Loading...
HomeMy WebLinkAbout6661RESOLUTION N0.6661 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 FORMATION OF THE ARCADIA CITYWIDE LIGHTING DISTRICT 2009-1, COMMENCING IN FISCAL YEAR 2009/2010 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 the formation of the Arcadia Citywide Lighting District 2009-1 (hereafter referred to as the "District"), and declared its intention to conduct a protest balloting for the levy of new assessments within the District commencing in Fiscal Year 2009/2010 for the special benefits received by properties therein from the improvements related thereto; 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 District; and i WHEREAS, the assessments presented to each property owner of record within the District reflect each property's proportional special benefit and financial obligation for the costs and expenses related to the maintenance, servicing and operation of local lighting improvements therein as authorized by the Act and the provisions of the California Constitution. The notice and ballot presented to the property owners of record clearly identified the total amount balloted to all properties, the proposed assessment rate, the property's proportional annual amount commencing with Fiscal Year 2009/2010 and the inflationary adjustment applicable to future assessments; and WHEREAS, upon the close of the Public Hearing held on November 18, 2008 the protest ballots returned by the landowners of record within the District, were opened and tabulated, the results of which are illustrated below: Yes: $62,194.26 No: $83,380.82 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: z SECTION 1. The preceding recitals are all true and correct. SECTION 2. The protest ballot proceedings were conducted with the notices and ballots of the proposed new assessments presented to the qualified property owners of record within the 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 November 18, 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. SECTION 6. The City Clerk shall certify the adoption of this Resolution. 3 Passed approved and adopted this 2na day of December , 2008. ~~5~~ Mayor of the City of Arcadia ATTEST: ______~ ity Clerk APPROVED AS TO FORM: ~~ ~ ~-e;~ Stephen P. Deitsch City Attorney 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. 6661 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 2nd day of December, 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 5