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HomeMy WebLinkAbout2007-04-10 - RESOLUTIONS - SMD 1 ANNEX L77A L83 (2)RESOLUTION NO. 07-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DECLARING THE RESULTS OF THE ASSESSMENT BALLOT TABULATION, ANNEXING TERRITORIES INTO THE CITY OF SANTA CLARTI'A STREETLIGHT MAINTENANCE DISTRICT NO. 1, 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 of territory and levy of annual assessments into 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 XBID") and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the "Implementation Act") (the Landscaping Act, Article X ED and the Implementation Act may be referred to collectively herein as the "Assessment Law"), such special maintenance district is known and designated as the City of Santa Clarita Streetlight Maintenance District No. 1, (the "District") Annexation L -77A and L-83, (the "Annexations"); and WHEREAS, the City Council did order and subsequently receive a report prepared by NBS (the "Assessment Engineer") prepared in accordance with the Assessment Law (the "Preliminary Assessment Engineer's Report"); and WHEREAS, the City Council did set the time and place for a Public Hearing to consider the annexation of territories 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 Annexations 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 Annexations in accordance with the provisions of the Assessment Law. NOW, THEREFORE, the City Council of the City of Santa Clarita does hereby resolve as follows: SECTION 1. Recitals. The above recitals are all true and correct. SECTION 2. Procedures. The 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. SECTION 3. Assessment Ballot Procedures. Assessment ballots were mailed as required by Assessment Law to the record owners of all properties within the Annexations 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 Annexations has been found to exist. SECTION 4. Annexation of Territory. This City Council hereby orders the Annexations. SECTION 5. Determination and Confirmation. 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 2007/08 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: a. 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. b. The assessments do not exceed the reasonable cost of the proportional special benefit conferred on each parcel. c. Only the special benefits have been assessed. The assessments for the Annexations contained in the Assessment Engineer's Report for Fiscal Year 2007/08 are hereby confirmed and levied upon the respective lots or parcels in the Annexations 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 2007/08), the maximum assessments shall 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. 2 SECTION 6. Ordering of Maintenance. 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. SECTION 7. Filing with Secretary. 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. Filing with the County Auditor. 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. Entry Upon the Assessment Roll. 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. Collection and Payment. 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. Fiscal Year 2007/08. 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, 2007 and ending June 30, 2008. SECTION 12. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 10th day of April, 2007. ATTEST: &tit A CITY CLERK 3 VIVO)Uy ' 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 10th day of April, 2007, by the following vote: AYES: COUNCII.MEMBERS: Kellar, Boydston, Weste, Ferry, McLean NOES: COUNCU-MEMBERS: None ABSENT: COUNCILMEMBERS: None 0 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. 07-17, adopted by the City Council of the City of Santa Clarita, California on April 10, 2007, which is now on file in my office. Witness my hand and seal of the City of Santa Clarita, California, this _ day of Sharon L. Dawson, CMC City Clerk RV Susan Caputo Deputy City Clerk