HomeMy Public PortalAbout98-107 (07-07-98)RESOLUTION NO. 98 - i o`~
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 1998-99.
WHEREAS, the.City Council of the City of Lynwood did on the 6th' day of
~~ March , 1998, adopt its Resolution No. 98-42 proposing the levy of the annual assessments 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 6th day of May, 1998, 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 :"Act");
and
WHEREAS, the City Council did on the 6th day of May, 1998, adopt'Resolution
No. 98-80 approving the Engineer's Report herein mentioned;, and
WHEREAS, the City Council did on the 6th day of May; 1998, adopt Resolution
No. 98-81' 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 fourth 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. 98-81, 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 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. 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 1998-99 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. All protests and objections to the levy and 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 4. The diagram and assessment in the Engineer's Report, as modified, 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, 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. 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 previously proposed 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 if 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 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 expenses 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, 1009.
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 Landscape Maintenance Assessment for fiscal year
1998-99 shall be $1.90 per foot of front footage for residentially and commercially zoned
properties.
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.
PASSED, APPROVED and ADOPTED this nth day of
Ju 1 y , 1998.
~r
l ~ ~ ARMANDO REA, Mayor
City of Lynwood
ATTEST:
ANDREA L. HOOPER, Crty Clerk FAUSTI G AL"`E
City of Lynwood City Manager
APPROVED AS TO FORM: APPROVED THIS CONTENT:
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City Attorney PH Y. AN , P.E.
City of Lynwood Director of Public Works/
City Engineer
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c98-126
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 Juts.. 7th , 1998, and
passed by the following vote:
AYES: Council Members byrd,b Sanchez, Reyes,Rea
NOES: None ~ - ..
ABSENT: Councilman Richards
City Clerk, City of Lynwood
STATE OF CALIFORNIA )
ss.
COUNTY OF LOS ANGELES )
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. Qa=i c~ on file in my office and that said resolution was adopted on the date
and by the vote therein stated.
Dated this nth day of ~,~~ , 1998.
~S =-
City Clerk, City of Lynwood
,~
I
c98-126