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
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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:
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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.
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Passed approved and adopted this 2na day of December , 2008.
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Mayor of the City of Arcadia
ATTEST:
______~
ity Clerk
APPROVED AS TO FORM:
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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
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