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HomeMy WebLinkAbout1997-06-24 - RESOLUTIONS - LMD 1 ZONE 1-5 ASMT (2)RESOLUTION NO. 97-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CONFIRMING THE DIAGRAM AND ASSESSMENT AND LEVYING THE ASSESSMENTS WITHIN ZONE NOS. 1 THROUGH 5 OF THE SANTA CLARITA LANDSCAPE MAINTENANCE DISTRICT NO. 1 WHEREAS, on November 10, 1982, the Santa Clarita Landscape Maintenance District No. 1 was formed in accordance with the Landscape and Lighting Maintenance Act of 1972; and WHEREAS, this is the proceeding for the annual update and Engineer's Reports for levying the annual assessments for zones one through five; and WHEREAS, on May 27, 1997, the City Council of the City of Santa Clarita (the "City Council"), adopted Resolution No. 97-59, initiating proceedings for Santa Clarita 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 reports in accordance with Article 4 of the Landscaping and Lighting Act of 1972 (the "Engineer's Reports") and the City Council adopted Resolution No. 97-59 preliminarily approving the reports; and WHEREAS, on May 27, 1997, the City Council passed Resolution No. 97-59 (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, on June 24, 1997, 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 levy and collection of assessments in connection therewith; and WHEREAS, the Notice of Public Hearing was duly and legally published in the time, form and manner as required by law, and the Affidavit of Publication is filed with the City Clerk; and WHEREAS, written protests against the proposed formation of the District and/or the levy and collection of assessments in connection therewith have not been made by owners representing more than one-half of the areas of land within the District; and WHEREAS, the City has duly received and considered evidence, both oral or documentary, concerning the jurisdictional facts in this proceeding and concerning the necessity for the District and concerning the proposed levy and collection of assessment in connection therewith and has not acquired jurisdiction to order the proposed assessments in connection therewith. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA does resolve as follows: RESOLUTION NO. 97-78 June 24, 1997 - Page 2 SECTION 1. The above recitals are all true and correct and the City Council is satisfied with the correctness of the Engineer's Report, including the proceedings and all matters relating thereto. SECTION 2. Written protests against the levy and collection of assessments in connection therewith were not made by owners representing more than one-half (U2) of the area of land within the District and any protest made, if any, was duly considered by the City Council. SECTION 3. The reports filed by the City Engineer on May 27, 1997, and each component part of the reports, including each exhibit incorporated by reference, is hereby approved on June 24, 1997. SECTION 4. The City Council determines that the cost is related to the benefit to each parcel and that the annual aggregate amount of the assessment does not exceed the estimated annual cost of providing the service, and the amounts to be assessed against the individual parcels described in the Engineer's Report, and as set forth in the resolution of intention, are hereby approved and confirmed and are hereby levied by said Council as special assessments against said parcels for fiscal year 1997-1998. SECTION 5. The adoption of this resolution constitutes the levy of the assessment as set forth in the Engineer's Reports for the Fiscal Year 1997-98. SECTION 6. The City Clerk is hereby authorized and directed to file a certified copy of the assessments respecting the District with the County Auditor/Tax Collector of Los Angeles County no later than August 10, 1997. SECTION 7. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED AND ADOPTED this 24ttday of June 1997. ATTEST: City Clerk RESOLUTION NO. 97-78 June 24, 1997 - Page 3 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) § CITY OF SANTA CLARITA ) I, Sharon L. Dawson, CMC, 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 24th day of Tunes 1997 by the following vote of Council: AYES: COUNCILMEMBERS: Boyer, Darcy, Hei.dt, K'aji.c, Spyth NOES: COUNCILMEMBERS: tkme ABSENT: COUNCILMEMBERS: ¢lone 7 rJ City Clerk NED:lkl oounnl \m9748 ned