The URL can be used to link to this page

Home My WebLink About2002-08-27 - RESOLUTIONS - LMD 1 CREEKSIDE HIDDEN CREEK (3)RESOLUTION NO. 02-137 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, APPROVING THE ENGINEER'S REPORT, ORDERING THE ANNEXATION OF TRACT MAP NOS. 44831-02 AND 44831-03 (CREEKSIDE AND HIDDEN CREED INTO SANTA CLARITA LANDSCAPE MAINTENANCE DISTRICT NO. 1 AS ZONE 7, AND THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN SAID ANNEXATION, AND CONFIRMING DIAGRAM AND ASSESSMENT 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, initiated proceedings and declared its intention to annex territory to Santa Clarita Areawide Landscape Maintenance District No. 1 and to establish the area as Zone 7 (the "Annexation') and to levy and collect assessments against lots and parcels of land within said Annexation 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 (the "Act"), to pay for the costs and expenses of operating, maintaining, and servicing ornamental structures, landscaping and appurtenant facilities located within public places within the boundaries of the Annexation; and WHEREAS, the Engineer's report has been prepared and filed with the City Clerk, and the report has been presented to the City Council, said reports in connection with the proposed Annexation and the proposed annual levy and collection of assessments against lots and parcels of land within the Annexation, and the City Council did by previous Resolution approve said Engineer's report (the "Engineer's Report"); and WHEREAS, the City Council desires to establish the Annexation within the District and levy and collect assessments against lots and parcels of land within the Annexation as there is a need to provide for the maintenance and installation of landscaping, to pay for the costs and expenses of operating, maintaining, and servicing ornamental structures, landscaping and appurtenant facilities located within public places within the boundaries of the Annexation; and WHEREAS, the Developer of property within the Annexation is the sole owner of that certain property located in the City of Santa Clarita, and have signed a petition and Assessment Ballot in favor of the annexation and formation of the District and have waived all statutory notices of hearing and notice periods and their right of majority protest and noticing requirements. NOW, THEREFORE, the City Council of the City of Santa Clarita does hereby resolve as follows: SECTION 1. Following notice duly given, the City Council has held a full and fair public hearing regarding its Resolution, the Engineer's Reports prepared in connection with Resolution No. 02-137 Page 2 the proposed annexation and formation 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. SECTION 2. The City Council hereby finds that a majority protest does not exist as defined in Section 4(e) of Article XIIID of the California Constitution with respect to the Annexation. All oral and written protests and objections to this Annexation and the proposed levy and collection of assessments are hereby overruled by the City Council. SECTION 3. Based upon its review of the Engineer's Report, copies of which have been presented to the City Council and which have been filed with the City -Clerk, and other reports and information, the City Council hereby finds and determines with respect to the Annexation included in the Engineer's Reports, that: (i) the land within the Annexation 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 or adjacent to the boundaries of the Annexation and within the Zone; and (H) the Annexation includes all lands so specially benefited; (iii) the net amount to be assessed upon the lots and parcels within the Annexation in accordance with the assessment, 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 on that parcel. SECTION 4. The City Council hereby orders the proposed improvements to be included within the Annexation and formation as set forth in the Engineer's Report, and the 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 systems, located in public places within the boundaries of the Annexation within the District. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of the 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, fertilizing, and treating for disease or Wury; the removal of trimmings, rubbish, debris and other solid waste; and the cleaning. Resolution No. 02-137 Page 3 Servicing means the furnishing of water and electricity for the irrigation and control of the landscaping and the maintenance of any of the ornamental structures or appurtenant facilities. SECTION 5. The City Council hereby confirms the diagrams and assessment 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 forwarded to the City Treasurer. SECTION 6. The assessments are in compliance with the provisions of the Act and Article XITID of the California Constitution, and the City Council has complied with all laws pertaining to the levy of annual assessments pursuant to the Act and Article XIIID of the California Constitution. SECTION 7. The City Treasurer shall deposit all money representing assessments collected for the Annexation to the credit of a separate fund. Said fund shall be expended only for the maintenance, operation and servicing of the ornamental structures, landscaping and appurtenant facilities as described in Section 4 above. SECTION 8. A certified copy of the diagrams and assessments shall be filed in the office of the City Clerk and shall be open for public inspection. SECTION 9. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 27th day of August, 2002. ATTEST: CITYOLERX —_ Resolution No. 02-137 _ Page 4 , STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Sharon L. Dawson, CMC, 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 27th day of August, 2002, by the following vote: AYES: COUNCILMEMBERS: Weste, McLean, Kellar, Smyth, Ferry NOES: COUNCILMEMBERS: None ABSENT:, COUNCILMEMBERS: None M i i �� 1-6vol NED:ltk:hds fin \ council \ LMDAnnex44831ph.doc