HomeMy WebLinkAbout2007-06-26 - RESOLUTIONS - DBAA 3 6 18 19 20 22 LEVY ASMT (2)RESOLUTION NO. 07-49
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA CLARITA, CALIFORNIA, APPROVING THE FINAL ENGINEER'S
ANNUAL LEVY REPORT, ORDERING THE LEVY AND COLLECTION OF
ASSESSMENTS AND CONTINUED MAINTENANCE FOR DRAINAGE
BENEFIT ASSESSMENT AREA NOS. 3, 6, 18, 19, 20, AND 22
WHEREAS, the City Council of the City of Santa Clarita, California, pursuant to the
terms of the Benefit Assessment Act of 1982, being Division 2, Part 1 of the California
Government Code of the State of California (the "1982 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 1982 Act,
Article XIIID and the Implementation Act are referred to collectively as the "Assessment Law"),
did, by previous Resolution, order the Engineer, Harris and Associates, to prepare and file an
Assessment Engineer's Report for the levy of assessments within, such special assessment district
known and designated as, Drainage Benefit Assessment Area Nos. 3, 6, 18, 19, 20, and 22
(hereafter referred to as the "Districts"); 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, the Engineer has prepared and filed with the City Clerk of the City of Santa
Clarita and the City Clerk has presented to the City Council such report entitled "Final Annual
Engineer's Report, City of Santa Clarita Drainage Benefit Assessment Area Nos. 3, 6, 18, 19, 20,
and 22, Fiscal Year 2007/2008" (hereafter referred to as the "Report"); and
WHEREAS, this City Council has now 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
is satisfied that the assessments, on a preliminary basis, have been spread in accordance with the
special benefits received from the improvements to be maintained and services to be performed;
as set forth in said Report; and
WHEREAS, the Engineer selected by the City Council has prepared and filed with the
City Clerk, and the City Clerk has presented to the City Council, a Report in connection with the
proposed levy and collection upon eligible parcels of land within the Districts, and the City
Council did by previous Resolution approve such Report; and
WHEREAS, the City Council desires to levy and collect assessments against parcels of
land within the Districts for the Fiscal Year commencing July 1, 2007 and ending June 30, 2008,
to pay the costs and expenses of operating, maintaining, and servicing the improvements within
_. the Districts; and
WHEREAS, the Assessment rates within the Districts are exempt from the assessment
balloting procedures set forth in Section 4 of Proposition 218 because the Districts were formed
by consent of the land owners, and the proposed Assessments per lot or parcel are not proposed
to increase by more than the assessment rates approved by the landowners at the time of
annexation into the Districts.
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. The Assessment Engineer's Report as presented consists of the following:
a. Plans and specifications describing the general nature, location, and extent
of the improvements to be maintained and of the maintenance work;
b. Estimate of the cost of maintenance of the improvements for the Districts
for the Fiscal Year 2007/2008;
c. Diagram of the Districts by reference, showing the area and properties
proposed to be assessed;
d. An annual assessment for Fiscal Year 2007/2008 of the estimated costs of
the maintenance of those improvements to be maintained during such
Fiscal Year, assessing the net amount upon all assessable lots and/or
parcels within the Districts in proportion to the special benefits received;
together with a formula pursuant to which such annual assessment may be
adjusted annually for inflation pursuant to the Assessment Law without the
necessity for additional assessment ballot procedures.
The Final Annual Engineer's Report, as presented, is hereby approved, and is ordered to
be filed in the Office of the Clerk of the City Council as a permanent record and to remain open
to public inspection.
SECTION 3. The Clerk of the City Council shall certify to the passage and adoption of
this Resolution, and the minutes of this meeting shall so reflect the presentation of the
Assessment Engineer's Report.
SECTION 4. Following notice duly given, the City Council has held a full and fair
Public Hearing regarding its Resolution Approving and or Amending the Report prepared in
connection therewith; the levy and collection of assessments, and considered all oral and written
statements, protests, and communications made or filed by interested persons.
SECTION 5. Based upon its review (and amendments, as applicable) of the Report, a
copy of which has been presented to the City Council and which has been filed with the City
Clerk, the City Council hereby finds and determines that:
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a. The land within the Districts will receive special benefit by the operation,
maintenance, and servicing of drainage and appurtenant facilities within
the boundaries of the Districts.
b. The Districts include all of the lands receiving such special benefit.
The net amount to be assessed upon the land within the Districts in accordance with the
costs for the Fiscal Year commencing July 1, 2007 and ending June 30, 2008 is apportioned by a
formula and method which fairly distributes the net amount among all eligible parcels in
proportion to the estimated special benefit to be received by each parcel from the improvements
and services.
SECTION 6. The Report and assessment as presented to the City Council and on file in
the office of the City Clerk are hereby confirmed as filed.
SECTION 7. A diagram for the Districts (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 by reference.
SECTION 8. The City Treasurer shall deposit all money representing assessments
collected by the County of Los Angeles for the Districts to the credit of funds for the Districts,
and such money shall be expended only for the maintenance, operation, and servicing of drainage
and appurtenant facilities.
SECTION 9. The City Council hereby directs staff to file said assessments with the
County Auditor for collection with the regular property taxes for Fiscal Year 2007/2008.
SECTION 10. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 26th day of June, 2007.
ATTEST:
-- CITY CLERK
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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 26th day of June, 2007, by the following vote:
AYES: COUNCILMEMBERS: Boydston, Ferry, Weste, Kellar, McLean
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
M
CITY CLERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF SANTA CLARITA
) ss.
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. 07-49, adopted by the City Council of the City of
Santa Clarita, California on June 26, 2007, 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 Caputo
Deputy City Clerk