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HomeMy WebLinkAbout6642RESOLUTION NO. 6642 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, PRELIMINARILY APPROVING THE ENGINEER'S REPORT REGARDING THE FORMATION OF THE ARCADIA CITYWIDE LIGHTING DISTRICT 2009-1; AND THE LEVY AND COLLECTION OF ASSESSMENTS RELATED THERETO COMMENCING WITH FISCAL YEAR 2009-2010 WHEREAS, the City Council has, by previousResolution, ordered the preparation of an Engineer's Report (hereafter referred to as "Report") regarding the formation of an assessment district to be designated as the "Arcadia Citywide Lighting District 2009-1" (hereafter referred to as the "District") and the proposed levy and collection of annual assessments for local street lighting improvements, appurtenant facilities and activities 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 (hereafter referred to as the "1972 Act"); and WHEREAS, a Report has been prepared and filed with the City Clerk of the City of Arcadia in accordance with Article 4 of Chapter I (Sections 22565 through 22574) of the 1972 Act, said Report being entitled "City of Arcadia, Arcadia Citywide Lighting District 2009-I, Engineer's Formation Report, Fiscal Year 2009/2010"; and i WHEREAS, the City Clerk has presented to the City Council said Report as prescribed by Chapter 2, Article 1, Section 22586 of the 1972 Act; and WHEREAS, the City Council has examined and reviewed the Report as presented and is preliminarily satisfied with the Report, and each and all of the budget items and documents therein, and it is further satisfied that the proposed assessments have been spread in accordance with the special. benefits received from the proposed improvements as set forth in the Report. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. RECITALS. The preceding recitals are all true and correct. SECTION 2. REPORT CONTENT. The Report as presented consists of the following: 2a) Plans and specifications that describe the District and Improvements. 2b) Method of Apportionment that outlines the special benefit conferred on properties within the District from the improvements; and the 2 6642 calculations used to establish each parcel's proportional special benefit assessment commencing in fiscal year 2009/2010 including the establishment of: ~ Annual assessments for the ongoing maintenance, servicing and operation of street lighting improvements that provide special benefits to the properties in the District; and, ~ An Assessment Range Formula that provides for inflationary adjustments to the annual assessment for the ongoing maintenance, servicing and operation of street lighting improvements, thereby establishing the maximum assessment rate authorized each fiscal year. 2c) The Budget that outlines the estimated annual expenses to provide, maintain and the improvements, including incidental expenses authorized by the 1972 Act. 2d) An Assessment Diagram that identifies the boundaries of the District, the designated zones of benefit, and the associated lots, parcels and properties included therein. 2e) An Assessment Roll containing the Assessor Parcel Numbers that comprise the District and the proportional assessments commencing Fiscal Year 2009/2010. 3 6642 SECTION 3. REPORT APPROVAL. The Report is hereby adopted on a preliminary basis (as submitted or amended), and ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection. SECTION 4. ASSESSMENTS. The proposed Assessment Rates, Assessment Range Formula and method of apportionment described in the Report are hereby approved on a preliminary basis, and the resulting calculated Assessments shall be submitted to the property owners of record within the proposed District for approval pursuant to the provisions of the California Constitution Article XIIID and applicable provisions California State law. SECTION 5. The City Clerk shall certify to the adoption of this Resolution. [SIGNATURES ON NEXT PAGE] a 6642 Passed. approved and adopted this zna day of September, 2008. ~~~~~ Mayor of the City of Arcadia ATTEST: -~~ ity Clerk APPROVED AS TO FORM: ~~~ ~ 4', ~~~~ Stephen P. Deitsch City Attorney 6642 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. 6642 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the Ciry Clerk at a regular meeting of said Council held on the 2nd day of September, 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 6 6642