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HomeMy WebLinkAbout2007-07-17 - RESOLUTIONS - OSPD FORMATION (2)RESOLUTION NO. 07-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, APPROVING THE FORMATION OF THE CITY OF SANTA CLARITA OPEN SPACE PRESERVATION DISTRICT, AND APPROVING AND CONFIRMING THE LEVY OF ASSESSMENTS FOR SAID ASSESSMENT DISTRICT WHEREAS, on April 24, 2007, the City Council of the City of Santa Clarita (the "City") initiated proceedings to form an assessment district (the "District) pursuant to the provisions of the "Landscaping and Lighting Act of 1972," being Part 2 of Division 15 of the Califomia Streets and Highways Code (commencing with Section 22500) (the "Act") and in accordance with Article XIIID of the Califomia Constitution and the Proposition 218 Omnibus Implementation Act (commencing with Section 53750 of the California Govemment Code), to fund a portion of the costs of the acquisition, preservation, improvement, servicing, financing and maintenance of open space lands, parks, and parkland within the City's open space, park, and parkland program (the "Program") of benefit to property within the City (the "Property"); and WHEREAS, the boundaries of the proposed District are coterminous with the boundaries of the City as shown on the map presented to this Council and on file with the City Clerk and incorporated herein by reference; and WHEREAS, the title of the proposed District is "City of Santa Clarita Open Space Preservation District"; and WHEREAS, on April 24, 2007, the City preliminarily approved a report prepared by the Assessment Engineer, Harris & Associates (the "Engineer's Report"), regarding the proposed District and containing the matters specified in Section 22586 of the Act, and appointed a time and place for a public hearing on the formation of the proposed District and on said report; and WHEREAS, following notice duly given in accordance with the law, the City Council held a full and fair public hearing on July 10, 2007 at the time and place appointed therefore regarding the proposed formation of the District, the proposed levy of the assessments and the Engineer's Report; and WHEREAS, the City Council considered all oral written statements, protests and communications made or filed by any interested persons; and WHEREAS, following the conclusion of the public hearing, assessment ballots received by the City were tabulated by the City Clerk and a majority protest did not exist. NOW, THEREFORE, the City Council of the City of Santa Clarita, Califomia, does hereby resolve as follows: SECTION 1. The above recitals are true and correct. SECTION 2. The City Council finds and declares that a majority protest does not exist as to the formation of the District, the approval of the Engineer's Report and the levy of the assessments. SECTION 3. Based on its review of the Engineer's Report, and other reports and information presented to the City Council, the City Council hereby finds and determines that the land within the District will be benefited by the improvements and services, the District includes all land so benefited and the net maximum amounts to be assessed upon the land within the District is apportioned by a method and formula which fairly distributes the net maximum amounts among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the services. SECTION 4. The City of Santa Clarita Open Space Preservation District is hereby formed. The diagram of the District as shown in the Engineer's Report is hereby confirmed and shall constitute the boundaries of the District. SECTION 5. The purpose of District is to fund a portion of the Program for the City of Santa Clarita further detailed and attached to the Engineer's Report, consisting of the acquisition, preservation, improvement, servicing, financing and maintenance of open space lands, parks and parkland and appurtenant equipment and facilities, including the payment of debt service, of benefit to the Property within the District. Facilities include but are not limited to open space land, parks, parklands, the Santa Clara River Watershed, trail systems and wildlife corridors. All improvements and work to be funded by the District shall be done in accordance with the Engineer's Report, including the Program, on file in the office of the City Clerk and which is hereby referred to and by this reference incorporated herein and made a part hereof. SECTION 6. The City Council declares that the assessments in the Report are hereby confirmed as filed and as provided in the Engineer's Report and, subject to the permitted escalation factor, shall constitute the maximum assessments which may be levied in any fiscal year. The adoption of this Resolution constitutes the levy of the assessments for fiscal year 2007-08 as shown in the Engineer's Report. Notwithstanding the above, prior to July 31, 2007, the Assessment Engineer shall determine if any updates to the Assessment roll are required, and shall modify the assessment roll accordingly. Such modified assessment roll, if any, shall then govern the amount of the assessments for fiscal year 2007-08. SECTION 7. The assessments are in compliance with the provisions of the Act and the improvements and maintenance thereof shall be performed pursuant to law. SECTION 8. The City Clerk is hereby authorized and directed to file a certified copy of this Resolution and the diagram and assessment (or modified assessment) with the County Auditor of the County of Los Angeles. Thereupon, the County Auditor shall enter on the County roll the assessments for fiscal year 2007-08, and said assessments shall be collected at the same time and in the same manner as County taxes are collected. 2 SECTION 9. A special fund is hereby established to be called the "City of Santa Clarita Open Space Preservation District Fund" into which all monies collected in connection with the District shall be placed and used in accordance with the provisions of this Resolution, the Engineer's Report and the law. Assessments related to the improvements and the maintenance thereof shall be deposited therein and used in accordance with the law. SECTION 10. This Resolution shall take effect immediately. PASSED, APPROVED AND ADOPTED this 17th day of July, 2007. MAYOR ATTEST: V 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 17th day of July, 2007, by the following vote: AYES: COUNCILMEMBERS: Ferry, Weste, McLean, Kellar NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Boydston CITY CLERK 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. 07-60, adopted by the City Council of the City of Santa Clarita, California on July 17, 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