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HomeMy WebLinkAbout6707RESOLUTION NO. 6707 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 KAITLYN PLACE LAND- SCAPING AND LIGHTING DISTRICT COMMENCING IN FISCAL YEAR 2010/2011 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 Kaitlyn Place Landscaping and Lighting District (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 2010/2011 for the special benefits received by properties therein from the local landscaping and street lighting 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 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 ongoing operation, maintenance, servicing and incidental expenses related to the local landscaping and street lighting improvements associated with the District, as authorized by the Act and the applicable 2 provisions of the California Constitution. The notice and ballot presented to the property owners of record clearly identified the total amount presented by and applicable to the ballot for each property, the proposed assessment rate, the property's proportional annual amount commencing with Fiscal Year 2010/2011 and the inflationary adjustment applicable to future assessments; and WHEREAS, upon the close of the Public Hearing held on December 15, 2009, the protest ballots returned by the landowners of record within the District, were opened and tabulated, the results of which are ilustrated below: Yes: $3,427.65 No: $0.00 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 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 December 15, 2009. 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. Passed, approved and adopted this 15th day of December , 2009. ATTEST: /fig itv Clerk ity Clerk APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 3 May of the City of Arcadia 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. 6707 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 15th day of December, 2009 and that said Resolution was adopted by the following vote, to wit: AYES: Council Member Amundson, Chandler, Kovacic and Wuo NOES: None ABSENT: Council Member Harbicht 4 ity Clerk of the City of Arcadia