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Home My Public Portal About96-118 (07-16-96)RESOLUTION NO. 96 -118 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 1996 -97 WHEREAS, the City Council of the City of Lynwood did on the 20th day of February, 1996, adopt its Resolution No. 96 -23 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 21st day of May, 1996, 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 21st day of May, 1996, adopt Resolution No. 96 -72 approving the Engineer's Report herein mentioned; and WHEREAS, the City Council did on the 21st day of May, 1996, adopt Resolution No. 96 -73 fixing the time and place for a hearing on the matter of said District; and WHEREAS, evidence has been received as to the mailing and 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 meeting and public hearing regarding its Resolution No. 96 -73, 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 1996 -97 to pay for the costs and expenses for the improvements described in Section 6 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. The City Council hereby orders changes to the Engineer's Report to reduce the estimate of the costs for the maintenance and servicing of the public lighting and appurtenant facilities within the district by $266,559 and to decrease the assessment of the estimated cost of the improvements for fiscal year 1996 -97 in accordance therewith. The Engineer is hereby directed to file the Engineer's Report, as modified in accordance with the foregoing, with the City Clerk. The City council hereby approves the Engineer's Report as so modified. ' Section 4. Based upon its review of the Engineer's Report, as modified, 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 6 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 1996 -97 fiscal year in accordance with the Engineer's Report, as modified, 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 5. The diagram and assessment, set forth in the Engineer's Report, as modified, are hereby confirmed as filed. Section 6. The City Council hereby orders the proposed improvements to be made, 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 7. 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 8. The assessment is levied for the purpose of paying the costs and expenses of the improvements described in Section 6 above for fiscal year 1996 -97. Section 9. 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 10. 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 11. 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 6 above. Section 12. The adoption of this Resolution constitutes the levy of an assessment for the fiscal year commencing July 1, 1996 and ending June 30, 1997. Section 13. 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 14. The Lynwood Lighting Assessment for fiscal year 1996 -97 shall be $1.62 and $3.01 per foot of front footage for residentially and commercially zoned properties, respectively. Section 15. 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. fl u Section 16. This resolution shall take effect immediately upon its adoption. 1996. PASSED, APPROVED and ADOPTED this 16th o Jul PAUL H. RICHARDS II, Mayor City of Lynwood ATTEST: i ANDREA L. HOOPER, Cit Clerk City of Lynwood APPROVED AS TO FORM: �i " B Zlu City Attorney City of Lynwood APPROVED AS TO CONTENT: FAUSTI G City — anager EMILIO M. MU GA Director of Pu is Works City of Lynwood 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 July 16, 1996, and passed by the following vote: AYES: COUNCILMEMBER BYRD, HEINE, HENNING, REA, RICHARDS NOES: NONE ABSENT: NONE City Clerk, City of Lynwood 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. 96 -118 on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this 16th day of July , 1996. (� 'A 1 City Clerk, City of Lynwood C25 -403g