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HomeMy WebLinkAbout1989-11-28 - RESOLUTIONS - RTE 126 B&T FEES (2)RESOLUTION NO. 89-148 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA CONFIRMING THE ROUTE 126 BRIDGE AND MAJOR THOROUGHFARE CONSTRUCTION FEE DISTRICT AND THE LEVY AND COLLECTION OF FEES THEREIN On Tuesday, November 28, 1989, on motion of Koontz, , duly seconded by McKeon and carried, the City Council of the City of Santa Clarita resolves as follows: WHEREAS, pursuant to Government Code Section 66484 and its police powers, the City of Santa Clarita has adopted by reference Los Angeles County Code Sections 21.32.200 and 22.48.435 regarding Bridge and Major Thoroughfare Construction Fee Districts as well as the levy of fees on new development to support construction of major roads and bridges as set out herein; WHEREAS, those Code sections enable the City to notice and hold a public hearing and adopt a resolution providing carrying out the formation of such districts and levy and collection of fees therein under the requirements of the Code and state law; WHEREAS, on October 30, 1989, as required by the Code, the City Council received and preliminarily approved information regarding this district and called a hearing thereon, which report is attached hereto and incorporated herein as Exhibit A; WHEREAS, notice of the hearing has been given as required by law; WHEREAS, at the time, date and place set for public hearing on the formation of the district and levy and collection of fees, the City Council duly heard and considered all oral and written testimony in support of or opposed to such formation, levy and collection; WHEREAS, at such public hearing, no written protests were filed or the written protests filed and not withdrawn did not amount to more than one-half the area to be benefitted as set out in Exhibit A; WHEREAS, the purpose of the fee proposed to be levied is to construct bridges over waterways, railways, freeways and canyons or to construct major thoroughfares, as "construct" is defined in Government Code Section 66484 as set out in Exhibit A; WHEREAS, the fee proposed to be levied shall be used for the construction of the road and bridge projects listed in Exhibit A; WHEREAS, the relationship between the fee and the construction projects is that the total cost of construction of the projects listed has been allocated to each unit of new development as set out in Exhibit A and the amount of the fee is no more than each property is benefitted by the construction of such projects; WHEREAS, the roads and bridges proposed to be constructed are needed to serve new development of all types within the proposed district; WHEREAS, the City already as of the date of this Resolution has expended and allocated funds for such road and bridge projects and therefore such fees should be collected at the time of issuance of building permits; Section 1. NOW, THEREFORE, the City Council resolves and orders: (A) That the Route 126 and Major Thoroughfare Construction Fee District shall be formed with the boundaries of the area of benefit set out in Exhibit A; (B) That the total cost of the road and bridge projects to be constructed within the District is set out in Exhibit A; (C) That the method of allocation of such cost to the area benefitted shall be as set out in Exhibit A; (D) That the amount of the per unit fee for each unit of new construction shall be as set out in Exhibit A; (E) That the City Finance Officer hereby is instructed to set up an account entitled "Planned Bridge Facility and Major Thoroughfare Fund" and to establish within such account a separate fund for each road and bridge project; (F) That all road and bridge fees levied and collected within the District and the proceeds of any such fees (from investment or otherwise) shall be deposited in the account so established, which fees and proceeds shall be -2- elh/RES71161 used only for the projects and construction purposes set out herein which serve the area benefitted; (G) That the account so established shall be reviewed pursuant to Government Code Section 66001(d) -(f), as that may be amended from time to time; (H) That the City Clerk is instructed to record a certified copy of this Resolution with the Los Angeles County Recorder. (I) That the establishment of this District and the levy and collection of fees therein is exempt from CEQA pursuant to Section 15273 of the Guidelines, as such fees are in the same amount as those levied by the County of Los Angeles prior to incorporation and are to obtain funds necessary to maintain traffic circulation within the District and Santa Clarita Valley. PASSED, APPROVED AND ADOPTED this 28th day of November 19 89 . l/12LG° U . 14, e- Jr MAYOR ATTEST, % TY CLERK -3- elh/RES71161 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 28th day of November , 1989 , by the following vote of the Council: AYES: NOES: ABSENT: COUNCILMEMBERS COUNCILMEMBERS Koontz, McKeon, Heidt LI TM am -4- elh/RES71161 2 -i C: m D Z 0NZ< Z O r 0 Z m Z o� D � D v v i CD3> mmm m n :;o