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HomeMy WebLinkAbout2002-06-25 - RESOLUTIONS - SMD LEVY ASMT (2)RESOLUTION NO. 02-111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA ORDERING THE LEVY OF, ASSESSMENTS AND CONTINUED MAINTENANCE FOR SANTA CLARITA LANDSCAPE MAINTENANCE DISTRICT NUMBERS 1, Tl, AND T1A FOR FISCAL YEAR 2002/2003 WHEREAS, the City Council of the City of Santa Clarita, pursuant to the provisions' of the Landscaping and Lighting Act of 1972, being Division 15 of the Streets and Highways Code of the State of California (the "Act"), adopted Resolution No. 02-83 on the 28" day of May 2002, to initiate proceedings for the annual levy of assessments for Santa Clarita Landscape Maintenance District Nos. 1, Tl, and TLA, which include Annexation Nos. 1, 2, 2A, 2B, 2C, 2D, 2E, 2F, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, Zone Nos. T2, T3, T4, T5, T6, T7, T8, T9, T10, T17, T23, T23A, T23B, T29, T30, T31, T42A, T42B, T42C, and T46 (the "Districts") for Fiscal Year 2002/2003, for the purposes provided therefore in the Act; and WHEREAS, said Resolution was duly and legally published in the time, form, and manner as required by law, and said Resolution is on file in the Office of the City Clerk; 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 District, and that the agency shall conduct a public hearing not less than 45 days after the mailing of said notice; and WHEREAS, the assessments for Fiscal Year 2002/2003 are not proposed to be increased above the approved Consumer Price Index (CPI); and WHEREAS; the current CPI has been determined to be 3.3% percent, calculated from the annual average; and WHEREAS, notices and assessment ballots are not required if assessments are not increased, other than for the amount of the current CPI; and WHEREAS, the City has prepared a diagram attached as Exhibit "A," which is designated Santa Clarita Landscape Maintenance District Nos. 1, Tl, and T1A showing the boundaries of the District which are benefited by the improvements, and the amount to be assessed against each of the parcels within the 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 District, the assessments, total costs, and description of the parcels to be assessed; and WHEREAS, the Streets and Highways Code has provisions for the administration of the landscape districts and defines the duties and responsibilities for the administration of the landscape districts. Resolution No. 02-111 Page 2 WHEREAS, this City Council has examined and considered the diagram, assessments, and the proceedings prior thereto; and WHEREAS, said City Council has hereby duly received and considered evidence, oral and documentary, concerning the proceedings and the necessity for the contemplated work and the benefits to be derived therefrom, and said City Council hereby finds that a majority protest does not exist. NOW, THEREFORE, the City Council of the City of Santa Clarita does hereby resolve as follows: SECTION 1. That the above recitals are true and correct; and SECTION 2. That the City hereby proposes an annual levy of assessments for Santa Clarita Landscape Maintenance District Nos. 1, Tl, and T1A which include Annexation Nos. 1, 2, 2A, 2B, 2C, 2D, 2E, 2F, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, Zone Nos. T2, T3,�T4, T5, T6, T7, T8, T9, TIO, T17, T23, T23A, T23B, 729, T30, T31, T42A, T42B, T42C, and T46 thereon to provide for the following work: 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 of convenient for the maintenance or servicing thereof; and SECTION 3. The City Manager has directed to have a report prepared in accordance with Article 4 of the Act for the District, and which is on file with the City Clerk; and SECTION 4. 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, assessments, and improvement plans have been filed with the City Clerk; and SECTION 5. The City Council hereby finds that each and every part of the Engineer's Report is sufficient, and the City Council hereby approves, passes on, and adopts the Engineer's Report as submitted to the City Council and filed with the City Clerk; and SECTION 6. The City Council does hereby reference the Engineer's Report, which indicates the amount of the 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 SECTION 7. The "Treasurer" defined by the Streets and Highways Code is hereby designated to refer to the Administrative Services Department of the City of Santa Clarita. The Administrative Services Department has the responsibility for fulfilling the functions of the Treasurer and all other functions for the operation of the Landscape Maintenance Districts. The Director of the Administrative Services Department is appointed as the Resolution No. 02-111 Page 3 designee for the Landscape Maintenance Districts and inspection, acceptance, and maintenance of landscape and irrigation improvements and LMD amenities. SECTION 8. The City Council hereby directs staff to file said assessments with the County Auditor for collection with the regular property taxes for Fiscal Year 200212003. SECTION 9. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 25th day of June, 2002. 11/ Q MAYOR FAW04*9 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) as. 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 25th day of June, 2002, by the following vote: AYES: COUNCII,MEMBERS: McLean, Kellar, Smyth, Weste, Ferry NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None a CITY CLERK NED:ltk:hds cm= l\ANNLEVYph.doc