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Home My WebLink About2004-06-08 - RESOLUTIONS - ANNEX APN 2831-002-044 TO LMD1 (2)RESOLUTION NO. 04-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, INITIATING PROCEEDINGS AND APPROVING THE ENGINEER'S REPORT FOR THE ANNEXATION OF CERTAIN TERRITORY KNOWN AS ASSESSOR PARCEL NUMBER 2831-002-044, (SAN FERNANDO ROAD AND 12TH STREET — NEWHALL VICINITY) INTO SANTA CLARITA STREETLIGHT MAINTENANCE DISTRICT NO. 1, AS ANNEXATION NO. 2004-L62, DECLARING THE CITY'S INTENTION TO ORDER THE ANNEXATION AND TO LEVY AND COLLECT ASSESSMENTS, DETERMINING THAT THESE PROCEEDINGS SHALL BE TAKEN PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND THE RIGHT TO VOTE ON TAXES ACT, AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO 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"), desires to initiate proceedings for the annexation of certain territory (the "Annexed Area") to Santa Clarita Streetlight Maintenance District No. 1 (the "District"), and declares the City's intention to order the annexation of the Annexed Area for the levy and collection of annual assessment within the Annexed Area for Fiscal Year 2004/2005 for the purposes provided therefore in the Act; and WHEREAS, the Annexed Area is the territory known as Assessor Parcel Number (APN) 2831-002-044 (San Fernando Road and 12th Street — Newhall Vicinity), located in the City of Santa Clarita, County of Los Angeles, State of California; and WHEREAS, the Developer has constructed streetlight improvements in and adjacent to the Annexed Area; and WHEREAS, the City is requiring the property owners adjacent to the streetlight improvements to be annexed into the District to provide for the City's maintenance of these improvements; and WHEREAS, Proposition 218, the Right to Vote on Taxes Act, does hereby require that a notice of the proposed assessment along with a ballot shall be mailed to all owners of identified parcels within the Annexed Area and that the agency shall conduct a public hearing not less than 45 days after the mailing of said notice; and WHEREAS, the City is requesting to have the area annexed into the City's Streetlight Maintenance District No. 1; and WHEREAS, the City has prepared a diagram attached as Exhibit "A," which is designated Proposed Annexation No. 2004-L62 into Santa Clarita Streetlight Maintenance District No. 1 and an assessment showing the proposed boundaries of the territory to be annexed Resolution No. 04-78 Page 2 into the District, which is benefited by the maintenance of the improvements and the amount to be assessed against each of the parcels within the proposed annexation to the District; and WHEREAS, the City has ordered the preparation of an Engineer's Report in accordance with Article 4 (commencing with Section 22565) of Chapter 1 of the Streets and Highways Code giving a description of the annexation; and WHEREAS, the Engineer's Report, diagram, and assessments have been approved and 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 annexation, the assessments, total costs, and description of the parcels to be assessed; and WHEREAS, this City Council has examined and considered the Engineer's Report, diagram, assessments, 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: SECTION 1. That the above recitals are true and correct. SECTION 2. The City Council hereby finds (1) that the public interest, convenience, and necessity require the maintenance of a street lighting system; and (2) declares its intention to order the formation of the Annexation and to levy and collect assessments against the assessable lots and/or parcels of land within such Annexation for that portion of the fiscal year commencing July 1, 2004 and ending June 30, 2005, to pay the costs and expenses of the maintenance of improvements described below. If the assessments proposed by this resolution are approved by the property owners pursuant to a mailed ballot election conducted in accordance with Article XIIID of the California Constitution, the City Council in subsequent fiscal years may thereafter impose the assessment at any rate or amount that is less than or equal to the amount authorized for Fiscal Year 2004/2005, increased each year based upon the Consumer Price Index, All Urban Consumers for the Los Angeles -Riverside -Orange County Area ("CPI"), as determined by the United States Department of Labor, or its successor without conducting another mailed ballot election. The Engineer shall compute the percentage of difference between the CPI for March of each year and the CPI for the previous March, and shall then adjust the existing assessment by an amount not to exceed such percentage for the following fiscal year. Should the Bureau of Labor Statistics revise such index or discontinue the preparation of such index, the Engineer shall use the revised index or a comparable system as approved by the City Council for determining fluctuations in the cost of living. SECTION 3. That the City Council hereby proposes to annex to Santa Clarita Streetlight Maintenance District No. 1 the Annexed Area, also known as APN 2831-002-044 (San Fernando Road and 12th Street — Newhall Vicinity), and to levy annual assessments thereon to provide for the following work: Installation, construction, or maintenance of any authorized improvements under the Act, including, but not limited to, streetlight improvements and any facilities which are appurtenant to Resolution No. 04-78 Page 3 any of the aforementioned or which are necessary or convenient for the maintenance or servicing thereof. The distinctive designation for the proposed Annexed Area shall be "Annexation No. 2004-L62" to Santa Clarita Streetlight Maintenance District No. 1, when referred to separately and upon annexation will be included in the designation of Santa Clarita Streetlight Maintenance District No. 1. 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 annexed, 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. SECTION 5. The diagram, which indicates by a boundary line the extent of the territory proposed to be annexed into the District, is hereby declared to describe the proposed boundaries of the proposed annexation to the District and shall govern for all details as to the extent and location of said annexation. SECTION 6. That the City Council is satisfied with the correctness of the diagram and assessment, including the proceedings and all matters relating thereto. r SECTION 7. That notice is hereby given that on the 8th day of June, 2004, at the hour of 6:00 p.m., or as soon thereafter as possible, in the City Council Chambers 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 Annexed Area pursuant to the Right to Vote On Taxes Act. SECTION 8. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 8`h day of June, 2004. 0 �� ATTEST: CITY CLERK Resolution No. 04-78 Page 4 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARTTA ) 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 8`h day of June, 2004, by the following vote: AYES: COUNCILMEMBERS: Ferry, McLean, Smyth, Weste, Kellar NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) CERTIFICATION OF CITY COUNCIL RESOLUTION I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that this is a true and correct copy of the original Resolution No. 04-78, adopted by the City Council of the City of Santa Clarita, California on June 8, 2004, which is now on file in my office. Witness my hand and seal of the City of Santa Clarita, California, this _ day of ,20—. Sharon L. 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