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HomeMy WebLinkAbout1999-05-11 - RESOLUTIONS - LMD T31 ORDER LEVY (2)RESOLUTION NO. 99-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, CALIFORNIA, INITIATING PROCEEDINGS FOR THE SANTA CLARITA LANDSCAPE MAINTENANCE DISTRICT NO. T31, ORDERING THE PREPARATION OF AN ENGINEER'S REPORT, MODIFYING THE DISTRICT BOUNDARIES, DECLARING ITS INTENTION TO ORDER THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE FISCAL YEAR 1999/2000 AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO The City Council of the City of Santa Clarita pursuant to the provisions of the Landscaping and Lightinp Act of 1972, being division 15 of the Streets and Highways Code of the State of California (the "Act"), desires to initiate proceedings for the Santa Clarita Landscape Maintenance District No. T31 (the "District") and for the levy and collection of additional assessments within the proposed Dsitrict for the fiscal Year 1999/00, for the purposes provided therefor in the Act; and The public interest and convenience require the City to initiate proceedings for the levy of additional assessments within the District for the Fiscal Year 1999/00, for the purposes provided thereof in the Act; and Section 22622 of the Act requires the City to adopt a resolution generally describing any proposed new improvements or any substantial changes in the existing improvements and ordering the Engineer to prepare and file a report in accordance with Article 4 of the Act. WHEREAS, as a condition of its original approval for development previously the County and now the City of Santa Clarita (hereinafter referred to as the "City") has required that the original developer install landscape improvements adjacent to the Project, as more particularly shown as Landscape Improvement Areas (hereinafter referred to as the "Improvement Areas") on Exhibit "A" attached hereto, be improved with landscaping and related improvements to a standard acceptable to the City, and that the original Developer provide a means satisfactory to the City for assuring the continued maintenance, operation, and servicing of the Improvement Areas and improvement thereto; and . WHEREAS, the improvements to be installed, constructed or maintained within the proposed District may include installation, construction or maintenance of any authorized improvements under the Act, including, but not limited to landscape and irrigation improvements and any facilities which are appurtenant to any of the aforementioned or which are necessary or convenient for the maintenance or servicing thereof, and WHEREAS, the current district boundaries include undeveloped territory which is under separate ownership and currently riot landscaped; and WHEREAS, the City and current Developer desire to remove the undeveloped territory from the District; and WHEREAS, the undeveloped territory does not benefit from the adjacent tract's landscaping; and WHEREAS, the responsibility is now on the individual property owners within the development to provide a means satisfactory to the City for assuring the continued maintenance, operation, and servicing of the Improvement Areas and improvement thereto; and WHEREAS, the current assessment rate is inadequate to maintain the current facilities; and WHEREAS, in order to maintain the facilities at a standard acceptable to the City the assessment rate will need to be increased; and WHEREAS, Proposition 218, the Right to Vote On taxes Act does hereby require that if the assessment rate is to be increased, a notice of the proposed assessment along with a ballot shall be mailed to all owners of identified parcels within the Distinct, and that the agency shall conduct a public hearing not less than 45 days after the mailing of said notice; and WHEREAS, the City has prepared a diagram attached as Exhibit "A", which is designated Santa Clarita Landscape Maintenance District No. T31 and an assessment showing the proposed boundaries of the District which is benefited by the improvements and the amount to be assessed against each of the parcels within the proposed District; and WHEREAS, the diagram and assessment have been filed with the City Clerk and are open to public inspection, and may be referred to for all details regarding the improvements, the boundary of the proposed District, the assessments, total costs, and description of the parcels to be assessed; and WHEREAS, this City Council has examined and considered the diagram, assessment, and the proceedings prior thereto. NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, STATE OF CALIFORNIA: 1. That the above recitals are true and correct; and 2 That the City hereby orders the Engineer's Report to reflect the modification of the district boundaries, removing all vacant territory currently under development; and 3. That the City hereby proposes an increase in the assessment rate for the single family homes in Santa Clarita Landscape Maintenance District No. T31, generally located at Soledad Canyon Road at Shangri-La Drive and to levy annual assessments thereon to provide for the following work; and Installation, construction or maintenance of any authorized improvements under the Act, including, but not limited to landscape and irrigation improvements and any facilities which are appurtenant to any of the aforementioned or which are necessary or convenient for the maintenance or servicing thereof 4. The City Manager is directed to cause the preparation of a report in accordance with Article 4 of the Act for the District, and upon completion, to file said report with the City Clerk, who shall then submit the same to the City Council for its consideration; and 5. In accordance with the City Council's order, the City's Engineer has filed the Engineer's Report with the City Clerk required by Article 4 if the Act and entitled "Engineer's Report Santa Clarita Landscape Maintenance District No. T31 Fiscal Year 1999/2000" (the "Engineer's Report"). All interested persons are referred to the Engineer's Report for a full and detailed description of the improvements, the proposed increase in assessments upon assessable lots and parcels of land within the District and its specific zones;and 6. The Engineer' Report has been presented to the City Council and the City Council has duly considered each and every part of the Engineer's Report; and 7. A Diagram for the District (Section 22570 of the Streets and Highways Code) and an assessment (Section 22572 of the Streets and Highways Code) showing the area to be benefited, and assessed for the improvements has been prepared as Exhibit "A". The diagram, assessment, and improvement plans have been filed with the City Clerk; and 8. The diagram, which indicates by a boundary line the extent of the District, is hereby declared to describe the proposed boundaries of the District and shall govern for all details as to the extent and location of said District; and 9. This City Council is satisfied with the correctness of the diagram and assessment including the proceedings and all matters relating thereto; and 10. The public interest and convenience require and it is the intention of the City Council of the City to levy and collect additional assessments within the District for the Fiscal Year 1999/2000; and 11. The City Council hereby finds that each and every part of the Engineer's Report is sufficient and the City Council hereby preliminarily approves, passes on and adopts the Engineer's Report as submitted to the City Council and filed with the City Clerk. The preliminary report shall stand as the Engineer's Report for the purposes of all subsequent proceedings pursuant to this Resolution of Intention; and 12. The Cfty Council does hereby reference the Engineer's Report which indicates the amount of the proposed increased assessments, the District boundary, detailed description of improvements, and the method of assessment. The Engineer's Report is on file in the office of the City Clerk and reference to the Engineer's Report is hereby made for all particulars; and 13. That notice is hereby given that on the W day of July, 1999 at the hour of 6:30 p.m., or as soon thereafter as possible, in the City Council Chamber at 23920 Valencia Boulevard, in the City of Santa Clarita, the City will hold a public hearing to receive and tabulate all ballots with reference to the District pursuant to the Right to Vote On Taxes Act; and 14. The City Clerk shall certify to the adoption of this Resolution PASSED, APPROVED AND ADOPTED this i i th day of may '1999. a z/� ,,, �Z�- ,�*AYOR ATTEST: CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF SANTA CLARITA I, Sharon 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 1 1 th day of May 199 9 by the following vote of Council: AYES: COUNCILMEMBERS: Heidt, Ferry, Weste, Klajic, Darcy NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None CITY CLERK NED:Itk district/31balns.doc Zcne T-31 MAP SHANGRI-LA and OUTLOOK . . . . . . . . . . Ll K - All 71 Li TIN . . . . . . . . . if �- ; �\ , - 1. - -..? . f r - L It 71 Li TIN . . . . . . . . . if