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HomeMy WebLinkAbout1998-06-23 - RESOLUTIONS - LMD T23A ASMT LEVY (2)RESOLUTION NO. 98-80 ZONE T23A FOR A MAJORITY OF "YES" BALLOTS A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, CONFIRMING THE DIAGRAM, AND THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN ZONE T23A FOR FISCAL YEAR 1998-99 AND CONFIRMING ASSESSMENTS PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE AND AS PROVIDED BY ARTICLE XIIID OF THE CALIFORNIA CONSTITUTION WHEREAS, the City Council, by its Resolution No. 98-56 initiated proceedings and declared its intention, to levy and collect assessments against lots and parcels of land within Santa Clarita Landscape Maintenance District No. 1, Zone T23A (hereinafter referred to as "Zone"), 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 ornamental structures landscaping and appurtenant facilities located within association common area within the boundaries of the Zones; and WHEREAS, the Engineer selected by the 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 Zone and the City Council did by previous resolution preliminarily 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 Zone 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 ornamental structures landscaping and appurtenant facilities located within association common area within the boundaries of the Zone; and WHEREAS, the City has conducted a mailed ballot election in connection with the levy of assessments within the Zone in accordance with Article XIIID of the California Constitution, and has tabulated ballots in accordance with the City of Santa Clarita's procedures for the completion, return, and tabulation of Assessment Ballots. 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. 98-80, 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, and has tabulated all ballots. 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 Zone T23A, the City Council hereby finds that written protests have not been filed and not withdrawn representing property owners owning less than 50 percent of the area of assessable land within each respective zone. 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 XIIID of the California Constitution. The final tally of the ballots is to be incorporated in this Resolution as Exhibit B. 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 zone included in the Engineer's Report, that: (I) The land within the Zone will be specially benefited by the operation, maintenance and servicing of ornamental structures, landscaping, including trees, shrubs, grass and other ornamental vegetation, and appurtenant facilities, including irrigation systems, located in public places within the boundaries of the Zones; and (II) The Zone includes all lands so benefited; and (III) The net amount to be assessed upon the lots and parcels within the zone 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, which exceeds the reasonable cost of the proportional special benefit conferred that parcel. SECTION 4. The City 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 ornamental structures, landscaping, including trees, shrubs, grass and other ornamental vegetation, and appurtenant facilities, including irrigation devices located in public places within the boundaries of the zone. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of ornamental structures landscaping and appurtenant facilities, including repair, removal or replacement of all or part of any of the ornamental structures, landscaping or appurtenant facilities; providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizer and treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste; and the cleaning, sandblasting and painting of walls and other improvements to remove or cover graffiti. Servicing means the furnishing of water and electricity for the irrigation ands control of the landscaping and the maintenance of any of the ornamental structures or appurtenant facilities. SECTION 5. The City Council hereby confirms the assessments set forth in the Engineer's Report. The maintenance, operation and servicing of the ornamental structures, landscaping 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 XIIID 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. 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 servicing of the landscaping 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 Clerk is hereby authorized and directed to file the assessments, or a certified copy of the assessment, with the County Auditor upon the adoption of this Resolution. SECTION 11. 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 23 day of June 1998. ATTEST: City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) 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 as a regular meeting thereof, held on the 23 day of June , 1998 by the following vote of Council: AYES: COUNCILMEMBERS Weste, R'_ajic, Darcy, Ferry, Hei.dt NOES: COUNCILMEMBERS None ABSENT: COUNCILMEMBERS None A j City Clerk District\reso9880.doc EXHIBIT "B" - BALLOT RESULTS ZONE T23A - Mountain View Courtyards Final Ballot results will not be available until the Public Hearing Number of "YES" Ballots Number of "NO" Ballots Total Ballots Received Percentage of Ballots received 77% 23% 100% Resolution 98-80 51 % or greater of the ballots received determines whether ballot passes. If the majority response is "YES," Resolution 98-80 is to be adopted. If the majority response is "NO," Resolution 98-81 is to be adopted. Total Ballots mailed: 392 Total responses received: 195 Percent of response: 50% (For information only) SAPROSTRICnBALLOT.XLS 8/23/98 4:50 PM