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HomeMy WebLinkAbout1988-10-27 - RESOLUTIONS - VIA DONA CHRISTA ST CLOSURE (2)RESOLUTION NO. 88-146 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, STATING ITS INTENTION REGARDING SANTA CLARITA ASSESSMENT DISTRICT NO. 1, VIA DONA CHRISTA, FOR THE CONSTRUCTION OF CUL-DE-SAC STREET CLOSURE WHEREAS, it has been determined by the City Council of the City of Santa Clarita that proceedings shall be commenced and conducted under and in accordance with provisions of the Municipal Improvement Act of 1913, Division 12 of the Streets and Highways Code of the State of California for the installation of cul-de-sac street closures under SANTA CLARITA ASSESSMENT DISTRICT NO. 1, VIA DONA CHRISTA; and WHEREAS, it is the intention of the City to undertake these proceedings to determine whether the public convenience and necessity require the improvements hereinafter described; and WHEREAS, the City of Santa Clarita has agreed to contribute Twenty-four Thousand Seven Hundred and Fifty 01 Dollars ($24,750) to the cost of the project; and WHEREAS, it is the intention of the City to proceed. under the Alternative Proceedings, Part 7.5, Division 4 of the said Streets and Highways Code to comply with the Special Assessment Investigation, Limitation and Majority Protest Act of 1931; and WHEREAS, there exists a disparity in grades for which it is more economical to do work on private property than to adjust the work on public property. NOW THEREFORE, THE CITY COUNCIL RESOLVES AS FOLLOWS: SECTION 1. That it is the intention of the City Council to determine that the public convenience and necessity require the work to be done and improvements made, in the City of Santa Clarita, State of California, and to order such work and improvement made as follows, to wit: The construction of cul-de-sac street closures consisting of curb, gutters, sidewalks, driveways, blockwalls, drains and pavement and other incidental and "' appurtenant work necessary thereto in VIA DONA CHRISTA. TBM/RES0276 SECTION 2. That the district to be benefited by said improvement and to be assessed to pay the cost and expense thereof, and to be known as the assessment district, shall be all that part of the City of Santa Clarita, State of California, having exterior boundaries as shown on a map of the district approved by the City Council and endorsed with the certificate of the City Clerk, which map is on file in the Office of the City Clerk. Reference is hereby made to the map for a full and complete description of the assessment district and the map shall govern for all details as to the extent of the assessment district. SECTION 3. That this proposed improvement is hereby referred to the Acting City Engineer and the Acting City Engineer is hereby directed to make and file with the City Clerk of the City of Santa Clarita a report in writing, presenting the following: (a) Plans and specifications of the proposed improvement. (b) An estimate of the cost of the proposed improvement. r (c) A diagram showing the assessment district above referred to, which shall also show the boundaries and dimensions of the respective subdivisions of land within the district as the same existed at the time of the passage of the resolution of intention, each of which subdivisions shall be given a separate number upon the diagram. (d) A proposed assessment of the total amount of the cost and expenses of the proposed improvement upon the several subdivisions of land in the district in proportion to the estimated benefits to be received by such sub- divisions, respectively, from the improvements. The assessment shall refer to such subdivisions upon the diagram by the respective, numbers thereof. (e) The total principal sum of all unpaid special assessments and special assessments required or proposed to be levied under any completed or pending assessment proceedings which would require an investigation and report pursuant to Division 4 of Said Streets and Highways Code. (f) The total true value of the parcels of land and improvements which are proposed to be assessed. '^ (g) That it is in the public interest and more economical to eliminate a disparity in grades by performing -2- a TBM/RES0276 the work on private property than to adjust the work on public property with the written consent of the property owner. SECTION 4. The City Council proposes to find and determine that the public convenience and necessity require such improvement. At the time and place fixed for hearing protests to the proposed improvement a public hearing will also be held, to hear protests to the making of such finding and determination by the City Council. After such public hearing the City Council proposes to find that the total amount of the principal sum of all unpaid special assessments levied against the parcels proposed to be assessed plus the principal amount of the special assessment proposed to be levied under Santa Clarita Assessment District No. 1 do not exceed one-half of the total value of the parcels proposed to be assessed, prior to confirming the assessment pursuant to Section 10311 of said Streets and Highways Code. SECTION 5. The principal sum shall become due and payable to the City Treasurer within 30 calendar days after the date of the recording of the Diagram and Assessment for this improvement. SECTION 6. That it is the opinion of the City Council that the public interest will not. be served by allowing the property owners to take the contract for the work to be done under these proceedings. SECTION 7. That after completion of this improve- ment and the payment of all claims from the improvement fund, the amount of the surplus, if any, remaining in the improvement fund by reason of the assessment and any supplemental levied for said improvement shall be used: (a) for transfer to the general fund of the City of Santa Clarita provided that the amount of the surplus does not exceed One Thousand Dollars ($1,000.00) or 5 percent of the total amount expended from the improvement fund, whichever is lesser; or (b) if the amount of the surplus is greater than that allowed under (a), then as a credit upon the assessment and any supplemental assessment, in the manner provided in Section 10427.1 of the said Streets and Highways Code. If there is no supplemental assessment, the entire amount of the surplus shall be applied as a credit to the assessment. -3- TBM/RES0276 SECTION 8. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 27th day of October , 1988 . 960"im., N I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the 27th3ay of October 1988 , by the following vote of the Council: AYES: COUNCILMEMBERS Boyer, Darcy, Heidt, Koontz, McKeon NOES: COUNCILMEMBERS None ABSENT: COUNCILMEMBERS Noni r-�