HomeMy Public PortalAbout2009.090 (06-02-09)RESOLUTION NO. 2009.090
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 2009-2010
WHEREAS, the City Council of the City of Lynwood on the 20'h day of January
2009, adopted Resolution No. 2009-008 proposing the levy of the annual assessments
for the Lynwood Lighting Assessment District (the "DistricY') and directing the City
Engineer to prepare a report in connection therewith; and
WHEREAS, the City Engineer did on the 6th day of May, 2009 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 Sate of
California) (the "AcY'); and
WHEREAS, the City Council did on the 6~h day of May, 2009, adopt Resolution
No.2009-080 approving the Engineer's Report herein mentioned; and
WHEREAS, the City Council did on the 6~h day of May, 2009, adopt Resolution
No. 2009-081 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, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS:
Section 1. Each and all of the recitals set forth above are true and correct, and
hereby incorporated and through set out in full here at.
Section 2. Following notice duly given, the City Council has held a full and fair
public hearing regarding its Resolution No. 2009-081, 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 2009-2010, to pay for the costs
and expenses for the improvements described in Section 5 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. All protests and objections to
the levy and collection of the proposed assessment for the fiscal year commencing on
July 1, 2009 and ending on June 30, 2010 are hereby overruled by the City Council.
Section 3. Based upon its review of the Engineer's Report 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 5 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 2009-2010 fiscal year in accordance with the
Engineer's Report 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 4. The diagram and assessment in the 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 5. The City Council hereby orders the proposed improvements to be
made as described in the Engineer's Report, 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. Such improvements constitute
the maintenance and operation of sidewalks, and streets, specifically, the maintenance
and operation of existing and previously proposed public lighting facilities located in and
along sidewalks and streets, including street lights and traffic signals, and facilities
which appurtenant thereto or which are necessary or convenient for the maintenance or
operation thereof, including the cost of rent, repair, replacement, rehabilitation, fuel,
power, electrical current, care and supervision necessary to properly operate and
maintain pubiic lighting facilities and traffic signals located in and along public streets
within the city; and the installation and construction of previously proposed public
lighting facilities, and facilities which appurtenant thereto or which are necessary or
convenient for the maintenance or operation thereof, which have been paid or are to be
paid from the proceeds of revenue bonds.
Section 6. 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 7. The assessment is levied for the purpose of paying the costs and
expenses of the improvements described in Section 5 above for the fiscal year 2009-
2010.
Section 8. The County Auditor of Los Angeles County shall enter on the County
Assessments 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.
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Section 9. 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 assessments pursuant to the Act for any of the costs and expenses of any of
the improvements.
Section 10. The City Treasurer shall deposit all monies representing
assessments collected by the County to the credit of a special fund for the District and
such monies shall be expended only for the improvements described in Section 5
above.
Section 11. The adoption of this Resolution constitutes the levy of an
assessment for the fiscal year commencing July 1, 2009 and ending June 30, 2010.
Section 12. 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 13. The Lynwood Lighting Assessment for fiscal year 2009-2010 shall
be $1.62 and $3.01 per foot of front footage for residentially and commercially zoned
properties, respectively.
Section 14. 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.
Section 15. This Resolution shall take effect immediately upon its adoption.
Section 16. The City Clerk shall certify as to the adoption of this Resolution.
PASSED, APPROVED and ADOPTED this 2"d day of June, 2009.
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Maria T. Santillan, Mayor
ATTEST:
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Maria Quin6nez, City Clerk
Roger L. Haley, City Manager
APPROVED AS TO FORM
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Fred Galante, City Attorney
APPROVED AS TO CONTENT:
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G. Daniel Ojeda, P. .
Director of Public Works / City Engineer
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the
foregoing Resolution was passed and adopted by the City Council of the City of
Lynwood at a regular meeting heid on the 2"d day of June, 2009.
AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO,
AND SANTILLAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Maria Quinonez, C`ity Clerk
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
I, the undersigned City Clerk of the City of Lynwood, and the Clerk of the City
Council of said City, do hereby certify that the above foregoing is a full, true and correct
copy of Resoiution No. 2009.090 on file in my office and that said Resolution was
adopted on the date and by the vote therein stated. Dated this 2"d day of June, 2009.
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Maria Quinonez, Cit Clerk ~%~~
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