HomeMy WebLinkAbout6836RESOLUTION NO. 6836
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 2012/13
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 2012/13 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 2012/13 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
i
WHEREAS, the City Council desires to levy and collect assessments against
parcels of land within the District for the fiscal year commencing July 1, 2012 and
ending June 30, 2013 (Fiscal Year 2012/13), to pay the costs and expenses associated
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:
3a) 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.
3b) The District as defined by the Assessment Diagram contained in the
Engineer's Report, includes all of the lands receiving such special benefit.
P]
3c) 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 2012/13.
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 2012/13, 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 collection
of assessments within the District for the fiscal year commencing July 1, 2012 and
ending June 30, 2013, as described in the Engineer's Report and adopted by the City
Council.
3
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 2012/13 as contained in the Engineer's Report.
SECTION 8. The City Clerk shall certify to the adoption of this Resolution and is
hereby authorized and directed to file the levy of assessments for Fiscal Year 2012/13,
as approved, with the County Auditor of Los Angeles.
Passed, approved and adopted this 19th day of June , 2012.
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
4
Mayor of the City of Arcadia
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS:
CITY OF ARCADIA )
I, GENE GLASCO, City Clerk of the City of Arcadia, hereby certifies that the
foregoing Resolution No. 6836 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 June, 2012 and that said Resolution was adopted by the
following vote, to wit:
AYES: Council Members Amundson, Segal, Wuo and Harbicht
NOES: None
ABSENT: Council Member Kovacic
M