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HomeMy Public PortalAbout98-106 (07-07-98)... .. . • ~ . ~• ~. RESOLUTION NO. - 98 .-io6 • a " 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 1998'-99:" • ~ f , • { WHEREASS, the City Council of the City of Lynwood did on the 3rd day.`of • ` :. March 1998, adopt its Resolution No. 98-41~ proposing the levy of the annual assessments fox 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 6th day of.'May,1998, submit a report in " ,: 'relation to said.District pursuant to the provisions ofthe•"Landscaping and Lighting Act of 1972" ~ •~ " (Part=2 of Division 15 of the Streets and Highways Code of the, Sate of California) (the :Act");` - and ., - .. ~ " ~ , WHEREAS, the City Council did on the 6th day of May, 1998, adopt Resolution • ~No. 98-82 approving the Engineer's Report,herein mentioned; and ' WHEREAS, the City Council did on the 6th day of May, 1998, adopt Resolution No. 9$=83'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 bylaw. NOW, THEREFORE, the City.Councl of the City of Lynwood DOES HEREBY FIND, DETERMINE, ORDER AN.D RESOLVE as follows: - ~, - - - ~ "..Section 1. Each and all of the recitals set fourth herein above 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: 98-83, 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 1998-99, to pay for the costs and expenses• for the ` improvements described in Section 5 bel'owpursuant 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 acid collection of the proposed assessment for the fiscal year commencing on July 1, 1998 and'ending on June 30, 1999 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. '. . ofthe lands so benefited, and (iii) the net amount to be assessed upon the lands within the District for the 1998-9,.9 fiscal year in accordance with the Engineer's Report is. apportioned by a ~I : " 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 iri 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 public 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 raid 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 lawn. 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 fiscal year 1998-99. 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. 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 experses of any of the improvements. Section 10. 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 5 above. Section 11. The adoption of this Resolution constitutes the levy of an assessment for the-fiscal year.commencing July •1,,1998 and ending June 30; 1999. Section 12.. A certified copy of the.diagram and assessment shall be filed in the office, of the City engineer, with a duplicate copy of file in the office of the City Clerk and open for. public inspection. Section 13. The Lynwood Lighting Assessment for fiscal'year 1998-99 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 directedto 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. 1998. PASSED, APPROVED and ADOPTED this nth day of Ju i y ~-0 ARMANDO REA, Mayor City of Lynwood ATTEST: ~~ ANDREA L. HOOPER, City Clerk FAUS- N GO City of Lynwood City Manager APPROVED AS TO: FORM: ~ APPROVED AS TO CONTENT: - . City Attorney PH Y. N , P.E. City of Lynwood Director of Public Works/City Engineer City of Lynwood . c98-127