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Home My WebLink About2002-02-12 - RESOLUTIONS - LMD T1 THREE DEVELOPMENTS (2)RESOLUTION NO. 02-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA APPROVING THE ENGINEER'S REPORT, ORDERING THE ANNEXATION OF THREE DEVELOPMENTS: (Al) TRACT NO. 44831-03 (CREEKSIDE); (A2) PARCEL MAP 26125 (SMYTH DRIVE); AND (A3) PARCEL MAP 25885 (SMYTH DRIVE) INTO SANTA CLARITA AREAWIDE LANDSCAPE MAINTENANCE DISTRICT NO. Tl, AND THE ANNEXATION OF TWO DEVELOPMENTS (Bl) TRACT NO. 50484 (JACK-IN-THE-BOX); AND (B2) PARCEL MAP 25916 (FLYING TIGER) INTO SANTA CLARITA LANDSCAPE MAINTENANCE DISTRICT NO 1, ZONE 2, AND THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN SAID ANNEXATIONS, 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. Tl and No. 1 and to establish the areas as Tl -N, T1-0, Tl -P, Zone 2D, and Zone 2E (the "Annexations") and to levy and collect assessments against lots and parcels of land within said Annexations 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 i places within the boundaries of the Annexations; and WHEREAS, the Engineer's reports have 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 Annexations and the proposed annual levy and collection of assessments against lots and parcels of land within the Annexations, and the City Council did by previous Resolution approve said reports (the "Engineer's Reports"); and WHEREAS, the City Council desires to establish the Annexations within the District and levy and collect assessments against lots and parcels of land within the Annexations 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 Annexations; and WHEREAS, the Developers of the Annexations, are the sole owners of that certain property located in the City of Santa Clarita, and have signed individual petitions and Assessment Ballots in favor of the annexations and formation to the Districts and formation of the Annexations and have waived all statutory notices of hearing and notice periods and their right of majority protest and noticing requirements. NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, STATE OF CALIFORNIA: 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 the proposed annexation and formation and the levy and collection of assessments, and c•n s 4 1 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 Annexations. All oral and written protests and objections to these Annexations 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 Reports 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 Annexations included in the Engineer's Reports, that: (i) the land within the Annexations 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 Annexations and within the Districts; and the Annexations include all lands so specially benefited; (iii) the net amount to be assessed upon the lots and parcels within the Annexations 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 Annexations and formations as set forth in the Engineer's Reports, 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 Annexations within the Districts. 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 injury; the removal of trimmings, rubbish, debris and other solid waste; and the cleaning. 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 assessments set forth in the Engineer's Reports. The maintenance, operation and servicing of the ornamental structures, landscaping and appurtenant facilities shall be performed pursuant to law. The Resolution 02-21 Page -S, County Auditor of Los Angeles County shall enter on the County Assessment Roll opposite each:lot.or.parcel of landthe amount of the assessment, and such assessments shall then be collectedat'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 XIIID 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 XHID of the California Constitution. SECTION 7. The City Treasurer shall deposit all money representing assessments collected for the Annexations to the credit of separate funds. Said funds 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 12`h day of February 2002. MAYOR ATTEST: CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Sharon 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 12th day of February, 2002, by the following vote of Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: NED:ltk Distnct\aesolaticros\l * D)annee-12ph.doe Weste, Darcy, Kellar, Smyth, Ferry None None