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Home My Public Portal About2002.091 (06-18-02)RESOLUTION NO 2002..091 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 2002-2003 ' WHEREAS, the City Council of th'e City of Lynwood did on the 2nd day of ,-:;~ April, 2002, adopt its Resolution No.2002-44 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 21st-day of May, 2002, submit a report in relation to said District pursuant to the provisions of the "Landscaping and Liglitmg 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 21st day of May, 2002, adopt Resolution No..2002-076 .approving the Engineer's Report herein mentioned, and WHEREAS, the Crty Council did on .the 21st day of May, 2002, adopt Resolution No. 2000-077 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 herein above are true and correct. i ~ Section 2 Following notice duly given, the City Council has held a full and fair ~"~ ublic hearm re ardm its Resolution No. 2001-077 the En meer's re ort re ared in p g g g~ g~ p p p connection therewith, and the levy and collection of the proposed assessment against lots and' parcels of land within the District for fiscal year 2002-2003 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 m 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 2002-2003 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, 2002 and ending on'June 30, 2003 are hereby overruled by the City Council. t Section 4. The diagram and assessment m 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 ex~stmg 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 during fiscal year 2002-2003. 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 m use m the performance of a public function and which is included within the District shall riot 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, 2002 and ending June 30, 2003. ~ ; Section i 2. 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 2002-2003 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 18TH day of ,TUNE , , 2002. ARTURO REYES, ayor City of Lynwood ATTEST: ANDREA L. HOOPER, City Clerk FAUSTI GONZAL~S City of Lynwood City Manager -~::~. ~ i ~ I APPROVED AS TO FORM• City Attorney City of Lynwood STATE OF CALIFORNIA ) ss. COUNTY OF LOS ANGELES ) APPROVED THIS CONTENT J SE Y. WA Director of Environmental Services/ Crty 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 JUNE 18TH , 2002, and passed by the following vote AYES COUNCILMAN BYRD, PEDROZA, RICHARDS, RODRIGUEZ AND REYES 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. 2002.091 on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this 18TH day of JUNE , 2002 1 !.-T Cou01049 v p 1 i City Clerk, City of Lynwood J