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HomeMy Public PortalAbout98-115 (07-20-98)CITY OF LYNWOOD LOS ANGELES COUNTY, CALIFORNIA ,+ RESOLUTION NO. vs-a as A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DECLARING ITS INTENTION TO LEVY A CHARGE (ASSESSMENT) AGAINST BUSINESS ENTERPRISES IN THE LYNWOOD PARKING AND BUSINESS IMPROVEMENT AREA FOR FISCAL YEAR 1998-99 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING TO CONSIDER:SUCH A CHARGE WHEREAS, the City of Lynwood ("City") is a general law city organized and existing under the laws of the State of California; and WHEREAS, pursuant to the Parking and Business Improvement Area Law of 1979, former Part 6 (commencing with Section 36500) of Division 18 of the California Streets and Highways Code, the City Council adopted Ordinance No. 1262 establishing a parking and business improvement area; and WHEREAS, the Parking and Business Improvement Area Law of 1979 was repealed and replaced with the Parking and Business Improvement Area Law of 1989 (California Streets and Highways Code Sections 36500, et seg.) (the "Law"), which provides that every improvement area established prior to January 1, 1990, in accordance with the Parking and Business Improvement Area Law of 1979 is valid and effective and ~~ is unaffected by the repeal of that law; and WHEREAS, the Law requires that the City Council appoint an advisory board for the City's parking and business improvement area and annually undertake proceedings to levy a charge (assessment) against every business enterprise located therein; and WHEREAS, by a previous resolution,'the City Council established an Advisory Board for the City's parking and business improvement area and directed the Advisory Board to prepare a report for fiscal year 1998/99, and modified that report before directing that it be filed with the City Clerk; -NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL AS FOLLOWS: Section 1: The City Council declares its intention, in addition to any assessments, fees, charges or taxes imposed by the City, to levy and collect a charge (assessment) in an amount equal to 50% of the business license tax payable by every business enterprise during fiscal year 1998/99. This charge (assessment) is not proposed to increase from the charge (assessment) levied and collected in fiscal year 1997/98. The charge is due and payable at'the same time and in the same manner that the business license tax is paid and is subject to the same penalties and interest for nonpayment. . Section 2. The proposed uses of the revenues derived from charges (assessment) levied against business enterprises in the parking and business improvement district are for the following activities: (a) The decoration of public places in the area. (b) The promotion of public events that are to take place in the area. (c) The furnishing of music in public places in the area. (d) The general promotion of business activities in the area. f: ` Section 3. The boundaries of the Lynwood parking and business improvement area include all of the territory within the exterior boundaries of the City; .. Section 4. The Advisory Board report for fiscal year 1998-99 is on file with the.City Clerk and~available for public:-inspection:' Reference is.made to Ghat-report • for a description of the activities to be provided for fiscal year 1.998-99:., ~ ` Section 5. A public hearing concerning levying a charge (assessment) ~ . ., ~ ~~aganst all business enterprises in the parking and business improvement area for the ~- ~ 1998-99 fiscal year will be' held on Tues_ day, August 18, 1998, at 7:30 p.rn.; or as soon - thereafter as the matter can be heard, at the City Council's regular meeting to be held in the City Council Chambers at 11330 Bullis Road; Lynwood. Writtenand oral protests - may be made at that public hearing. At the public hearing, the City Council will hear and consider all protests and receive evidence; including written protests, for~and against levying a charge against business enterprises in the parking.and business improvement area during the 1998-99 fiscal year. Written protests must be filed with the City Clerk at or before the time fixed for the public hearing.: Mailed protests must be received in the office of the City Clerk; 11330 Bullis. Road; Lynwood;' California 90262-:prior to 6:00 ' p:m. on August l 8, 199$: A written protest may be withdrawn in writing at any time ~, -- . before the conclusion of the. public hearing. Each written protest shall contain a ~. description of the.business.enficrprise in which the person submitting the protest is interested sufficient to identify ahe business enterprise and, if that person is not shown on ' the;official records of the City as the owner of-the business. enterprise, the protest must . - - contain or be accompanied by written evidence, that the person signing the protest is the. ,owner of the business. Any protest pertaining to the regularity or sufficiency of the 4' proceedings must be in writing and must set forth the irregularity of defect to which the ' ....objection is made. r... ' Section 6. The City Clerk is directed to certify to the adoption of this i` w Resolution and to give notice of the public hearing in accordance with the law. . " ~ ~ PASSED, APPROVED. AND:ADOPTED this duty 2day~of 1998. ' . j ,. . .. ARMANDO REA, MAYOR. ` .ATTEST:.. °-,ANDREA L. HOOPER, CITY CLERK APPROVED AS TO FORM: - APPROVED AS TOrCONTENT: ~. -. y ~~ ~ - I:• ~~ .. ~ . ` " ~ ~ ~ CIT ATTORNEY FADS GONZAL NAGER • RAL . DA ,DIRECTOR - RECREATION & COMIVILJNITY SERVICES recreatn\ccitem\pkg&busi.doc • ~ . . i . ~! ,. 1 ST~ITE O~ ,LALZ~OZtNZ~ ) . COUNTI~ O~ LOS lINCELES . . ~ . , , Z, the undersigned, Gity C1erh of the City of Lynwood, do hereby certify that. the•fore,going resolution was passed•and adopted by the City Councl.of'the City of`Lynwood at ,a sepcial meeting held •on_the 20th day of.July~'1998. '. ~ ` .~. X41,/• ES: COIINCZLMlIN $1~1tb, ItIG11A1l~Sy SANCHEZ, ~~ • NOES: :NONE `. A$SENT: COUNCZLAIAN .REA . ~ ,. . - City C1erh~ Gity of Linwood SZATE O~ CALZ~OI~NZA ) . 7 ~ COllNZl~ O,~ LOS dINC~ELES ) Z, the undersigned City Clerh~ of the City of Lynwood, and Clerh of the City Council of said Gity~ do hereby certify that the above and foregoing is a ful1~ true and correct copy of resolution No. 98-115 on file in :my office and that said resolution was adopted on the date and by the vote therein stated. ~+ City Glerh ~ `. r