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Home My Public Portal About97-096 (07-01-97)RESOLUTION No. 97-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD MODIFYING THE ENGINEERS REPORT AND ORDERING THE LEVY OF ANNUAL ASSESSMENTS FOR THE EXISTING LyNWpOD LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT FOR FISCAL YEAR 1997-98. ' WHEREAS, the City Council of the City of Lynwood did on the 18th day of March,1997, adopt its Resolution No. 97-30 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 20th day of May, 1997, 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 20th day of May, 1997, adopt Resolution No. 97-65 approving the Engineer's Report herein mentioned; and WHEREAS, the City Council did on the 20th day of May, 1997, adopt Resolution No. 97-66 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. 97-66, 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 1997-98 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. At the public hearing, the Engineer presented to the City Clerk, and the City Clerk presented to the City Council, certain proposed modifications to the Engineer's Report. The modifications consist of the deletion of ' miscellaneous sidewalk, street, and flood control and drainage system improvements in the Civic Center, Dymally Park and Ham Park and a corresponding decrease in the total amount of the assessment and the assessment ag'ainst each parcel within the District. The City Council hereby orders the modifications to the Engineer's Report to be made, as presented by the Engineer at the public hearing and now on file in the office of the City Clerk, and the Engineer's Report is approved 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 1997-9g 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. All protests and objections to the levy and collection of the proposed assessment for the fiscal year commencing on July 1, 1997 and ending on June 30, 1998 are hereby overruled by the City Council. Section 5. The diagram and assessment in the modified Engineer's Report, as presented to the City Council and on file in the office of the City Clerk, are hereby confirmed as filed. Section 6. The City Council hereby orders the proposed improvements to be made as described in the Engineer's Report, as modified, which impro'vements 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 and landscaped areas within public rights-of-way and City-owned property in the City which have been paid or are to be paid from the proceeds of revenue bonds. 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 1997-98, 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 - as-ents collected by the County to the credended representing s shall be exp a special fund foovemenDssdescribed incSection 6 above. only for the imp Secti_ o~ The adoption of thisears~ommencingnstitutes the levy of an assessmenJuner30he199gca1 y July 1, 1997 and ending Secti~ A certified copy of the diagram and ' En ineer, assessment shall be filed in the office of the City on file in the office of the City Clerk and with a duplicate copy open for public inspection. Secti~4• The Lynwood Landscape Maintenance Assessment for fiscal year 1997-98 shall be $1.90 per foot of front footage for residentially and commercially zoned properties. thorized and directed tocf h file assessment with the County copy of this Resolution. City Clerk is hereby au ram and a certified copy of said diag Auditor, together with a certified Secti~ This resolution immediately upon its adoption. PASSED, APPROVED and ADOPTED 1997. ' ATTEST: ~71 ~ ,~~~~ ANDREA L. HOOPER, CitQy~' Y~~^ City of Lynwood APPROVED AS TO FORM: w~,~, ~ ~ ~ City Attorney City of Lynwood shall take effect this lst daY of Julv ~- PAUL H. RICHARDS II, Mayor City of Lynwood APPROVED AS TO CONTENT: / Q r ~~-- FAU N GON AL S City Manager ~/i1'r' IO M. MUR A Asst. City M nager Environmental Services/ Director of Public Works City of Lynwood c97-103 STATE OF CALIFORNIA j COiJNTy pF LOS ANGELES ) Ss. I, the undersigned, City Clerk of the City ap 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 1, 19g7, and passed by the following vote: AYES: COUNCILMEMBER BYRD, HENNING, REA, RICHARDS NOES: NONE ABSENT: NONE C1Y~ < ~f6 City Clerk, City of L nwood 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, g7_g6 _~ on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this lst day of ~~~~ , 1997. ~~~~~~ ~~ City Clerk, City of L wood C97-103