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HomeMy Public PortalAbout96-164 (10-28-96)RESOLUTION NO. 96 -16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING RESOLUTION NO. 96 -119 AND MODIFYING THE ENGINEER'S REPORT FOR FISCAL YEAR 1996 -97 IN CONNECTION WITH THE LYNWOOD LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT THE CITY COUNCIL OF THE CITY OF LYNWOOD HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: Section 1 . Pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (the "Act "), the City Council of the City of Lynwood, by previous Resolutions, initiated proceedings and declared its intention to levy and collect assessments against lots and parcels of land within an existing assessment district designated as the "Lynwood Landscape Maintenance Assessment District" (the "District ") for the fiscal year commencing July 1, 1996 and ending June 30, 1997. The City Council, by previous Resolutions, ordered the City Engineer to prepare and file a written report in accordance with Article 4 of Chapter 1 of the Act and approved such Engineer's Report. Section 2 . Following notice duly given in accordance with law, the City Council held a full and fair public hearing regarding the Engineer's Report and the levy and collection of the proposed assessments against lots and parcels of land within the District for fiscal year 1996 -97 to pay for the costs and expenses of the improvements described in the Engineer's Report. All interested persons were afforded the opportunity to hear and be heard regarding the levy and collection of the proposed assessments against lots and parcels of land within the District. The City Council considered all oral and written statements, protests and communications made or filed 1 protests and objections, ordered the improvements o be made overruled all oral and written ordered the levy of assessments for fiscal year 1996 -97. Section 3 . The City Council, by its Resolution No. 96 -119, directed the City Engineer to make certain modifications to the Engineer's Report. At this meeting, the City Engineer has presented to the City Clerk, and the City Clerk has presented to the City Council, certain proposed modifications to the Engineer's Report. Such modifications are on file in the office of the City Clerk and open to inspection. The modifications include the modifications directed by the City Council, as well as additional modifications which were made for the purpose of clarifying those improvements which represent maintenance and operation expenses for sidewalks, streets, and water, flood control and drainage systems, and those improvements which have been paid or are to be paid from the proceeds of revenue bonds. The modifications do not eliminate or change any of the improvements or change the benefits to be received from the improvements by any lot or parcel within the District. Section 4 . The City Council hereby amends Section 6 of Resolution No. 96 -119 to read as follow: " Section 5 . The City Council hereby orders the proposed improvements ' described in the Engineer's Report 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 property 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 appurtenant to water well sites; and the installation of previously proposed landscaping and appurtenant facilities within parks n he h City which have been paid public property or are to be paid from the proceeds of n revenue bonds." Section 5 . The City Council hereby orders the modifications to the Engineer's Report to be made, as presented by the City Engineer at this meeting and now on file in the office of the City Clerk, and the Engineer's Report is approved as so modified. Section 6 . Based upon its review of the Engineer's Report, as modified, and other information presented to the City Council, the City Council hereby reconfirms its findings and declarations set forth in Resolution No. 96 -119: (i) that the land within the District will be benefitted by the improvements described in the Engineer's Report, (iii) ) (ii) that the District includes all of the land so benefitted, and ( that the net amount to be assessed upon the land within the District for the 1996 -97 fiscal year in accordance with the Engineer's Report is apportioned by a method and formula which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements. PASSED, APPROVED and ADOPTED this 2 ber, 1996. PAUL H. RICHARDS, II, Mayor City of Lynwood ATTEST: ANDREA L. HOOPER, City Clerk City of Lynwood APPROVED AS TO FORM: WILLIAM B. RUDELL, City Attorney City of Lynwood APPROVED AS TO CONTENT: F TIN ES, Manager City of Lynwood EMILIO M. Director of Public City h:\wordfiie\pw-engr\files\council\1672704.doc STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. 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 October 28. , 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 COUNTY OF LOS ANGELES ss. 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 -164 on file in my office and that said resolution was adopted on the date and by the vote therein stated. I Dated this 28th day of October , 1996. City Clerk, City of Ly c -rback