HomeMy WebLinkAbout6737RESOLUTION NO. 6737
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA CONFIRMING THE ENGINEER'S
REPORT FOR THE FORMATION OF THE ARCADIA CITYWIDE
LIGHTING DISTRICT NO. 1 AND THE ASSESSMENT DIAGRAM
CONNECTED THEREWITH; AND ORDERING THE LEVY AND
COLLECTION OF ASSESSMENTS FOR 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 for
the annual operation, maintenance and servicing of street lighting improvements
and appurtenant facilities related thereto in accordance with the provisions of the
California Constitution Article XIIID (the "Constitution "); and
WHEREAS, an Engineer's Report has been prepared, filed and presented
to the City Council in connection with the proceedings for the formation of the
District and the annual levy of assessments related thereto commencing on Fiscal
Year 2010/2011 as required by the Act and the Constitution; and
WHEREAS, the City Council has duly held a public hearing regarding these
matters and has conducted property owner protest ballot proceedings for the
proposed new assessments related thereto pursuant to the provisions of the
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Constitution, the results of which have been presented and confirmed by this City
Council; and
WHEREAS, the City Council desires to levy and collect assessments
against parcels of land within the District for the fiscal year commencing July 1,
2010 and ending June 30, 2011 (Fiscal Year 2010/2011), to pay the costs and
expenses associated with the ongoing operation, maintenance, and servicing of
improvements and appurtenant facilities related thereto that have been
determined to be of special benefit to the properties within the District as
described in the Engineer's Report.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS
FOLLOWS:
SECTION 1.
SECTION 2.
The preceding recitals are all true and correct.
Following notice duly given, the City Council has held a full
and fair public hearing regarding the formation of the District and the levy and
collection of assessments, and has considered all public testimony and written
statements, protests and communications made or filed by interested persons.
The City Council has evaluated the results of the property owner protest ballot
proceedings conducted in accordance with the provisions of the Constitution, and
has determined that a majority protest concering the establishment of the District
and the proposed assessments did not exist.
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SECTION 3. Based upon its review of the Engineer's Report, which has
been filed with the City Clerk, the City Council hereby finds and determines that:
a) The land within the District will receive special benefit from the
operation, maintenance and servicing of the street lighting improvements, and
appurtenant facilities related thereto, to be provided by the District as described in
the Engineer's Report.
b) The District as defined by the Assessment Diagram contained in the
Engineer's Report, includes all of the lands receiving such special benefit.
c) The net amount to be assessed upon the lands within the District
has been apportioned by a formula and method which fairly distributes the net
amount among all eligible parcels in proportion to the special benefit to be
received by each parcel from the improvements and services to be provided
commencing with Fiscal Year 2010/2011.
SECTION 4. The City Council hereby orders the proposed
improvements as described within the Engineer's Report to be made. The
improvements so described may include, but are not limited, to the materials,
equipment, utilities, labor, contract services and incidental expenses necessary for
the ongoing maintenance, operation and servicing of local street lighting
improvements and appurtenant facilities within the District that provide special
benefits to properties therein.
SECTION 5. The maintenance, operation and servicing of
improvements shall be performed pursuant to the Act, and for Fiscal Year
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2010/2011, the County Auditor of Los Angeles shall enter on the County
Assessment Roll opposite each parcel of land the amount of levy established by
the Engineer's Report, and such levies shall be collected at the same time and in
the same manner as the County taxes are collected. After collection by the
County, the net amount of the levy shall be paid to the City Treasurer.
SECTION 6. The adoption of this Resolution constitutes the formation
of the District, the boundaries of which are identified by the Assessment Diagram;
the establishment of the maximum assessment rates and assessment range
formula connected therewith; and the assessments for the fiscal year commencing
July 1, 2010 and ending June 30, 2011, as described in the Engineer's Report and
adopted by the City Council.
SECTION 7. The City Clerk shall certify to the passage and adoption of
this Resolution, and the minutes of this meeting shall reflect the City Council's
approval of the formation of the District, the adoption and confirmation of the
Assessment Diagram, and the establishment of the maximum assessment rate(s),
assessment range formula and the assessments for Fiscal Year 2010/2011, as
contained in the Engineer's Report.
SECTION 8. The City Clerk is hereby authorized and directed to file the
levy of assessments for Fiscal Year 2010/2011, as approved, with the Los
Angeles County Auditor - Controller.
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ATTEST:
Passed, approved and adopted this 3rd day of August , 2010.
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
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. 6737 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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ity Clerk of the City of Arcadia
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