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HomeMy WebLinkAbout1999-03-09 - RESOLUTIONS - SPECIAL IMPROVEMENT DIST (2)RESOLUTION NO. 99-36 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, OVERRULING AND DENYING PROTESTS; MAKING CERTAIN FINDINGS IN A SPECIAL IMPROVEMENT DISTRICT; AND CONFIRMING THE ASSESSMENT, APPROVING THE ENGINEER'S REPORT AND DESIGNATING THE TREASURER TO COLLECT AND RECEIVE MONEY WHEREAS, the City Council ("City Council") of the City of Santa Clarita, California ("City") has, by Resolution No. 99-8, adopted on January 12, 1999 ("Resolution of Intention"), declared its intention to order the construction and/or acquisition of certain public improvements, pursuant to terms and provisions of the Municipal Improvement Act of 1913 ("Act"), being Division 12 of the Streets and Highways Code of the State of California, in an improvement district designated as "ASSESSMENT DISTRICT NO. 99-1 (VERMONT DRIVE/EVERETT DRIVE IMPROVEMENTS)" (hereinafter referred to as the "District"); and WHEREAS, the City Council in and by said Resolution referred said proposed improvements to the Engineer of Work for the District, and directed said Engineer of Work to make and file with the City Clerk a report in writing containing the matters specified in Section 10204 of the Streets and Highways Code, which report was thereafter filed on January 12, 1999, and was preliminarily approved by the City Council by Resolution No. 99-9, adopted by the City Council on January 12, 1999; and WHEREAS, the Engineer's Report, as preliminarily approved and now presented in final form ("Engineer's Report"), does contain all the matters and items called for by law pursuant to the provisions of the Act and other applicable laws, including the following: (a) A general description of public improvements to be included in the District; (b) Plans and specifications of the proposed improvements; (c) Estimate of cost; (d) Diagram of the District; (e) An assessment for the improvements according to the benefits; (f) A provision for maidmurn annual assessments for administration of the District; (g) Information required to be included pursuant to Section 2961(b) of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931; and RESOLUTION NO. 99-36 March 9, 1999 — Page 2 WHEREAS, the City Council, pursuant to Resolution No. 99-9, fixed 6:30 p.m. on Tuesday, March 9, 1999, at the City Council Chambers, City of Santa Clarita, 23920 Valencia Boulevard, Santa Clarita, California 91355, as the time and place for hearing of protests to said proposed improvements and the levy of assessments therefor and provided notice of said hearing according to law; and WHEREAS, the City Clerk has filed with the City Council an affidavit setting the time and manner of compliance with the requirements of law for mailing notice of the adoption of said Resolution of Intention and of the filing of said report and of the time and place for a public hearing of protests to said proposed improvements, or the extent of the District or to the proposed assessment; and the City Council hereby finds such notice to have been mailed in the time, form and manner required by law, including the mailing of assessment ballots in accordance with Article XIIID of the California Constitution and Section 53753 of the California Government Code; and WHEREAS, said public hearing was duly convened by the City Council at the time 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 boundaries of the District, the City contribution, the improvements to be acquired, the method and formula of the assessment spread and the finding of benefits received by the respective properties assessed for the proposed improvements and the apportionment of said benefits were heard and considered; and WHEREAS, the public hearing on the District was ordered closed; and WHEREAS, the assessment ballots submitted to the City Clerk, and not withdrawn, have been tabulated by the City Clerk and weighted in accordance with the amount of the proposed assessment to be imposed upon the identified parcels for which assessment ballots were submitted and the results have been announced. 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. The City Council 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 California Government Code, have been taken and satisfied. RESOLUTION NO. 99-36 March 9, 1999 — Page 3 Section 3. All protests and objections of every kind and nature be, and the same hereby are, overruled and denied, and the City Council finds and determines that the assessment ballots in support of the proposed assessments exceed those in opposition to the proposed assessment, and therefore a majority protest does not exist as defined in Section 4(e) of Article XIIID of the California Constitution. Section 4. It is hereby further determined and declared that all properties within the boundaries of the District will be specially benefited by the works of improvement as proposed for said District and the District includes all lands specially benefited. 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 in direct proportion to the special benefits received thereby, only special benefits have been assessed and no assessment will be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel. [The City Council also finds and determines that the proposed amount of the City contribution constitutes more than a reasonable estimate of the proportion of benefit to the general public.] Section 5. The Engineer's Report, including the assessment and diagram for the improvements, together with appurtenances and appurtenant work in connection, is hereby approved and the assessment contained therein is hereby confirmed. Section 6. The public interest and convenience require the proposed improvements to be constructed and/or acquired, and therefore it is hereby ordered that the work be done and the improvements be constructed and acquired in the District, as set forth in the Engineer's Report previously presented and considered. Section 7. The assessment contained in the Engineer's Report is hereby levied upon the respective subdivisions of land in the District as set forth in the Engineer's Report. Section 8. The Engineer of Work shall forthwith deliver to the Superintendent of Streets said assessment, together with the diagram attached thereto and made a part thereof, as confirmed, with his certificate of such confirmation attached and the date thereof, and the Superintendent of Streets shall then immediately record said diagram and 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 9. The Superintendent of Streets, upon the recording of the diagram and assessment, is hereby directed to mail to each owner of real property within the District at his last known address, as the same appears on the tax rolls RESOLUTION NO. 99-36 March 9, 1999 – Page 4 of the County of Los Angeles or is on file with the City Clerk of the City, or to both addresses if said address is not the same, or to General Delivery when no address so appears, a statement containing a designation by street number or other description of the property assessed sufficient to enable the owner to identif�- the same, the amount of the assessment securing such 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 unpaid assessments pursuant to the Improvement Bond Act of 1915 (Sections 8500 and following of the Streets and Highways Code). Section 10. The Finance Director is hereby designated to collect and receive the money paid pursuant to said District as herein confirmed. The Superintendent of Streets is hereby ordered and directed to give notice by publishing a copy of a notice of recording of assessment in the Signal, once a week for two successive weeks, giving notice that said assessment has been recorded in his office, and that all amounts assessed thereon are due and payable immediately, and that the payment of said amount is to be made within thirty (30) days after the date of recording the assessment, which date shall be so stated in said notice, and of the fact that securities will be issued upon unpaid assessments. Section 11. Upon confirmation of the assessment and recordation of the assessment roll and diagram, a certified copy of the 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 Notice of Improvement shall be completed and recorded in the office of the County Clerk and Recorder of the County of Los Angeleq 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 12. This Resolution shall take effect immediately upon its adoption. PASSED, APPROVED and ADOPTED this -9th —day of March 1999. kyOR A 0M. CITY CLERK RESOLUTION NO. 99-36 March 9, 1999 — Page 5 STATE OF CALIFORNIA COUNTY OF LOS ANGELES )as. 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 9th day of March , 1999 by the following vote of Council: AYES: COUNCILMEMBERS: Heidt, Ferry, Weste, Klajic, Darcy NOES: COUNCILMEMBERS: Non,� ABSENT: COUNCILMEMBERS: None CITY CLERK