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HomeMy WebLinkAbout2005-06-14 - RESOLUTIONS - STONECREST LMD ANNEX (2)RESOLU'T'ION NO. 05-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DECLARING THE RESULTS OF THE ASSESSMENT BALLOT TABULATION, ANNEXING TERRITORY INTO THE CITY OF SANTA CLARITA LANDSCAPE MAINTENANCE DISTRICT NO. 1, STONECREST ANNEXATION (ZONE T-52), ORDERING MAINTENANCE WORK THEREIN AND CONFIRMING THE DIAGRAM AND ASSESSMENT AND PROVIDING FOR THE LEVY AND COLLECTION OF THE ANNUAL ASSESSMENT THEREIN WHEREAS, the City Council of the City of Santa Clarita, California, has initiated proceedings for the annexation territory and levy of annual assessments in a special maintenance district created pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California (the "Landscaping Act"), Article XIIID of the Constitution of the State of California ("Article XIIID") and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the "Implementation Act") (the Landscaping Act, Article XIIID and the Implementation Act may be referred to collectively herein as the "Assessment Law"), such special maintenance district known and designated as the City of Santa Clarita Landscape Maintenance District No. 1, Stonecrest Annexation (the "Annexation"); and WHEREAS, the City Council did order and subsequently receive a report prepared in accordance with the Assessment Law (the "Assessment Engineer's Report"); and WHEREAS, the City Council did set the time and place for a Public Meeting and Public Hearing to consider the annexation of territory into the District and the authorization to levy annual assessments therein and did order that notice of such Public Hearing, accompanied by assessment ballots, be given to the record owners of property within the proposed Annexation in accordance with the provisions of the Assessment Law; and WHEREAS, notice of such Public Hearing accompanied by assessment ballots were mailed to the record owners of property within the proposed Annexation in accordance with the provisions of the Assessment Law; and NOW, THEREFORE, the City Council of the City of Santa Clarita does hereby resolve as follows: SECTION 1. The above recitals are all true and correct. SECTION 2. This City Council hereby finds and determines that the procedures for the consideration of the levy of the assessments have been undertaken in accordance with the Assessment Law. Resolution No. 05-61 Page 2 SECTION 3. Assessment ballots were mailed as required by Assessment Law to the record owners of all properties within the Annexation, which are proposed to be assessed. The assessment ballots that were completed and received by the City Clerk prior to the close of the Public Hearing have been tabulated in accordance with the procedures established by Assessment Law and this City Council and the results of such tabulation have been submitted to this City Council. This City Council hereby finds that the assessment ballots submitted in favor of the levy of assessments as weighted in accordance with Assessment Law exceed the assessment ballots submitted in opposition to such levy also as weighted in accordance with Assessment Law. Therefore, no majority protest to the levy of assessments within the Annexation into the LMD has been found to exist upon completion of the annexation into the City. SECTION 4. This City Council hereby orders the Annexation. SECTION 5. Based upon the Assessment Engineer's Report and the testimony and other evidence presented at the Public Hearing, the City Council hereby makes the following determinations regarding the assessments proposed to be imposed for Fiscal Year 2006/07 and the maximum annual assessments proposed to be imposed to pay for the estimated costs of the maintenance of all of the improvements to ultimately be maintained upon the completion and acceptance of thereof: (i) The proportionate special benefit derived by each individual parcel assessed has been determined in relationship to the entirety of the cost of the operations and maintenance expenses. (ii) The assessments do not exceed the reasonable cost of the proportional special benefit conferred on each parcel. (iii) Only the special benefits have been assessed. The assessments for the Annexation contained in the Assessment Engineer's Report for Fiscal Year 2006/07 are hereby confirmed and levied upon the respective lots or parcels in the Annexation in the amounts as set forth in such Final Assessment Engineer's Report. Subsequent annual assessments in amounts not to exceed the maximum annual assessment of the estimated costs of the maintenance of all of the improvements to ultimately be maintained upon the completion and acceptance of thereof as set forth in the Final Assessment Engineer's Report may be subsequently confirmed and levied without further assessment ballot proceedings pursuant to the Assessment Law. Each fiscal year after the base year (Fiscal Year 2006/07), the assessments may be increased by The Consumer Price Index, (CPI) for all Urban Consumers, Los Angeles — Orange — Riverside Counties, CA without further compliance with the assessment ballot procedures required under the Assessment Law. SECTION 6. The public interest and convenience requires, and this legislative body does hereby order the maintenance work to be made and performed as said maintenance work is set forth in the Final Assessment Engineer's Report upon completion of annexation into the City. Resolution No. 05-61 Page 3 SECTION 7. The above -referenced diagram and assessment shall be filed in the Office of the City Clerk. Said diagram and assessment, and the certified copy thereof, shall be open for public inspection. SECTION 8. The City Clerk is hereby ordered and directed to immediately file a certified copy of the diagram and assessment with the County Auditor. Said filing to be made no later than the 3rd Monday in August. SECTION 9. After the filing of the diagram and assessment, the County Auditor shall enter on the County assessment roll opposite each lot or parcel of land the amount assessed thereupon, as shown in the assessment. SECTION 10. The assessments shall be collected at the same time and in the same manner as County taxes are collected, and all laws providing for the collection and enforcement of County taxes shall apply to the collection and enforcement of the assessments. SECTION 11. The assessments as above confirmed and levied for these proceedings will provide revenue to finance the maintenance of authorized improvements in the Fiscal Year commencing July 1, 2006 and ending June 30, 2007 contingent upon annexation into the City. PASSED, APPROVED AND ADOPTED this 14th day of June, 2005. ATTEST: 01( CITY CLERK Resolution No. 05-61 Page 4 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CTTY 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 ado9ted 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: COUNCILMEMBERS: Weste, Kellar, Ferry, McLean, Smyth NOES: COUNCILMEMBERS: 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. 05-61, 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