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HomeMy Public PortalAbout95-111 (08-01-95)CITY OF LYNWOOD LOS ANGELES COUNTY, CALIFORNIA RESOLUTION NO. 95 -1 11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD LEVYING A CHARGE (ASSESSMENT) UPON BUSINESS ENTERPRISES IN THE LYNWOOD PARKING AND BUSINESS IMPROVEMENT AREA FOR FISCAL YEAR 1995 -96 WHEREAS, the City of Lynwood ( "City ") is a general law city organized and existing under the laws of the State of California; and WHEREAS, pursuant to the Parking and Business Improvement Area Law of 1979, former Part 6 (commencing with Section 36500) of Division 18 of the California Streets and Highways Code, the City Council adopted Ordinance No. 1262 establishing a parking and business improvement area; and WHEREAS, the Parking and Business Improvement Area Law of 1979 was repealed and replaced with the Parking and Business Improvement Area Law of 1989 (California Streets and Highways Code Sections 36500, et sec .) (the "Law "), which provides that every improvement area established prior to January 1, 1990, in accordance with the Parking and Business Improvement Area Law of 1979 is valid and effective and is unaffected by the repeal of that law; and WHEREAS, the City's parking and business improvement area includes all of the territory within the exterior boundaries of the City, as the same existed on the date of adoption of Ordinance No. 1262; and WHEREAS, the Law requires that the City Council appoint an advisory board for the City's parking and business improvement area and annually undertake proceedings to levy a charge (assessment) against every business enterprise located therein; WHEREAS, by a previous resolution, the City Council established an Advisory Board for the City's parking and business improvement area and directed the Advisory Board to prepare a report for fiscal year 1995 -96, and modified that report before directing that it be filed with the City Clerk; and WHEREAS, the City Council adopted its Resolution of Intention, Resolution No. 95 -108, declaring the intention of the City Council to levy and collect a charge (assessment) in an amount equal to 50% of the business license tax payable by every business enterprise during fiscal year 1995 -1996; FOLLOWS: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL AS Section 1. Following notice duly given pursuant to law, the City Council has held a public hearing regarding the levy and collection of a charge (assessment), described in the ' Recitals hereof, within the Lynwood Parking and Business Improvement Area for the 1995 -96 fiscal year. All interested persons were afforded the opportunity to hear and to be heard regarding protests and objections to the levy and collection of the charge for fiscal year 1995 -96. The City Council finds that there was no majority protest within the meaning of the Law. All protests and objections to the levy and collection of the charge, and any and all other protests and objections, are overruled by the City Council. Section 2. The adoption of this Resolution constitutes the levy of the charge (assessment) described in the Recitals hereof for the 1995 -96 fiscal year. The charge is due and 950719 10512 -00001 ay, 0592151 0 payable and must be paid at the same time and in the same manner that the business license tax is paid and is subject to the same penalties and interest for nonpayment. This Resolution and the requirements established herein are applicable to any business enterprise in existence as of the date of this Resolution and to any business enterprise hereafter established in the City of Lynwood. Section 3. The City Council determines that the proposed uses of the revenues derived from charges (assessments) levied against business enterprises in the Lynwood Parking and Business Improvement Area are for the following activities: (a) The decoration of public places in the area. (b) The promotion of public events that are to take place in the area. (c) The furnishing of music in public places in the area. (d) The general promotion of business activities in the area. Section 4. The City Clerk is directed to certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 1St day of August 1995. ATTEST: �L UIS BYRD, MAYOR ANDREA L. HOOPER, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY APPROVED AS TO CONTENT: FAUST ,144 GONZ S, C MANAGER 950719 10512 -00001 syc 0592151 0 — 2 — 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 day of August 1, , 1995, and passed by the following vote: AYES: COUNCILMEMBER HENNING, REA, RICHARDS, HEINE NOES: NONE ABSENT: COUNCILMEMBER BYRD City Clerk, City of Lynw od 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 -111 on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this 1st day of August , 1995. ' City Clerk, City of Lynwood c -rbeck