERING THE
LEVY OF ANNUAL ASSESSMENTS FOR THE EXISTING
LYNWOOD LIGHTING ASSESSMENT DISTRICT FOR FISCAL
YEAR 1995 -96.
WHEREAS, the City Council of the City of Lynwood did on
the 21st day of February, 1995, adopt its Resolution No. 95 -20
proposing the levy of the annual assessment 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, 1995, 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
State of California) (the "Act "); and
WHEREAS, the City Council did on the 2nd day of
May, 1995, adopt Resolution No. 95 -54 approving the Engineer's
Report herein mentioned; and
WHEREAS, the City Council did on the 6th day of
June, 1995, adopt Resolution No. 95 -82 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
hereinabove 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. 95 -82, 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 1995 -96 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, 1995 and
ending on June 30, 1996 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 1995 -96 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 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.
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 fiscal year 1995 -96.
Section 8. The County Auditor of Los Angeles County
shall enter on the County Assessment 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 assessment
pursuant to the Act to pay 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, 1995 and ending June 30, 1996.
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 1995 -96 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 5th day of July
1995.
I �q
LOUIS BYRD,Mayo
City of Lynwood
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ATTEST:
ANDR . HOOPER, Ci Clerk
City of Lynwood
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
WJut. B 2 d.,k
City Attorney FA I33 IN t
City of Lynwood City Manger
EMILIO . M R
Director of ubl'c Works
City of Lynwood
c25 -403d
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 5th
day of July 1995, and passed by the following
vote:
AYES: COUNCILMEMBER HEINE, HENNING, REA, RICHARDS, BYRD
NOES: NONE
ABSENT: NONE
QY` � Cit of L wood
City Cle y y
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 forgoing is a full, true and correct copy of
Resolution No. 95 -97 on file in my office and that said
resolution was adopted on the date and by the vote therein
stated.
Dated this 5th day of July _, 1995.
City Clerk, ity of L wood
C25 -403d