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HomeMy WebLinkAbout6625 RESOLUTION NO. 6625 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA ORDERING THE FORMATION OF THE SANTA ANNTA OAKS LIGHTING DISTRICT, AND ORDERING THE IMPROVEMENTS AND LEVY OF ASSESSMENTS WITHIN SAID DLSTRICT FOR. FISCAL YEAR 2008-09 intention to tz as "District") the City Council has by previous Resolutions declared its the Santa Anita Oaks Lighting District (hereafter referred to parcels of land within pursuant to the provisions 2 of Division 15 of the with Section 22500 (hereinafter expenses of the construction and and Lighting Act of 1972, Part and Highways Code, commencing e~to a~ the "Act") to pay the costs and improvements, replacement of existing street maintenance, servicing and operation of street appurtenant facilities related thereto; and WHEREAS, the City Council desires to levy and improvements and against parcels of land within the District for the fiscal year 1, 2008 and ending June 30, 2009, to pay the costs and related and collect special benefit assessments against District commencing in fiscal year 2008-2009; of new street lighting les and for the ongoing assessments July the construction and installation of new street lighting improvements, 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; and WHEREAS, the City Council has previously conducted a property owner protest ballot proceeding for all District assessments, and said assessments are described in the approved Engineer's Report, and the assessments as described comply with all applicable provisions of the California State Constitution Article XTIID. 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 its Resolution approving or amending the Engineer's Report prepared in connection with the District, as well as the levy and collection of assessments, and the City Council has considered al] oral and written statements, protests and communications made or filed by interested persons. The City Council has determined that the property owners z in accordance with the requirements of the California State Constitution, Article XIIID have approved the assessments so presented. SECTION 3. Based upon its review of the Engineer's Report (and amendments, as applicable), a copy of which has been presented to the City Council and which has been filed with the City Clerk, the City Council hereby finds and determines that: 3a). The land within District will receive special benefit by the construction and installation of new street lighting improvements, replacement of existing street light poles as well as the ongoing maintenance, servicing and operation of street lighting improvements and appurtenant facilities related thereto. 3b). The District includes all of the lands receiving such special benefit. 3c). The net amount to be assessed upon the lands within the District is in accordance and 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 for the fiscal year commencing July 1, 2008 and ending June 30, 2009. 3 SECTION 4. The Report and assessment as presented to the City Council and on file in the City Clerk's Department are hereby confirmed as filed. SECTION 5. The City Council hereby orders the proposed improvements to be made, which improvements are briefly described as the construction and installation of new street lighting improvements, replacement of existing street light poles and related incidental expenses, as well as 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. SECTION 6. The County Auditor of Los Angeles County shall enter on the County Assessment Roll opposite each parcel of land the amount of levy, 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 7. The City Treasurer shall deposit all money representing assessments collected by the County for the District to the credit of a fund for the Santa Anita Oalcs Lighting District, and such money shall be expended only for the costs associated with the improvements and District as 4 described in the Engineer's Report as summarized and described in Section 5 of the Resolution. SECTION 8. The adoption of this Resolution constitutes the confirmation of the maximum assessment and inflationary formula applicable to the District and properties therein, and the assessment amounts to be levied within the District in Fiscal Year 2008-2009 (commencing July 1, 2008 and ending June 30, 2009). SECTION 9. The City Clerk shall certify the adoption of this Resolution and is hereby authorized and directed to cause the filing of the Fiscal Year 2008-2009 levy with the County Auditor upon adoption of this Resolution. Passed approved and adopted this day of 2008. ATTEST: City Clerk APPROVED AnS TO FORM:, n City Attorney Mayor of the City of Arcadia s