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HomeMy WebLinkAbout2005-07-12 - RESOLUTIONS - LMD ANNUAL LEVY (2)RESOLUTION NO. 05-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARTTA, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER'S ANNUAL LEVY REPORT, ORDERING THE LEVY OF ASSESSMENTS AND CONTINUED MAINTENANCE FOR SANTA CLARTTA LANDSCAPE MAINTENANCE DISTRICT NUMBERS 1, T-1, T -IA, AND A-2 FOR FISCAL YEAR 2005/2006 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 a Resolution on the 14th day of June 2005, to initiate proceedings for the annual levy of assessments for Santa Clarita Landscape Maintenance District Nos. 1, T-1, T -IA, and A-2, which includes Annexation Nos. 1, 2, 3, 4, 5, 6, 7, 8, 12, Zone Nos. T-2, T-3, T-4, T-5, T-6, T-7, T-8, T-9, T-10, T-17, T-23, T -23A, T -23B, T-29, T-31, T -42A, T-4213, T -42C, and T46 (the "Districts") for Fiscal Year 2005/06, 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 which 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 2005/06 are not proposed to be increased above the approved Consumer Price Index (CPI); and WHEREAS; the current CPI has been determined to be 4.0 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," showing the Zones which are benefited by the improvements; and WHEREAS, the Engineer's Report including the diagrams and assessments has been filed with the City Clerk and is 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 City Council has carefully examined and reviewed the Report as presented, and is satisfied with each and all of the items and documents as set forth therein, and finds that the levy has been spread in accordance with the special benefits received from the ( improvements, operation, maintenance and services to be performed, as set forth in said Report; III and, WHEREAS, this City Council has examined and considered the Engineer's Report, diagrams, assessments and the prior proceedings thereto; and WHEREAS, said City Council, has hereby duly received and considered evidence, oral and documentary, concerning the proceeding and the necessity for the contemplated work and the benefits to be derived there from, 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. SECTION 2. That the City hereby proposes an annual levy of assessments for Santa Clarita Landscape Maintenance District Nos. 1, T-1, T-lA, and A-2 which include annexation Nos. 1, 2, 3, 4, 5, 6, 7, 8, 12, Zone Nos. T-2, T-3, T-4, T-5, T-6, T-7, T-8, T-9, T-10, T-17, T-23, T -23A, T -23B, T-29, T-31, T -42A, 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 or convenient for the maintenance or servicing thereof. 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.. 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 and included in the Engineer's Report. 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. SECTION 6. The City Council does hereby reference the Engineer's Report, which indicates the amount of the assessments, the District boundaries, 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. SECTION 7. The City Council hereby directs staff to file said assessments with the County Auditor for collection with the regular property taxes for Fiscal Year 2005/06. SECTION 8. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 12th day of July 2005. ATTEST: r. C1TY: . STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Sharon L. Dawson, 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 July 2005 by the following vote: AYES: NOES "T. ffk COUNCn.vMMBERS: Ferry, Weste, Kellar Smyth COUNCILMEMBERS: None COUNCILMEMEERS: McLean 3 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. 05-93, adopted by the City Council of the City of Santa Clarita, California on July 12, 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