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HomeMy Public PortalAbout2000.106 (06-20-00)i ... - ! - - •, RESOLUTION,NO.. 2000.106 - A RESOLUTION pF THE CITY COUNCIL OF THE CITY OF , LYNWOOD ORDERING THE LEVY OF ANNUAL ASSESSMENTS , ~ ~ '' :FOR THE.EXISTING LYNWOOD LANDSCAPE.MAINTENANCE - ". ASSESSMENT.DISTRICTFQR FISCAL YEAR 2000 2001. " • WHEREAS, ;the City .Council of the City. of Lynwood did onahe.21 st day of " ~ ~ March, 2000,'adopt its Resolution No.2000-50 proposing the "1'evy 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 16th day of Mai, 2000, submit a report' ' in relation to said District pursuant to the provisions ofthe .."Landseapin`g 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 ori~the • 16th. day of May, 2000, adopt- Resolution ' r No. 2000-81 approving the Engineer's- Report herein.. mentioned; and , WHEREAS;. the City.Councl did on the 16th day of May, 2000, adopt Resolution ". . No. 2000:=82 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 RESOI;VE 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.,- " v ' public hearing-regarding its Resolution No. 2000-82, the Engineer's report prepared' in - connection therewith, .and the levy and collection of the proposed assessment against lots and, parcels of land within thef District for fiscal year 2000-2001 to pay for the costs and expenses for the improvements described iri 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 iricludes.all - ofthe lands so benefited, and (iii) the net amount to be assessed upon the lands within the - District'for"the"2000-2001 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 frorri the improvements.~All protests and objections to the evy and .collection of the proposed assessment - ' for the fiscal.year commencing on July l; 2000 and ending on June 30, 2001 are hereby • - " ' overruledby the City Council. ~ - ~. "~a - Section 4. The diagram and assessment in the Engneer..'s, Report, as modified, as 1 presented to the City Council." and on file, in the' office "of the City Clerk are~hereby conf rmed as filed. ~ ~ ~- ~ - ~ ~ ~. ..Section 5. The City Council ~hereby~orders the proposed improvements to be made as described in the Engineer's "R"eport, which improvements shall be performed pursuant to " taw, and. which are.briefly described as follows: - ` The"installation; maintenance and' servicing of exisfing and previously'proposed landscaping and appur`tenanf 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 adj acent 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~pertaning to the levy of an annual assessmeat 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 during fiscal year 2000-2001. 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 ouch 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 acid 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, 2000 and ending June 30, 2001. ' Section 12. A certified copyof 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 Mairitenarice Assessment for' fiscal" year 2000-2001 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 20th day of June ,r 2000. OUIS B r City of Lynwood ATTEST: d ANDREA L. HOOPER, City jerk City of Lynwood RAL . D II 'City Manager APPROVED AS TO FORM: ;~-, - Ci ttorney ity of Lynwo d STATE OF CALIFORNIA ) ss. COUNTY OF LOS ANGELES ) APPROVED THIS CONTENT: JO EPH Y. E. Director of Public Works/ City Engineer 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 20th, June , 2000, and passed by the following vote: AYES: COUNCILMEN REA, REYES, RICHARDS, tSANCHEZ, BYRD NOES: NONE ABSENT: NONE 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. 2000.106 on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this 20th day of June , 2000. L~~'~~-~-- , City Clerk, City of Lynwood Cou00034