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HomeMy WebLinkAbout1993-11-09 - RESOLUTIONS - ASMT DIST 92-5 TRAFSIG IMPROV (2)RESOLUTION NO. 93-152 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA ORDERING THE LEVY OF CONTINGENT ASSESSMENTS FOR ITS INTEGRATED FINANCING ASSESSMENT DISTRICT NO. 92.5 (VALENCIA INDUSTRIAL CENTER TRAFFIC SIGNAL IMPROVEMENTS) AND TAKING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH WHEREAS, the City Council ("City Council") of the City of Santa Clarita, California ("City") on July 13, 1993, adopted Resolution No. 93-100 declaring Its intention to proceed with the construction of certain Improvements and payment of Incidental expenses by creation of its Integrated Financing Assessment District No. 92-5 (Valencia Industrial Center Traffic Signal Improvements) (the "District"), as shown on that certain map designatn4 "Proposed Boundaries of Integrated Financing Assessment District No. 92.5 (Valencia Industrial Center Traffic Signal Improvements)," attached hereto and Incorporated herein as ExhlVt "A"A;" and WHEREAS, the City Council of the City has considered all matters relating to the proposed financing and construction of certain public Improvements in the vicinity of the Valencia Industrial Center pursuant to the Integrated Financing District Act (the "Financing District Act") and the Landscaping and Lighting Act of 1972 (the "1972 Act"), and specifically for the levy of contingent assessments (the "Assessments") against properties within the District; a description of the rate and method of apportionment for such Assessments contained In the Final Engineer's Report being attached hereto and Incorporated herein as Exhibit "B;' and WHEREAS, the Financing District Act provides an alternative method of financing the Improvements, by authorizing the Assessments which are contingent upon the development of land and which may be made payable at the time of approval of a tentative subdivision map, vesting tentative subdivision map, final subdivision map, zoning change, or upon receipt of a building permit for any parcels which have already received all other required approvals for development; and WHEREAS, the Financing District Act authorizes proceedings to create an integrated financing district to be combined with formation proceedings under the 1972 Act; and WHEREAS, following completion of a duly called and noticed public hearing and pursuant to Ordinance No. 93.18 (the "Ordinance"), the City Council of the City approved and confirmed the Final Engineer's Report, the assessment and the diagram and ordered formation of the District; NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND DECLARED by the City Council of the City of Santa Clarlta, California, as follows: SECTION 1. Pursuant to Government Code Section 53196.5, this Resolution shall be final as to all persons and the Assessment Is hereby levied upon the respective subdivisions of land in the District according to Resolution No. 93-100 and the Final Engineer's Report. SECTION 2. The Assessment shall be recorded In the office of the Superintendent of Streets. SECTION 3. The City Clerk shall file a copy of the Assessment diagram In the office of the County Recorder and cause to be paid the filing fee therefore. RESOLUTION NO. 93-152 Page 2 SECTION 4. The City Clerk shall execute and record a Notice of Assessment in the office of the County Recorder, pursuant to Division 4.5 of the Streets and Highways Code, commencing with Section 3100. SECTION 5. The City Clerk shall publish once a week for two consecutive weeks in a newspaper of general circulation and also mail to each property owner of record a Notice of Recordation of Assessment. SECTION 6. Pursuant to Government Code Section 53198, the Assessments shall constitute a lien upon the real property, and the lien shall continue until the charge and all penalties are fully paid or the property Is sold to satisfy the lien. The lien shall have the same force, effect, priority and duration as would a delinquent lien under the 1972 Act. SECTION 7. The City may bring an action in any court of competent jurisdiction against the owners of any property to collect delinquent Assessments and penalties. The enforcement and remedies provisions of Government Code Sections 53198.5 and 53199 shall apply to the Assessments. SECTION 8. Pursuant to Government Code Section 53190 and the Ordinance, the reimbursement agreement (the "Agreement') in substantially the form attached hereto as Exhibit "C is hereby approved and the Mayor and the City Clerk are hereby authorized and directed to execute the Agreement In substantially the form hereby approved, with such additions thereto and changes therein as are recommended or approved by Counsel to the City, Special Counsel to the District and the officers executing the same, with such approval to be conclusively evidenced by the execution and delivery of the Agreement. SECTION 9. Pursuant to Government Code Section 53197(b), there is hereby created the "Integrated Financing Assessment District No. 92-5 (Valencia Industrial Center Traffic Signal Improvements) Reimbursement Fund" (the "Reimbursement Fund"). All revenue collected within the District pursuant to the Financing District Act, Including penalties, shall be deposited in the Reimbursement Fund and disbursed, as provided by the City Council, subject to the terms of the Agreement. SECTION 10. All actions heretofore taken by officers and agents of the City Council with respect to the Agreement are hereby approved, confirmed and ratified, and the Mayor and City Clerk and the other officers of the City responsible for the fiscal affairs of the City are hereby authorized and directed to take any actions and execute and deliver any and all documents as are deemed necessary or appropriate to the City and Its officers taking such actions or executing such documents, to accomplish the purposes of the Agreement. In the event that the Mayor is unavailable to sign any document authorized for execution herein, the City Manager, or his written designee, may sign such document. Any document authorized herein to be signed by the City Clerk may be signed by a duly appointed deputy clerk. SECTION 11. The City Clerk shall certify the adoption of this Resolution. RESOLUTION NO. 93-152 Page 3 PASSED, APPROVED AND ADOPTED this 9th 1993. ATTEST: Clerk 0 1 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) § CITY OF SANTA CLARITA ) day of November I, Donna M. Grindey, City Clerk, DO HEREBY CERTIFY that the above and foregoing Resolution was duly adopted by the C%Council of the City of Santa Clarlta at a regular meeting thereof, held on the 9th day of November , 1993 by the following vote of Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: BM:dls cwm1M3-/52.bm Boyer, Darcy, Klajic, Pederson, Heidt None None y Clerk lop