HomeMy WebLinkAbout6736RESOLUTION NO. 6736
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 NO. 1, 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 resolution initiate proceedings
for the formation of the Arcadia Citywide Lighting District No. 1 (hereafter referred
to as the "District "), and declared its intention to conduct property owner protest
ballot proceedings 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 improvements related thereto; and
WHEREAS, in accordance with the provisions of the California
Constitution, Article XIIID, the City Council has caused and conducted property
owner protest ballot proceedings for the proposed new assessments to be levied
on properties within the District; and
WHEREAS, the assessment presented to each property owner of record
within the District reflects 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
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property owners of record clearly identified the total amount of assessments
subject to ballot among all properties, the proposed assessment rate, each
property's proportional annual amount of assessment commencing with Fiscal
Year 2010/2011 and the inflationary adjustment applicable to future assessments;
and
WHEREAS, upon the close of the duly public hearing held on July 20,
2010, the protest ballots returned by the landowners of record within the District
were opened and tabulated, the results of which are set forth in Exhibit "A"
attached hereto and incorporated herein by reference.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS
FOLLOWS:
SECTION 1. The foregoing recitals are all true and correct.
SECTION 2. The property owner protest ballot proceedings were
conducted with all notices and ballots pertaining to the proposed new
assessments presented to the qualified property owners of record within the
District as required by law, with the required receipt of returned ballots by the City
Clerk prior to the close of the public hearing on July 20, 2010.
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 as set forth in Exhibit "A ". As a result of the canvass of the protest
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ballots, it is hereby found and determined that there has been no majority protest
concerning the establishment of the District and the proposed assessments.
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 proceedings.
its adoption.
ATTEST:
City Clerk
APPROVED AS TO FORM:
SECTION 5. This Resolution shall become effective immediately upon
SECTION 6. The City Clerk shall certify the adoption of this Resolution.
Passed, approved and adopted this 3rd
A, 6e/L.a
Stephen P. Deitsch
City Attorney
day of August , 2010.
Mayor of the City of Arcadia
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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. 6736 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 3rd day of August, 2010 and that said
Resolution was adopted by the following vote, to wit:
AYES: Council Member Chandler, Harbicht, Kovacic, Segal and Amundson,
NOES: None
ABSENT: None
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City Clerk of the City of Arcadia
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