HomeMy Public PortalAbout96-119 (07-16-96)RESOLUTION NO. 96 -119
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 1996 -97
the 20th day R Of SL y nw ood
February, 1996, adopt its Resolution No. 96-24on
proposing the levy of the annual assessment 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 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 -74 approving the Engineer's
Report herein mentioned; and
WHEREAS, the City Council did on the 21st day of
May, 1996, adopt Resolution No. 96 -75 fixing the time and place
for a hearing on the matter of said District; and
WHEREAS, evidence has been received as to the giving 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 -75, 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 landscaping and appurtenant
facilities within the District by $311,322 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, 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.
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 Landscape Maintenance
Assessment for fiscal year 1996 -97 shall be $1.97 per foot of
front footage for residentially and commercially zoned
properties.
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.
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Section 16. This resolution shall take effect
immediately upon its adoption.
J
1996.
ATTEST:
PASSED, APPROVED and ADOPTED
0
ANDREA L. HOOPER, City'Clerk
City of Lynwood
APPROVED AS TO FORM:
u:.. D,
City Attorney
City of Lynwood
x ay RICHARDS II, Mayor
City of Lynwood
APPROVED AS TO CONTENT:
FAU N GO Z
City Manage
ILIO M. bR UR R A
Director of Pu is Works
City of Lynwo d
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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
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
City Clerk, City of Lynwood
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 -119 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.
0 City Clerk, City
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