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
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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:
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itv Clerk
ity Clerk
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
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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
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ity Clerk of the City of Arcadia