HomeMy WebLinkAbout6623RESOLUTION NO. 6623
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, DECLARING THE RESULTS OF
THE PROPERTY OWNER PROTEST BALLOT
PROCEEDINGS CONDUCTED FOR THE PROPOSED LEVY
OF ASSESSMENTS RELATED TO THE SANTA ANITA
OAKS LIGHTING DISTRICT COMMENCING IN FISCAL
YEAR 2008-2009
WHEREAS, the City Council on behalf of the Santa Anita Oaks
Lighting District (hereafter referred to as the "District") initiated proceedings
and declared its intention to conduct a protest balloting for the levy of
proposed new assessments within the proposed District commencing in
Fiscal Year 2008-2009 for the special benefits received by properties therein
from the improvements related thereto, pursuant to the provisions of the
Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets
and Highways Code of California, beginning with Section 22500; and
WHEREAS, in accordance with the provisions of the California
Constitution, Article XIIID, the City Council has caused and conducted a
property owner protest ballot proceeding for the proposed new assessments to
be levied on properties within the proposed District; and
WHEREAS, the assessments presented to each property owner of
record within the proposed District reflect each property's benefit and
proportional financial obligation for the costs and . expenses- of the
construction and installation of new street lighting improvements,
replacement of existing street light poles and the ongoing maintenance,
servicing and operation of street lighting improvements and appurtenant
facilities related thereto that will provide special ,benefit to the properties
within the District. The ballots presented clearly identified the total amount
alloted to all properties, the proposed assessment rates, the property's
proportional annual amount commencing with Fiscal Year 2008-2009 and the
inflationary adjustment applicable to future assessments; and
WHEREAS, upon the close of the Public Hearing held on May 6, 2008
the protest ballots returned by the landowners of record within the proposed
District, were opened and tabulated, the results of which are illustrated
below:
Yes: $s,s4i (21)
No: $48,840 (121)
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WHEREAS, the assessments presented to each property owner of
record within the proposed District reflect each property's benefit and
proportional financial obligation for the costs and expenses of the
construction and installation of new street lighting improvements,
replacement of existing street light poles and the ongoing maintenance,
servicing and operation of street lighting improvements and appurtenant
facilities related thereto that will provide special benefit to the properties
within the District. The ballots presented clearly identified the total amount
alloted to all properties, the proposed assessment rates, the property's
proportional annual amount commencing with Fiscal Year 2008-2009 and the
inflationary adjustment applicable to future assessments; and
WHEREAS, upon the close of the Public Hearing held on May 6, 2008
the protest ballots returned by the landowners of record within the proposed
District, were opened and tabulated, the results of which are illustrated
below:
Yes: zt
No: tzt
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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. The protest proceedings were conducted with the
notices and ballots of the proposed new assessments presented to the
qualified property owners within the proposed District as required by law,
with a required receipt of the returned ballots to the City Clerk prior to the
close of the Public Hearing on May 6, 2008.
SECTION 3. The canvass of the protest ballots cast for the proposed
District and received prior to the close of the public hearing, weighted
according to the proportional financial obligation of the affected properties is
hereby approved and confirmed.
SECTION 4. The City Clerk is hereby directed to enter this
Resolution on the minutes of this meeting, which shall constitute the official
declaration of the result of such property owner protest ballot proceeding.
SECTION 5. This Resolution shall become effective immediately
upon its adoption.
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SECTION 6. The City Clerk shall certify the adoption of this
Resolution.
Passed approved and adopted this Ern day of May , 2008.
~.~~~~c~
Mayor of the City of Arcadia
ATTEST:
/~-fL~-
.City Clerk
APPROVED AS TO FORM:
~" .,.~ _ '~~ G~. Tie
City Attorney
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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. 6623 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 6th day of May, 2008 and that said
Resolution was adopted by the following vote, to wit:
AYES: Council Member Amundson, Chandler, Kovacic, Wuo and Harbicht
NOES: None
ABSENT: None
ity Clerk of the City of Arcadia
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