Loading...
HomeMy WebLinkAbout2006-08-22 - RESOLUTIONS - LMD 1 MAXIMUM RATE ANNEX 1G (4)RESOLUTION NO. 06-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARI TA, CALIFORNIA, APPROVING THE ENGINEER'S REPORT, ORDERING THE INCREASE IN ASSESSMENT RATES FOR SANTA CLARTTA LANDSCAPE MAINTENANCE DISTRICT NO. 1, ZONE 1, ANNEXATION 1-G (CENTEX DEVELOPMENT), AND THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN SAID ZONE, AND CONFIRMING ASSESSMENTS PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE AND AS PROVIDED BY ARTICLE XIIID OF THE CALIFORNIA CONSTITUTION WHEREAS, the City Council, by its Resolution, initiated proceedings and declared its intention to increase the assessment rate for Santa Clarita Landscape Maintenance District No. 1, Zone 1, Annexation 1-G (Centex Development), (the "Zone") and to levy and collect assessments against lots and parcels of land within said Zone pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500 (the "Act"), to pay for the costs and expenses of operating, maintaining and servicing ornamental structures, landscaping and appurtenant facilities located within public places within and adjacent to the boundaries of the Zone; and WHEREAS, the Engineer's Report has been prepared and filed with the City Clerk, and _ the report has been presented to the City Council, said report in connection with the proposed assessment rate increase and the proposed annual levy and collection of assessments against lots and parcels of land within the Zone and the City Council did by previous Resolution approve said report (the "Engineer's Report"); and WHEREAS, the City Council desires to increase the assessment rate within the Zone and levy and collect assessments against lots and parcels of land within the Zone as there is a need to provide for the maintenance and installation of landscaping to pay for the costs and expenses of operating, maintaining and servicing ornamental structures, landscaping and appurtenant facilities located within public places within and adjacent to the boundaries of the Zone; and WHEREAS, the Developers of the Zone are the sole owners of that certain property located in the City of Santa Clarita, and have signed a petition and Assessment Ballot in favor of the assessment rate increase to the Zone and have waived all statutory notices of hearing and notice periods and their right of majority protest and noticing requirements. NOW, THEREFORE, the City Council of the City of Santa Clarita does hereby resolve as follows: SECTION 1. Following notice duly given, the City Council has held a full and fair public hearing regarding its Resolution, the Engineer's Report prepared in connection with the proposed assessment rate increase and the levy and collection of assessments, and considered all oral and written statements, protests and communications made or filed by interested persons, and have tabulated all ballots. SECTION 2. The City Council hereby finds that a majority protest does not exist as defined in Section 4(e) of Article XJIID of the California Constitution with respect to the assessment rate increase. All oral and written protests and objections to these assessment rate increase and the proposed levy and collection of assessments are hereby overruled by the City Council. SECTION 3. Based upon its review of the Engineer's Report, copies of which have been presented to the City Council and which have been filed with the City Clerk, aiA other reports and information, the City Council hereby finds and determines with respect to the Zone included in the Engineer's Report, that: (i) the land within the Zone will be specially benefited by the operation, maintenance and servicing of ornamental structures, landscaping, including trees, shrubs, grass and other ornamentai vegetation, and appurtenant facilities, including irrigation systems, located in public places within or adjacent to the boundaries of the Zone; and (ii) the net amount to be assessed upon the lots and parcels within the Zone in accordance with the assessment, is apportioned by a formula and method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated special benefits to be received by each lot or parcel from the improvements; and (iii) only special benefits are assessed and no assessment is imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel. SECTION 4. The City Council hereby confirms the assessments set forth in the Engineer's Report. The maintenance, operation and servicing of the ornamental structures, landscaping and appurtenant facilities shall be performed pursuant to law. The County Auditor of Los Angeles County shall enter on the County Assessment Roll opposite each lot or parcel of land the amount of the assessment, and such assessments shall then be collected at the same time and in the same manner as the County taxes are collected. After collection by the County, the net amount of the assessment after deduction of any compensation due the County for collection shall be forwarded to the City Treasurer. SECTION 5. The assessments are in compliance with the provisions of the Act and Article XIIID of the California Constitution, and the City Council has complied with all laws pertaining to the levy of annual assessments pursuant to the Act and Article XIDD of the California Constitution. SECTION 6. A certified copy of the assessments in the Engineer's report shall be filed in the office of the City Clerk and shall be open for public inspection. The City Council approves the increase in assessment rates for the Santa Clarita Landscape Maintenance District No. 1, Zone 1, Annexation 1-G (Centex Development) and to levy annual assessments thereon. SECTION 7. The City Clerk shall certify to the adoption of this Resolution. 2 _ PASSED, APPROVED AND ADOPTED this 22nd day of August, 2006. MAYOR ATTEST: CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. C] TY 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 22nd day of August, 2006, by the following vote: AYES: COUNCILMEMBERS: Kellar, Ferry, Smyth, McLean, Weste NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 3 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. 06-91, adopted by the City Council of the City of Santa Clarita, California on August 22, 2006, which is now on file in my office. Witness my hand and seal of the City of Santa Clarita, Caiifornia, this ___ day of 20_. Sharon L. Dawson, CMC City Clerk By Susan Coffman Deputy City Clerk