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Home My WebLink About1993-08-24 - AGENDA REPORTS - RESO AMEND RESO 93 98 (2)AGENDA REPOR CONSENT CALENDAR DATE: August 24, 1993 1 Anthony J. Nisich SUBJECT: A RESOLUTION AMENDING RESOLUTION NO. 93-98 DEPARTMENT: Community Development BACKGROUND The City Council adopted Resolution No. 93-98, confirming the diagram and assessment and levying the assessments within Santa Clarita Landscape Maintenance District No. 1. The Resolution contains a clerical error when It states that written protests were not received from property owners. In fact, a written protest was received and reported on at the meeting and duly considered by the Council. This Item only corrects this clerical error. RECOMMENDATION Approve Resolution No. 93-120. ATTACHMENT Resolution No. 93-120 Adopted: d 93 AJN:hds CuuWr"93.98.ejn Agenda Item: RESOLUTION NO. 93-120 A RESOLUTION OF TIIE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING RESOLUTION NO. 93-98 CONFIRMING THE DIAGRAM AND ASSESSMENT AND LEVYING THE ASSESSMENTS WITHIN SANTA CLARITA LANDSCAPE MAINTENANCE DISTRICT NO. 1. WHEREAS, the City of Santa Clarita, California (the "City"), has authorized the levy of annual assessments on property within the Santa Clarita Landscape Maintenance District No. 1 (the "District'), for the Fiscal Year 1993-94 pursuant to Resolution No. 93-98 adopted by the City Council of the City on July 13, 1993, following a public hearing duly noticed and held in accordance with Article 4 of the Landscaping and Lighting Act of 1972; and WHEREAS, Resolution No. 93-98 contains a clerical error where it states that written protests against the levy of assessments were not made by owners representing more than one- half (Ih) of the area of land within the District, and in fact protests from owners of more than one-half (Ih) of the area of land within the District were received into the record and were duly considered by the City Council of the City; and WHEREAS, the City desires to amend Resolution No. 93-98 to correct such clerical error. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Santa Clarita, California as follows: SECTION 1. The above recitals are all true and correct. SECTION 2. The City hereby amends Resolution No. 93-98 to delete the eighth (8th) recital and Section 2 and replace each with the following: "WHEREAS, written protests against the levy of assessments within the District from the owners of more than one-half (Ih) of the area of land within the District were received into the record and were duly considered by the City Council of the City;" and "Section 2. Written protests against the levy of assessments within the District from the owners of more than one-half ('h) of the area of land within the District were received into the record and were duly considered by the City Council of the City." SECTION 3. Resolution No. 93-98 is amended only as stated in Section 2 of this Resolution. In all other respects, Resolution No. 93-98 remains in full force and effect. PASSED AND ADOPTED by the City Council of the City of Santa Clarita, California at a regular meeting held on the 24th day of August, 1993. ATTEST: CITY CLERK CITY OF SANTA CLARITA, CALIFORNIA MAYOR STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) § CITY OF SANTA CLARITA ) I, Donna M. Grindey, City Clerk, DO HEREBY CERTIFY that the above and foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof; held on the day of 1993 by the following vote of Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: City Clerk RESOLUTION NO. 93-98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CONFIRMING THE DIAGRAM AND ASSESSMENT AND LEVYING THE ASSESSMENTS' WITHIN SANTA CLARITA LANDSCAPE MAINTENANCE DISTRICT NO. 1 WHEREAS, on November 10, 1992 the Santa Clartta Landscape Maintenance District No. 1 was formed In accordance with the Landscape and Lighting Maintenance Act of 1972. WHEREAS, this Is theproceeding forthe annual update and Engineer's Report for levying the annual assessments. WHEREAS, on June 8, 1993, the City Council of the City of Santa Clarha (the "City Council"), adopted - Resolution No. 93.69 Initiating proceedings for Santa Clarha Landscape Maintenance District No. 1 (the "District"), and to levy and collect assessments In connection therewith; and WHEREAS, the City Engineer was directed to and did prepare a report in accordance with Article 4 of the Landscaping and Lighting Act of'1972 (the "Engineers Report'j; and WHEREAS, on June 8, 1993, the City Council passed Resolution No. 93-70 (the "Resolution of Intention"), declaring Its Intention to levy and collect assessments In connection therewith and to fix a time and place for hearing objections thereto; and WHEREAS, the Resolution of Intention was duty and legally published and mailed In the time, form and manner as required by law, and the Resolution of Intention and the Affidavit of Publication were filed with the City Cleric; and WHEREAS, at the.time and place for which notice was given, the City Council conducted a public hearing and gave every Interested person an opportunity to object to the proposed formation of the District and/or the levy and collection of assessments In connection therewith; and WHEREAS, written protests against the proposed formation of the District and/orthe levy and collection of assessments in connection therewith have not been made by owners representing `more than one-half of the area of land within the District; and WHEREAS, the City has duly received and considered evidence, both oral and documentary, concerning the jurisdictional facts In this proceeding and concerning the necessity for the proposed formation of the District and concerning the proposed levy and collection of assessments In connection therewith and has no acquired jurisdiction to order the proposed assessments In connection therewith; follows:THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA does resolve as Section 1: The above recitals are all true and correct. Seaton 2: -Written protests against the proposed formation of the District and/orthe levy "add collection of assessments In connealon therewith were not made by owners representing more than one-half (1/2) of the area of land within the District and any protest made, If any, was duly considered by the City Council. Sealon 3: The report tiled by the City Engineer on June 8, 1993, and each component part of It, Including each exhibit Incorporated by reference, 13 hereby approved on July 13, 1993. RESOLUTION NO. 93.98 July 13, 1993 - Page 2 Section 4: The formation of the District and the levy and collection of assessments in connection there as set forth and described In the Resolution of Intention Is hereby ordered. Section 5: The adoption of this Resolution constitutes the levy of the assessment as set forth In the Engineer's Report for the Fiscal Year 1993.94. Sectlon 6: The City Clerk Is hereby authorized and directed to 0le a certified copy of the assessments respecting the District with the County Auditor/Tax Collector of Los Angeles County not later than August 10, 1993. Sectlon 7: The City Clerk shall certify the adoption of this Resolution. 1993. PASSED, APPROVED AND ADOPTED this 13th day of July r STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) § CITY OF SANTA CLARITA ) 1, Donna M. Crievty Clerk DO HEREBY CERTIFY that the above and foregoing Resolution was duly adopted by the City Council of the City of Santa Ctartta at a regular meeting thereof, held on the 13th day of July 1993 by the following vote of Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: BM:hds ewrr..a.,abM Hoyer, Darcy, Rlaj#, Pederson, Beidt