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HomeMy WebLinkAbout6763 RESOLUTION NO. 6763 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA CONFIRMING THE ENGINEER'S REPORT FOR THE LEVY AND COLLECTION OF THE ARCADIA CITYWIDE LIGHTING DISTRICT NO. 1 AND THE ASSESSMENT DIAGRAM CONNECTED THEREWITH; AND ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2011/12 WHEREAS, the City Council of the City of Arcadia (the "City") pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Part 2, Division 15 of the California Streets and Highways Code, commencing with Section 22500 (hereafter referred to as the "Act"), did by previous resolutions, initiate proceedings for levy and collection of assessments within the Arcadia Citywide Lighting District No. 1 (hereafter referred to as the "District"), and declared its intention to conduct a public hearing for the levy and collection of assessments within the District for Fiscal Year 2011/12 for the special benefits received by properties therein for the annual operation, maintenance and servicing of street lighting improvements and appurtenant facilities related thereto in accordance with the provisions of the California Constitution Article XIIID (the "Constitution"); and WHEREAS, an Engineer's Report has been prepared, filed and presented to the City Council in connection with the proceedings for the levy and collections of assessments within the District for Fiscal Year 2011/12 as required by the Act and the Constitution; and WHEREAS, the City Council has duly held a public hearing regarding these matters pursuant to the provisions of the Constitution; and 1 WHEREAS, the City Council desires to levy and collect assessments against parcels of land within the District for the fiscal year commencing July 1, 2011 and ending June 30, 2012 (Fiscal Year 2011/12), to pay the costs and expenses associate with the ongoing operation, maintenance, and servicing of improvements and appurtenant facilities related thereto that have been determined to be of special benefit to the properties within the District as described in the Engineer's Report. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The preceding recitals are all true and correct. SECTION 2. Following notice duly given, the City Council has held a full and fair public hearing regarding the District, the levy and collection of assessments, and has considered all public testimony and written statements, protests and communications made or filed by interested persons. SECTION 3. Based upon its review of the Engineer's Report, which has been filed with the City Clerk, the City Council hereby finds and determines that: a) The land within the District receives special benefit from the operation, maintenance and servicing of the street lighting improvements, and appurtenant facilities related thereto, to be provided by the District as described in the Engineer's Report. b) The District as defined by the Assessment Diagram contained in the Engineer's Report, includes all of the lands receiving such special benefit. 2 6763 c) The net amount to be assessed upon the lands within the District has been apportioned by a formula and method which fairly distributes the net amount among all eligible parcels in proportion to the special benefit to be received by each parcel from the improvements and services to be provided for Fiscal Year 2011/12. SECTION 4. The City Council hereby orders the proposed improvements as described within the Engineer's Report to be made. The improvements so described may include, but are not limited to the materials, equipment, utilities, labor, contract services and incidental expenses necessary for the ongoing maintenance, operation and servicing of local street lighting improvements and appurtenant facilities within the District that provide special benefits to properties therein. SECTION 5. The maintenance, operation and servicing of improvements shall be performed pursuant to the Act, and for Fiscal Year 2011/12, the County Auditor of Los Angeles shall enter on the County Assessment Roll opposite each parcel of land the amount of levy established by the Engineer's Report, and such levies shall 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 levy shall be paid to the City Treasurer. SECTION 6. The adoption of this Resolution constitutes the levy and collections of assessments within the District for the fiscal year commencing July 1, 2011 and ending June 30, 2012, as described in the Engineer's Report and adopted by the City Council. 3 6763 SECTION 7. The City Clerk shall certify to the adoption of this Resolution, and the minutes of this meeting shall so reflect the City Council's approval of the assessments for Fiscal Year 2011/12 as contained in the Engineer's Report. SECTION 8. The City Clerk is hereby authorized and directed to file the levy of assessments for Fiscal Year 2011/12 as approved, with the County Auditor of Los Angeles. SECTION 9. This Resolution shall become effective immediately upon its adoption and the City Clerk shall certify to the adoption. Passed, approved and adopted this 19th day of July, 2011. /iLam, i • Ar.,rri yor o he Cit of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: f;rAflit,, P. b-e.u.,d, Stephen P. Deitsch City Attorney 4 6763 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 6763 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 19th day of July, 2011 and that said Resolution was adopted by the following vote, to wit: AYES: Council Members Amundson, Chandler, Harbicht, Segal and Kovacic NOES: None ABSENT: None .--.__ ei-P-- ---- ity Clerk of the City of Arcadia 5 6763