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HomeMy WebLinkAbout2010-06-22 - RESOLUTIONS - LEVY ZONES SC LMD (2)RESOLUTION NO. 10-51 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 ALL ZONES WITHIN THE CITY OF SANTA CLARITA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NOS. 1 AND T1 FOR FISCAL YEAR 2010/11 WHEREAS, the City Council, pursuant to the provisions of the Landscape and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) (hereafter referred to as the "Act") did by previous Resolution, order the Engineer, Willdan Financial Services, to prepare and file a report in accordance with Chapter 1, Article 4, of the Act, commencing with Section 22565, in connection with the proposed levy and collection .of assessments for the Santa _ Clarita Landscape Maintenance District Nos. 1 and T1, and Zone Nos. 2008-1, 1, 2, 3, 4, 5, 6, 7, 8, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, T2, T3, T4, T5, T6, T7, T8, T17, T23, T23A, T2313, T29, T31, T42A, T42B, T42C, T46, T47 and T52 (the "Districts") for the fiscal year commencing July 1, 2010 and ending June 30, 2011; and WHEREAS, the City Council of the City of Santa Clarita is desirous to take proceedings to provide for the annual levy of assessments for Fiscal Year 2010/11 to provide for the costs and expenses necessary to pay for the maintenance of the improvements in said 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 Engineer's Report, City of Santa Clarita Landscape Maintenance District Nos. 1 and Tl, Fiscal Year 2010/2011" (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 District for the fiscal year commencing July 1, 2010 and ending June 30, 2011, to pay the costs and expenses of operating, maintaining, and servicing the improvements within the District; and WHEREAS, the assessment rates within the District are exempt from the assessment balloting procedures set forth in Section 4 of Proposition 218 because the District was 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 District. NOW THEREFORE, the City Council of the City of Santa Clarita does hereby resolve as follows: SECTION 1. Recitals: That the above recitals are all true and correct. SECTION 2. The Final Engineer's Reports as presented consist 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 2010/2011; c. An annual assessment for Fiscal Year 2010/2011 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 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 Landscape Maintenance District Nos. 1 and T1 thereon to provide for the following work: The installation, construction, or maintenance of any authorized improvements under the Act, including, but not limited to landscape and irrigation improvements and any facilities which are appurtenant to any of the aforementioned or which are necessary or convenient for the maintenance or servicing thereof. 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. 2 S SECTION 6. The City Council . hereby .finds that each and every part of the Engineer's Reportis 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. SECTION 7. The City Council does hereby reference the Engineer's Reports, which indicate the amount of the assessments, each Districts' boundaries, description of improvements and the methods of assessment. The Engineer's Reports are on file in the office of the City Clerk, and reference to the Engineer's Reports 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 2010/2011. SECTION 9. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 22nd day of June, 2010. ATTEST: CITY CLERK +t 1 3 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Sarah P. Gorman, 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 -June, 2010, by the following vote: AYES: COUNCILMEMBERS: Kellar, McLean, Ferry, Ender, Weste NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 0 UI-T'Y CLERK 1 1 u 1 1 STATE OF CALIFORNIA . COUNTY OF LOS ANGELES CITY OF SANTA CLARITA ss. CERTIFICATION OF CITY COUNCIL RESOLUTION I, , City Clerk of the City of Santa Clarita, do hereby certify that this is a true and correct copy of the original Resolution No. 10-51, adopted by the City Council of the City of Santa Clarita, California on June 22, 2010, which is now on file in my office. Witness my hand and seal of:the City of Santa Clarita, California, this _ day of 2010. City Clerk Deputy City Clerk