HomeMy WebLinkAbout2005-06-14 - RESOLUTIONS - ANNUAL ASMT LEVY DBAA (2)RESOLUTION NO. 05-65
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA CLARITA, CALIFORNIA, ORDERING THE PRELIMINARY
ENGINEER'S REPORT FOR THE ANNUAL LEVY OF ASSESSMENTS FOR
THE PREVIOUSLY APPROVED DRAINAGE BENEFIT ASSESSMENT AREA
NOS. 3, 6, 18, 19, 20, AND 22 DECLARING THE CITY'S INTENTION TO LEVY
ASSESSMENTS, AND APPOINTING A TIME AND PLACE FOR COMMENT
(PUBLIC HEARING) ON THE ENGINEER'S REPORT FOR THE
BENEFIT ASSESSMENT AREAS FOR FISCAL YEAR 2005/06
WHEREAS, the City Council of the City of Santa Clarita, California, has previously
formed special maintenance Districts pursuant to the terms of the Benefit Assessment Act
of 1982, Chapter 6.4 of Part 1 of Division 2 of Title 5 of the California Government Code,
(commencing with Section 54703) (hereafter referred to as the "Act"), said benefit assessment
areas known and designated as Drainage Benefit Assessment Area Nos. 3, 6, 18, 19, 20, and 22
(hereafter referred to as the "Benefit Assessment Areas"); and
WHEREAS, the public interest and convenience require the City to initiate proceedings
for the levy of assessments within the District for the Fiscal Year 2005/06, for the purposes
provided thereof in the Act; and
WHEREAS, the City Council of the City of Santa Clarita is desirous to take proceedings
to provide for the annual levy of assessments for Fiscal Year 2005/06 to provide for the costs and
expenses necessary to pay for the maintenance of the drainage benefit improvements in said
Benefit Assessment Areas; and
WHEREAS, the City Council has retained NBS Government Finance Group, DBA NBS,
for the purpose of assisting with the Annual Levy of the District, and to prepare and file a report
with the City Clerk in accordance with the Act; and
WHEREAS, the current assessment rate for Drainage Benefit Assessment Area Nos. 3, 6,
18, 20, and 22 are adequate to maintain the current facilities and Drainage Benefit Assessment
Area No. 19 has not been adequate to maintain the current facilities; and
WHEREAS, in order to maintain the facilities at a standard acceptable to the City the
assessments within the District will need to be levied for Fiscal Year 2005/06; 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
Resolution No. 05-65
Page 2
WHEREAS, the assessments for Fiscal Year 2005/06 are not proposed to be increase for
the Drainage Benefit Assessment Area's Nos. 3, 6, 18, and 19 or for the Drainage Benefit
Assessment Area's Nos. 20 and 22 above the approved CPI Index; and
WHEREAS; the current CPI has been determined to be four percent (4%) calculated
from the annual average of All Urban Consumers for Los Angeles County; 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 Engineer's Report, has been filed with the City Clerk and is open to
public inspection, and may be referred to for all details regarding the maintenance, the boundary
of the District, the assessments, total costs, and description of the parcels to be assessed; and
WHEREAS, this City Council has examined and considered the report and the
proceedings prior thereto.
NOW, THEREFORE, the City Council of the City of Santa Clarita does hereby resolve
as follows:
SECTION 1. Recitals: That the above recitals are all true and correct.
SECTION 2. Declaration Of Intention: That the public interest and convenience
requires, and it is the intention of this legislative body, to levy and collect assessments to pay the
annual costs and expenses for the installation, replacement, maintenance and/or servicing of the
improvements for the above -referenced Benefit Assessment Areas. No new improvements or
any substantial changes in existing improvements or zones are proposed as a part of these
proceedings.
SECTION 3. Annual Levy Report: The drainage improvements proposed to be installed
and/or maintained, are hereby referred to by NBS, acting as the Assessment Engineer, who is
hereby directed to make and file the Assessment Engineer's Report as required by the provisions
of the Assessment Law.
SECTION 4. Fiscal Year: That the assessments as above authorized and levied for
these proceedings will provide revenue and relate to the Fiscal Year commencing July 1, 2005
and ending June 30, 2006.
SECTION 5. Preliminarily Approves Report: The City Council hereby finds that each
and every part of the Engineer's Report is sufficient and the City Council hereby preliminarily
approves, passes on, and adopts the Engineer's Report as submitted to the City Council and filed
with the City Clerk. The preliminary report shall stand as the Engineer's Report for the purposes
of all subsequent proceedings pursuant to this Resolution of Intention; and
Resolution No. 05-65
Page 3
SECTION 6. District Improvements: The maintenance of drainage improvements shall
include the furnishing of services and materials for the ordinary and usual maintenance,
operation, and servicing of the improvements.
SECTION 7. Public Hearing: The City Council hereby appoints July 12, 2005 at
6:00 p.m. in the City of Santa Clarita, California as the time, place and date of the Public Hearing
on the Report. At the hearing, the City Council shall hear and consider all discussion regarding
the proposed assessment as described in the Report.,
SECTION 8. Adoption of Resolution: The City Clerk shall certify to the adoption of
this Resolution.
PASSED, APPROVED AND ADOPTED this 14'h day of June, 2005.
L
ATTEST:
_ A
ry
CITY CLERK
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 14 day of June, 2005, by the following vote:
AYES: COUNCII.IvIEMBERS: Kellar, Ferry, McLean, Weste, Smyth
NOES: COUNCELMEMBERS: None
ABSENT: COUNCILMEMBERS: None
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARTTA )
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. 05-65, adopted by the City Council of the City of
Santa Clarita, California on June 14, 2005, 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. Dawson, CMC
City Clerk
By
Susan Coffman
Deputy City Clerk