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HomeMy WebLinkAbout1993-07-13 - RESOLUTIONS - FIN ASMT DIST 92-5 ENGR RPT PH (2)RESOLUTION NO. 93- 101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA PASSING ON AND PRELIMINARILY APPROVING THE ENGINEER'S REPORT AND SETTING A PUBLIC MEETING AND A PUBLIC HEARING ON THAT REPORT WITH RESPECT TO ITS INTEGRATED FINANCING ASSESSMENT DISTRICT NO. 92-5 (VALENCIA INDUSTRIAL CENTER TRAFFIC SIGNAL IMPROVEMENTS) OF THE CITY OF SANTA CLARITA. WHEREAS, the City Council ("City Council") of the City of Santa Clarita, California ("City") has instituted proceedings for the construction of certain improvements and payment of incidental expenses by creation of its Soledad Canyon Integrated Financing Assessment District No. 92-4 ("District"); 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 ("Financing District Act") and the Landscaping and Lighting Act of 1972 (" 1972 Act"), and specifically for the levy of contingent assessments ("Assessments") against properties within the District; and WHEREAS, there has been prepared and filed with the City Council a report of the Engineer ("Engineer's Report") as provided for in the 1972 Act, and the Engineer's Report has been presented for consideration; and WHEREAS, a Resolution of Intention has been adopted as of the date hereof regarding the District, and the Engineer's Report shall stand as the Engineer's Report for the purpose of subsequent proceedings hereunder; 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, the Integrated Financing District Act authorizes the legislative bodies of two or more local agencies to enter into an agreement to exercise any power authorized by the Financing District Act or the 1972 Act; and [WHEREAS, the County of Los Angeles ("County") and the City intend for the Newhall Land and Farming Company, a California limited partnership ("Developer") to commence construction of certain improvements and the Developer is willing and able to advance moneys or work -in-kind or commit to advance moneys or work -in-kind at such time and in sufficient amounts so that Improvements may be completed; and [WHEREAS, a portion of the improvements within the County's jurisdiction, when constructed by the Developer to the County's satisfaction and pursuant to the Engineer's Report, shall be accepted for ownership, operation and maintenance by the County pursuant to a Joint Public Facilities Agreement dated August 28, 1992 (the "Agreement"), by and between the County and the City; and [WHEREAS, a portion of the improvements within the City's jurisdiction, when constructed by the Developer to the City's satisfaction and pursuant to the Engineer' Report, shall be accepted for ownership, operation and maintenance by the City pursuant to the Agreement; and] WHEREAS, the City Council intends that a public hearing on the formation of the District under the Financing District Act will be combined with the public hearing required pursuant to the 1972 Act, with notice of the hearing to be made in the manner required by the 1972 Act; NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND DECLARED 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 Engineer's Report referred to hereinabove is considered adopted, passed upon, and preliminarily approved, as follows: (1) That the plans and specifications for the proposed improvements to be made, contained in said Engineer's Report be, and they are hereby preliminarily approved and adopted; (2) That Engineer's estimate of the itemized and total costs and expenses of said construction, where necessary, and improvements, and of the incidental expenses in connection therewith, contained in said Report, be, and each of them are, hereby preliminarily approved and adopted; -2- (3) That the diagram showing the District referred to and described in said .— Resolution of Intention, and also the boundaries and dimensions of the respective subdivisions of land within said District, as the same existed at the time of the passage of said Resolution of Intention, as contained in said Engineer's Report, be, and hereby are preliminarily approved and adopted; (4) That the proposed Assessment upon the several subdivisions of land in said District, in proportion to the estimated benefits to be received by such subdivisions, respectively, from said acquisition and improvements, and of the incidental expenses thereof, as contained in said Engineer's Report, be, and they are hereby preliminarily approved and adopted; (5) That the maps and descriptions of the lands and easements to be acquired, as contained in said Engineer's Report be, and the same are hereby preliminarily approved; (6) That said Engineer's Report shall stand as the Engineer's Report for the purpose of all subsequent proceedings had pursuant to said Resolution of Intention. SECTION 3. NOTICE HEREBY IS GIVEN THAT ON Sp*embw 14 1993 AT 7:30 P.M AT THE CITY COUNCIL CHAMBERS, 23920 VALENCIA BOULEVARD, SANTA CLARITA, CALIFORNIA, ANY AND ALL PERSONS HAVING ANY OBJECTIONS TO THE PROPOSED WORK, OR ASSESSMENT, OR EXTENT OF THE DISTRICT MAY APPEAR AND SHOW CAUSE WHY SAID WORK SHOULD NOT BE DONE OR CARRIED OUT IN ACCORDANCE WITH THE RESOLUTION OF INTENTION AND THE ENGINEER'S REPORT. Notice is also hereby given that the additional public meeting required by the Ralph M. Brown Act shall be held Aug24 , 1993. SECTION 4. The above -referenced public hearing required by Section 53183 of the Financing District Act shall be combined with the public hearing required by the 1972 Act. At the time and place to be designated for the public hearing, any owner of property liable to be assessed pursuant to this Resolution of Intention may make a written protest, which shall be heard and passed upon by the City Council. Reference is made to Section 53183 of the Financing District Act for further particulars, the terms of which are incorporated herein by reference. SECTION 5. The City Clerk is hereby directed to mail notice of said public protest hearing and the adoption of the Resolution of Intention and of the filing of the Engineer's Report to all persons owning real property proposed to be assessed, whose names and addresses appear on the last equalized assessment roll for Los Angeles County taxes prior hereto, or as known to said City Clerk, and to all other persons as prescribed in accordance with the provisions of the 1972 Act. -3- SECTION 6. The above notices of said public protest hearing shall include a statement of the total principal amount of unpaid assessments already levied against all property proposed to be assessed, as computed in the Engineer's Report, in accordance with Streets and Highways Section 2961(c). SECTION 7. The City Clerk is hereby further directed to file a copy of the proposed boundary map in the Office of the Los Angeles County Recorder, within fifteen (15) days of the adoption of the proposed boundary map; said boundary map to be in the manner and form as set forth in Division 4.5 of the California Streets and Highways Code commencing with Section 3100. SECTION 8. The City Clerk shall certify the adoption of this Resolution. -4- PASSED, APPROVED AND ADOPTED this 13th day of JulY , # ' 1993. ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) § CITY OF SANTA CLARITA ) I, Donna M. GYindey, 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 13th day of July , 1993 by the following vote of Council: AYES: COUNCILMEMBERS: Boyer, Darcy, Klajic, Pederson, Heidt NOES: COUNCILMEM 3ERS: None ABSENT: COUNCILMEM 3ERS: Ike •5- -",T -I COUNTY OF LOS ANGELES AND INTEGRATED CITY OF SANTA CLARITA (VALENCIA INDUS DANCING DISTRICT NO, 92-s TRIAL CENTER TRAFFIC SIGNAL )MMOVV4ENTS) JOINT PUBLIC FACILITIES AGREEMENT This AGREEMENT is made and entered into this 28th and between the COUNTY OF LOS ANGELES, a politica( subdivision of�,te 992' by California (the "County"), and the CITY OF SANTA CLARITq law city and municipal corporation (the "City"). CALIFORNIA a general RECITALS WHEREAS, the County adopted its Resolution No9216%n 14, - 25th 1992 theresi enters of the County; and is Joint Public Facilities Agreement (the "Agreement") would be beneficial to beneficial WHEREAS, the City adopted its Resolution No.9216& a„y- 25th declaring that this Agreement would be beneficial to the residents of , 1992, City; and WHEREAS' the City has received and filed a "Preli originally dated July 1, 1991, and u nunazY Report of Engineer" attached hereto and incorporated herein as as of August 25, 1992 (the "Engineer's R " (the "Improvements" " ", describin certainamort )' to be constructed in the genera, arra of the Valencia Industrial facilities and ustrial Center; WHEREAS, the County and the City intend to initiate proceedings for the formation Of an assessment district pursuant to the Landscaping with California Streets and Highways Code and Lighting Act of 1972, commencing District Act, commencin Section 22500, and the In g with California Government Code Section 53m175 �llectively "Acts"), designated the City of Santa Clarity and County of Los Angeles, integrated(Collectively, the IFinancing District No. 92-5 (Valencia Industrial Center Traffic Signal Ira g�tes FinancingrtDistricts) (the purposed boundaries for which are described in (the finance the construction and acquisition hi the Improvements; the P ments; and bodies of WHEREAS' Caldor Government Code Section 53179.5 authodms the legislative authorized by the Acts; 'and agencies to enter into an agreement to exercise any power WHEREAS, the County and the City intend for the Newhall Land and Fuming Company, a California limited partnership (the "Developer") to commence construction of the Improvements and Developer is willing and able to advance moneys or work -in-kind or commit to advance moneys or work -in-kind at such time and Improvements may be completed; and in sufficient amounts so that 7.. WHEREAS, a portion of the Improvements within the County's jurisdiction, wee constructed by the Developer to the County's satisfaction and pursuant to the Engineer 3 Report, shall be accepted for ownership, operation and maintenance by the County pun, to this Agreement; and WHEREAS, a portion of the Improvements within the City's jurisdiction, when constructed by the Developer to the City's satisfaction and pursuant to the Engineer' Report, shall be accepted for ownership, operation and maintenance by the City pursuant to this Agreement; and WHEREAS, the Developer is willing to proceed with the construction of the Improvements upon receipt of this Agreement, in executed form, from the County and the City indicating their commitment to reimburse the Developer for such advances upon receipt of moneys from contingent assessments to be levied for the payment of the Improvements for which the advances were made, pursuant to the terms of this Agreement. NOW, THEREFORE, the COUNTY OF LOS ANGELES and the CITY OF SANTA CLARITA hereby agree as follows: AGREEMENT 1. R=Wi. The above recitals are all true and correct. 2. Construction of I Mvements. The Improvements shall be constructed by Developer according to the County's and the City's plans and specifications, as may be applicable, and as more fully set forth in -the Reimbursement Agreement. Upon completion of the Improvements to the satisfaction of the County and the City, the County and the City shall accept the Improvements located within their respective jurisdictions. 3. ECRUIDWt• The County and the City hereby agree to repay the Developer the amount of its expenditures, without interest, as full payment for the moneys expended by Developer for the Improvements financed by the Integrated Financing District, solely from and upon receipt of morreys from contingent assessments to be levied under the Integrated Financing District proceedings conducted by the City, pursuant to the limitations of Section 7 herein. It is the intent of the parties that, following fornation of the Integrated Financing District, the County, City and Developer will execute a Reimbursement Agreement for repayment of said expenditures, pursuant to Government Code Section 53190 Lt M. 4. Cly Territory. The County shall permit the construction of the Improvements, pursuant to the Engineer's Report, to be completed in certain territory of the County outside of the City's boundaries. The County shall also grant, upon written request and by an appropriate instrument, all licenses and easements on County -w n property which may be necessary for the construction of the Improvements, or any par thereof. ISMA 2_ S. Use of the Improvement in County Temtory. Upon completion of construction pursuant to the Engineer's Report and to the satisfaction of the County, and acceptance by the County, of the Improvements located within the territory of the County, i!► said facilities shall be and remain the sole and separate property of the County. The Improvements within the territory of the County shall be operated, maintained and utilized by the County to serve the properties within the County and other lands pursuant to applicable rules, regulations, policies and procedures of the County. 6. Use of the Improvements within the City Boundaries. Upon completion of construction pursuant to the Engineer's Report and to the satisfaction of the City, and acceptance by the City, of the Improvements located within the City boundaries, said facilities shall be and remain the sole and separate property of the City. The Improvements within the City boundaries shall be operated, maintained and utilized by the City to serve the properties within the City and other lands pursuant to applicable rules, regulations, policies and procedures of the City. 7. Formation and Qperation of the Integrated Financing District. It is the intent of the parties that this Agreement is made pursuant to California Government Code Section 53179.5 and that the City retains all right, title and responsibility to control the formation and operation of the Integrated Financing District on the County's behalf as authorized by the Acts, including, but not limited to, conducting proceedings to create the Integrated Financing District, and confirming and collecting any levy. It is the intent of the parties to this Agreement that the City's authority granted by this Section is for the sole purpose of facilitating formation and operation of the Integrated Financing District and does not extend to any other actions or proceedings over which the County has proper jurisdiction and authority. 8. General. This Agreement contains the entire agreement between the parties with respect to the matters herein provided for, and may only be amended by a subsequent written agreement executed by all parties. This agreement may be executed in counterparts, each of which shall be deemed an original, but which together shall constitute a single agreement. 9. Governing Law. This Agreement shall be governed by, construed and interpreted in accordance with the laws of the State of California. 10. Severability. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. 11. Succession and Assigns. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. 6M.. -3- 12. . The parties hereto acknowledge that represented by counsel in the negotiation and preparation of this Agreement, a counsel have Participated in the drafting of this Agreement. 13. Effective Dane, This Agreement is effective upon its acceptance Of Supervisors of the County and the City Council of the City and its executio respective authorized representatives. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. COUNTY OF LOS ANGELES, CALIFORNIA By: Title: ATTEST: Clerk of the Board of Supervisors APPROVED AS TO FORM: DEWITT CLMTON, COUNTY COUNSEL By: CITY OF SAMA CLARITA, CALIFORNIA ATTEST: City Cleric APPROVED AS TO FORM: CARL K. NEWTON, CITY ATTORNEY ism.. -s-