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HomeMy WebLinkAbout1992-06-23 - RESOLUTIONS - ASMT DIST 92-2 GVR (5)29162-02 JHHW:DJO:bd 6/l9/92 RESOLUTION NO. 92-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA ADOPTING ENGINEER'S REPORT, CONFIRMING THE ASSESSMENT, ORDERING THE WORK AND ACQUISITIONS AND DIRECTING ACTIONS WITH RESPECT THERETO CITY OF SANTA CLARITA ASSESSMENT DISTRICT NO. 92-2 (Golden Valley Road) WHEREAS, on April 21, 1992, this Council adopted Resolution No. 92-81, A Resolution of Intention to Make Acquisitions and Improvements, and in it directed the Engineer of Work to make and file a report in writing in accordance with and pursuant to the Municipal Improvement Act of 1913; WHEREAS, the report was made and filed, and considered by this Council and found to be sufficient in every particular, whereupon it was determined that the report should stand as the Engineer's Report for all subsequent proceedings under and pursuant to the Resolution of Intention, and Tuesday, May 26, 1992, at the hour of 6:30 o'clock p.m., in the regular meeting place of this Council, City Hall, 23920 Valencia Blvd., Santa Clarita, California, were appointed as the time and place for hearing protests in relation to the proposed acquisitions and improvements, notices of which hearing were posted, mailed and published; WHEREAS, said hearing was subsequently continued to June 23, 1992 at the same time and place; WHEREAS, the continued hearing was duly held, and all interested persons desiring to be heard were given an opportunity to be heard, and all matters and things pertaining to the acquisitions and improvements were fully heard and considered by this Council, and all protests, both written and oral, were duly heard, considered and overruled, and this Council thereby acquired jurisdiction to order the acquisitions and improvements and the confirmation of the diagram and assessment to pay the costs and expenses thereof; NOW, THEREFORE, BE IT RESOLVED, by the City Council (the "Council") of the City of Santa Clarita, California (the "City") as follows: 1. The owners of one-half of the area to be assessed for the cost of the project did not, at or prior to the time fixed for the hearing, file written protests against the proposed acquisitions and improvements or the grades at which the work is proposed to be done, as a whole or as to any part thereof, or against the district or the extent thereof to be assessed for the costs and expenses of the acquisitions and improvements, as a whole or as to any part thereof, or against the engineer's estimate of costs and expenses, in whole or in part, or against the maps and descriptions, in whole or in part, or against the diagram or the assessment to pay for the costs and expenses thereof, in whole or in part. �— 2. The public interest, convenience and necessity require that the acquisitions and improvements be made. 3. The district benefited by the acquisitions and improvements and to be assessed to pay the costs and expenses thereof, and the exterior boundaries thereof, are as shown by a map thereof filed in the office of the City Clerk, which map is made a part hereof by reference thereto. 4. The Engineer's Report as a whole and each part thereof, are hereby approved and confirmed to wit: (a) the plans and specifications for the proposed improvements; (b) the maps and descriptions of the lands and easements to be acquired, if any; (c) the engineer's estimate of the itemized and total costs and expenses of the acquisitions and improvements, and of the incidental expenses in connection therewith; (d) the diagram showing the assessment district and the boundaries and dimensions of the respective subdivisions of land within the district; (e) the assessment of the total amount of the costs and expenses of the proposed acquisitions and improvements upon the several subdivisions of land in the district in proportion to the estimated benefits to be received by the subdivisions, respectively, from the acquisitions and improvements, and of the expenses incidental thereto; and (f) a maximum annual assessment upon each of such several subdivisions of land in the district to pay unreimbursed City costs for administration and collection of assessments and administration or registration of bonds, which annual assessment this Council hereby determines and levies in the maximum amount. When any portion or percentage of the costs and expenses of the acquisitions and improvements is to be paid from sources other than assessments, the amount of such portion or percentage shall first be deducted from the total estimated cost and expenses of the acquisitions and improvements, and the assessment shall include only the remainder of the estimated cost and expenses. 5. Final adoption and approval of the Engineer's Report as a whole, and of the plans and specifications, maps and descriptions of the lands and easements to be acquired, estimate of the costs and expenses, the diagram and the assessment, as contained in the Engineer's Report, as hereinabove determined and ordered, is intended to and shall refer and apply to the Engineer's Report, or any portion thereof, as amended, modified, revised or corrected by, or pursuant to and in accordance with, any resolution or order, if any, heretofore duly adopted or made by this Council. 6. The acquisitions and improvements be made, and that the assessment to pay the costs and expenses thereof is hereby levied. For further particulars pursuant to the provisions of the Municipal Improvement Act of 1913, reference is hereby made to the Resolution of Intention. 7. Based on the oral and documentary evidence, including the Engineer's Report, offered and received at the protest hearing, this Council expressly finds and determines (a) that each of the several subdivisions of land will be specially benefited by the acquisitions and improvements at least in the amount, if not more than the amount, of the assessment apportioned against the subdivisions of land, respectively, and (b) that there is substantial evidence to support, and the weight of the evidence preponderates in favor of, the aforesaid finding and determination as to special benefits. 8. The City Clerk shall forthwith: -2- (a) deliver the assessment to the Superintendent of Streets, together with the diagram, as approved and confirmed by this Council, with a certificate of such confirmation and of the date thereof, executed by the City Clerk, attached thereto Streets shall record the assessment and diagram in his office in . The Superintendent ofa suitable book to de kept for that purpose, and append thereto his certificate of the date of such recording, and such recordation shall be and constitute the assessment roll herein. (b) cause a copy of the assessment diagram and a notice of assessment, executed by the City Clerk, to be filed and recorded, respectively, in the office of the County Recorder of the County of Los Angeles, such notice to be in substantially the form provided in Section 3114 of the Streets and Highways Code of California. From the date of recording of the notice of assessment, all persons shall be deemed to have notice of the contents of such assessment, and each of such assessments shall thereupon be a lien upon the property against which it is made, and unless sooner discharged such liens shall so continue for the period of ten (10) years from the date of the recordation, or in the event bonds are issued to represent the assessments, then such liens shall continue until the expiration of four (4) years after the due date of the last installment upon the bonds or of the last installment of principal of the bonds. The appropriate officer or officers are hereby authorized to pay any and all fees required by law in connection with the above. 9. To expedite the completion of these proceedings, and pursuant to written waivers heretofore executed by all of the owners of the properties to be subjected to the assessments levied herein, which waivers are on file with the City, the following shall not apply to these proceedings; (a) the requirement that the notice to pay assessments shall be published or mailed; (b) the right to have thirty (30) days or any other period within which to pay assessments in cash, it being the intention of the owner(s) not to pay same in cash and to have bonds issued therefor; (c) the requirement that the bonds be dated after the expiration of the cash payment period; Accordingly, in these proceedings, there shall be no cash collection period, no collection officer and no published or written notices of such rights of cash payment. 10. An Initial Study was previously prepared with respect to the acquisitions and/or improvements herein, with findings that no significant impacts were anticipated. An Initial Study was also prepared with respect to the assessment district on June 8, 1992, which Initial Study indicated that no significant impacts are anticipated to result from the formation thereof, and on June 9, 1992, this Initial Study and Negative Declaration (the 'Negative Declaration") were posted for public review and comment. The Negative Declaration is hereby conceptually adopted and certified subject to the completion of the public review period. ssssssssssss -3- PASSED AND ADOPTED by the City Council of the City of Santa Clarita at a regular meeting held on the 23rd day of June '1992. 2 ATT T: MAY 'R ITY CLERK 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 23rd day of June 1992, by the following vote of the Council: AYES: COUNCILMEMBERS Boyer, Darcy, Heidt, Pederson, Klajic NOES: COUNCILMEMBERS None ABSENT: COUNCILMEMBERS None