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HomeMy WebLinkAbout1998-07-14 - RESOLUTIONS - LMD 1 ASMT LEVY (2)RESOLUTION NO. 98-98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA CONFIRMING ASSESSMENTS AND APPROVING THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN SANTA CLARITA STREET LIGHTING MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 1998-99, PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE WHEREAS, the City Council, by its Resolution No. 98-78, declared its intention to levy and collect assessments against lots and parcels of land within Santa Clarita Street Lighting Maintenance District No. 1(hereinafter referred to as the "District"), pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500, to pay for the costs and expenses of operating, maintaining, and servicing street lights and appurtenant facilities located within public rights-of-way within the boundaries of the District; WHEREAS, the Engineer selected by City Council has prepared and filed with the City Clerk, and the City Clerk has presented to the City Council, a report in connection with the proposed annual levy and collection of assessments against lots and parcels of land within the District, and the City Council did, by previous resolution, approve such report (the "Engineer's Report"); and WHEREAS, the City Council desires to levy and collect assessments against lots and parcels of land within the District for the fiscal year commencing July 1, 1998 and ending June 30, 1999, to pay for the costs and expenses of operating, maintaining, and servicing street lights and appurtenant facilities located within public rights-of-way within the boundaries of the District. NOW, THEREFORE, the City Council of the City of Santa Clarita does hereby resolve, determine, and order as follows: SECTION 1. Following notice duly given, the City Council has held a full and fair public hearing regarding its Resolution No. 98-98, the Engineer's Report prepared in connection with the District, and the levy and collection of assessments, and considered all oral and written statements, protests, and communications made or filed by interested persons. At the public hearing, the Engineer presented to the City Clerk, and the City Clerk presented to the City Council, the Engineer's Report. SECTION 2. With respect to the District, the City Council hereby finds that written protests have not been filed and not withdrawn by property owners representing more than 50 percent of the area of assessable land within the District. All oral and written protests and objections are hereby overruled by the City Council. The City Council hereby further finds that a majority protest does not exist as defined in Section 4(e) of Article XMD of the California Constitution. RESOLUTION NO. 98-98 July 14, 1998 — Page 2 SECTION 3. The City Council hereby orders the Engineer's Report as presented by the Engineer at the public hearing and now on file in the office of the City Clerk. The City Council hereby finds and determines, with respect to each parcel included in the Engineer's Report, that: (i) the land within the District will be specifically benefited by the operation, maintenance, and servicing of street lighting and appurtenant facilities located in public rights-of-way within the boundaries of the District; (ii) the District includes all lands so benefited; (iii) the net amount to be assessed upon the lots and parcels within the District in accordance with the assessment for fiscal year commencing July 1, 1998 and ending June 30, 1999, is apportioned by a formula and method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated special benefits to be received by each lot or parcel from the improvements; and (iv) only special benefits are assessed and no assessment is imposed on any parcel that exceeds the reasonable cost of the proportional special benefit conferred on that parcel. SECTION 4. The City Council hereby orders the proposed improvements to be made as set forth in the Engineer's Report, which improvements are briefly described as follows: The operation, maintenance, and servicing of street lights and appurtenant facilities, necessary for the daily operation of said lighting located in public rights-of-way within the boundaries of the District. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of street lighting and appurtenant facilities, including repair, removal, or replacement of all or part of any of the structures or appurtenant facilities. SECTION 6. The City Council hereby confirms the assessments set forth in the Engineer's Report. The maintenance, operation, and servicing of the street lighting and appurtenant facilities shall be performed pursuant to law. The County Auditor of Los Angeles County shall enter on the County assessment roll opposite each lot or parcel of land the amount of the assessment, and such assessments shall then be collected at the same time and in the same manner as the County taxes are collected. After collection by the County, the net amount of the assessment, after deduction of any compensation due the County for collection, shall be paid to the City Treasurer. SECTION 6. The assessments are in compliance with the provisions of the Act and Article XMD of the California Constitution, and the City Council has complied with all laws pertaining to the levy of the annual assessments pursuant to the Act and Article XIIID of the California Constitution. RESOLUTION NO. 98-98 July 14, 1998 — Page 3 SECTION 7. The assessments are levied for the purpose of paying the costs and expenses of the improvements described in Section 4 above for Fiscal Year 1998-99. SECTION 8. The City Treasurer shall deposit all money representing assessments collected by the County for the District to the credit of a special fund, and any such money shall be expended only for the maintenance, operation, and servicing of the street lighting and appurtenant facilities as described in Section 4. SECTION 9. The adoption of this Resolution constitutes the levy of assessments for the fiscal year commencing July 1, 1998 and ending June 30, 1999. SECTION 10. The City Council hereby adopts the budget for Street Lighting Maintenance District No. 1 for Fiscal Year 1998-99. SECTION 11. The City Clerk is hereby authorized and directed to file the assessments or a certified copy of the assessments with the County Auditor upon the adoption of this Resolution. SECTION 12. A certified copy of the assessments shall be filed in the office of the City Clerk and shall be open for public inspection. PASSED, APPROVED, AND ADOPTED this 1 4Yh day of jimy .1998. G4w9*19 - "/" ;;� City Clerk RESOLUTION NO. 98-98 July 14, 1998 — Page 4 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) as. CITY OF SANTA CLARITA ) I, Sharon L. Dawson, CMC, 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 14.th day of JULY , 1998 by the following vote of Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: DMK:IkI WUWai\MW9e.aa DARCY, FERRY, WESTE, RLAJIC, HEIDT NONE NONE 9 19 r DALE: 11/13/97 Ff-m 2 F.XHTRTT R PREPARED en DENNM AND CAPPENTER 906 EAST wim STREET SANTA PARA, GA 99060 MM) 535-5996 FA 1 SKETCHTO ACCOMPANY LEGAL ✓CSiRIp7/0IY