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HomeMy WebLinkAbout1999-06-08 - RESOLUTIONS - ASMT DIST 99-1 (2)RESOLUTION NO. 99-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA APPROVING THE CHANGE OF BOUNDARIES OF ASSESSMENT DISTRICT NO. 99-1, CONFIRMING THE ASSESSMENT, AND APPROVING THE ENGINEER'S REPORT AS AMENDED WHEREAS, the City Council ("City Council") of the City of Santa Clarita, California ("City") has, by Resolution No. 99-84, adopted on May 25, 1999 ("Resolution of Intention"), and pursuant to Chapter 4.5 of the Municipal Improvement Act of 1913 ("Act"), being Division 12 of the Streets and Highways Code of the State of California, and a petition signed by the affected property owner, declared its intention to change the boundaries of Assessment District No. 99-1 (Vermont Drive/Everett Drive Improvements) (hereinafter referred to as the "District") to include the parcel owned by the affected property owner ("Parcel") and to impose an assessment thereon relating to the improvements to be funded by the District; and WHEREAS, the Engineer's Report has been modified by the Engineer of Work to include the Parcel within the District and to reflect the assessment related thereto ("Amended Engineer's Report"), and has been preliminarily approved by the City Council; and WHEREAS, no other parcels or assessments within the District nor any descriptions or improvements previously described or approved in Resolution Nos. 99-8, 99-9 and 99-36, and the original Engineer's Report have been affected by said amendment in the Amended Engineer's Report; and WHEREAS, the Amended Engineer's Report, as preliminarily approved and now presented in final form, does contain all the matters and items called for by law pursuant to the provisions of the Act and other applicable laws; and WHEREAS, the City Council pursuant to Resolution 99-84 set Tuesday, June 8, 1999, at the City Council Chambers, City of Santa Clarita, 23920 Valencia Boulevard, Santa Clarita, California 91355, as the date and place for hearing of protests to -said proposed change and the levy of assessment on the Parcel, and provided notice of said hearing according to law; and WHEREAS, the City Clerk has filed with the City Council an affidavit setting forth the time and manner of compliance with the requirements of law for publishing notice of the adoption of said Resolution of Intention and of the filing of said report and of the date and place for a public hearing of protests to said change, -- or to the proposed assessment; and the City Council hereby finds such notice to have been given in the time, form, and manner required by law, including the mailing of the assessment ballot; and RESOLUTION NO. 99-100 June 8, 1999 — Page 2 WHEREAS, said public hearing was duly convened by the City Council at the date and place set therefor; and WHEREAS, all protests and objections were presented to the City Council and duly heard and considered, and all matters as to the change in the boundaries of the District were heard and considered; and WHEREAS, the public hearing on the District was ordered closed; and WHEREAS, the assessment ballot submitted to the City Clerk, and not withdrawn, was tabulated and the results were announced; and WHEREAS, the City Council finds and determines that the assessment ballot in support of the proposed change and assessment exceeds those in opposition to the proposed change and assessment, and therefore a majority protest does not exist; and WHEREAS, the City Council further finds and determines that all actions required to be taken and all conditions required to be satisfied prior to action by this City Council pursuant to law, including the Act and Section 53753 of the Government Code, have been taken and satisfied. NOW, THEREFORE, the City Council of the City of Santa Clarita does hereby resolve as follows: Section 1. The above recitals are all true and correct. Section 2. It is determined that the assessment ballot in support of the proposed change and assessment exceeds those in opposition to the proposed change and assessment, and therefore a majority protest does not exist. Section 3. It is hereby further determined that the Parcel is directly and specially benefited from the works of improvement as proposed for said District, and it is hereby further determined and declared that all assessable costs and expenses have been apportioned and spread over the properties within the boundaries of the District, including the Parcel, in direct proportion to the special benefits received thereby. Section 4. The Amended Engineer's Report, including the amended assessment and amended diagram for the improvements, together with appurtenances and appurtenant work in connection herewith, is hereby approved, and the amended assessment contained therein is hereby confirmed and shall supersede all previous assessments. '— Section 5. The assessment contained in the Amended Engineer's Report is hereby levied upon the Parcel as set forth in the Amended Engineer's Report. RESOLUTION NO. 99-100 June 8, 1999 — Page 3 Section 6. The Engineer of Work shall forthwith deliver to the City Engineer said amended assessment, together with the amended diagram attached thereto and made a part thereof, as confirmed, with his certificate of such confirmation attached and the date thereof; and the City Engineer shall then immediately record said amended diagram and amended assessment in his office in a suitable book to be kept for that purpose and attach thereto his certificate of the date of such recording. Section 7. The City Engineer, upon the recording of the amended diagram and amended assessment, is hereby directed to mail to the affected property owner a statement sufficient to enable the owner to identify the amount of the assessment securing the related series of bonds, the time and place of payment thereof, the effect of failure to pay within such time, and a statement of the fact that bonds will be issued on the unpaid assessment pursuant to the Improvement Bond Act of 1915 (Sections 8500 and following of the Streets and Highways Code). Section 8. The Director of Administrative Services is hereby designated to collect and receive the money paid pursuant to said Parcel as herein confirmed. Section 9. Upon confirmation of the assessment and recordation of the amended assessment roll or amendment thereto and amended diagram, a certified copy of the amended assessment diagram shall be immediately filed in the office of the County Clerk and Recorder of the County of Los Angeles. Immediately thereafter, a copy of the amended Notice of Improvement shall be completed and recorded in the office of the County Clerk and Recorder of the County of Los Angeles in the manner and form as set forth by law and specifically Section 3114 of the Streets and Highways Code of the State of California, whereupon said assessment shall become a lien upon the land on which it is levied, pursuant to the Act. Section 10. This resolution shall take effect immediately upon its adoption. PASSED, APPROVED and ADOPTED this 8th day of June _1929--. 1�YOR ATTEST: CITY CLERK RESOLUTION NO. 99-100 June 8, 1999 — Page 4 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the 8th day of June 1999 by the following vote of Council: AYES: NOES: ABSENT: COUNCILMEMBERS: Weste, Klajic, Heidt, Ferry, Darcy COUNCILMEMBERS: None COUNCILMEMBERS: CCP:tw comcihm99-100.doc None W—t'� r6z9L�. CITY CLERK v cAMA241 ^ pp .¢ e 3 fib: —bf�g� ggi < .t; ' ] z ; loll baap !s ilia � p Iii �� .'!5 p3 j pppp °2ob: �i eE�3b3�:i iyyi Op g �� .►'� a �: d9d� it ai9e 0�ii loe ails ' p Idnb m'• al m � 21 BB c Y ®i'�! m D m ® m o81�� ,1 p ml m ml ml Im I m % a i m m m m i,. m m m m u 77 ID T m - _ ; I �i® m m ® m a W ggV zi ® Z WLu Z C ® I 91 ....m Q V 61 0l Is 8 mil 1 0l o ai Q y= !I o Ilo tu m — u2 - 01 LU Uj It x si Is 0 {.y.—t----" Aq rt a Wy� __`� o - - Y Q spa i 8'i i 13 I a City of Santa Clanta (Revised 5/11/99)