HomeMy WebLinkAbout2008-06-24 - RESOLUTIONS - VARIOUS DBAA LEVY ASMT (2)RESOLUTION NO. 08-71
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 THE CITY OF
SANTA CLARITA DRAINAGE BENEFIT ASSESSMENT AREAS
3, 6, 18, 19, 20, 22, and 2008-1 FOR FISCAL YEAR 2008/2009
WHEREAS, the City Council, pursuant to the provisions of the Benefit Assessment Act
of 1982, Chapter 6.4 of Part 1 of Division 2 of Title 5 of the California Government Code,
(commencing with Section 54703) (hereafter referred to as the "Act") did by previous
Resolution, order the Engineer, Harris & Associates, to prepare and file a report in connection
with the proposed levy and collection of assessments for the assessment districts known and
designated as the City of Santa Clarita Drainage Benefit Assessment Areas 3, 6, 18, 19, 20, 22
and 2008-1 (hereafter referred to as the "DBAAs"), for the fiscal year commencing July 1, 2008
and ending June 30, 2009; 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
Engineer's Report, City of Santa Clarita Drainage Benefit Assessment Areas 3, 6, 18, 19, 20, 22
and 2008-1, Fiscal Year 2008/2009" (hereafter referred to as the "Report"); and
WHEREAS, the City Council has 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
finds that the levy has been spread in accordance with the special benefits received from the
improvements, operation, maintenance, and services to be performed, as set forth in said Report;
and
WHEREAS, the City Council desires to levy and collect assessments against parcels of
land within the DBAAs for the fiscal year commencing July 1, 2008 and ending June 30, 2009, to
pay the costs and expenses of operating, maintaining, and servicing the improvements within the
DBAAs; and
WHEREAS, the Assessment rates within the DBAAs are exempt from the assessment
balloting procedures set forth in Section 4 of Proposition 218 because they 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 DBAAs.
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 Final 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 DBAAs for the
Fiscal Year 2008/2009;
c. An annual assessment for Fiscal Year 2008/2009 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 DBAAs 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 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. That the City hereby proposes an annual levy of assessments for Santa
Clarita Drainage Benefit Assessment Areas 3, 6, 18, 19, 20, 22 and 2008-1 thereon to provide for
the following work:
The maintenance of drainage improvements shall include the furnishing of services and
materials for the ordinary and usual maintenance, operation, and servicing of the improvements.
SECTION 5. 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 6. The City Council hereby finds that each and every part of the Engineer's
Report is sufficient, and the City Council hereby approves, passes on, and adopts the Engineer's
Report as submitted to the City Council and filed with the City Clerk.
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SECTION 7. The City Council does hereby reference the Engineer's Report, which
indicates the amount of the assessments, the DBAA boundaries, detailed descriptions of the
improvements, and the methods of assessment. The Engineer's Report is on file in the office of
the City Clerk, and reference to the Engineer's Report is hereby made for all particulars.
SECTION 8. The City Council hereby directs staff to file said assessments with the
County Auditor for collection with the regular property taxes for Fiscal Year 2008/2009.
SECTION 9. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 24th day of June, 2008.
7M;
rY"OR
ATTEST:
CITY CLERIC "
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Sharon L. Dawson, MMC, 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 24th day of June, 2008, by the following vote:
AYES: COUNCILMEMBERS: Ender, Weste, Ferry, McLean, Kellar
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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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. 08-71, adopted by the City Council of the City of
Santa Clarita, California on June 24, 2008, 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, MMC
City Clerk
By
Susan Caputo
Deputy City Clerk
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