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Home My WebLink AboutRES CC 1992 880 1992 0819RESOLUTION NO. 92- 8 8 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA DECLARING ITS INTENTION TO ORDER CREATION OF ITS ASSESSMENT DISTRICT NO. 92 -1 WHEREAS, the City Council of the City of Moorpark, California (the "City Council "), has received and filed a petition (the "Petition ") for the institution of proceedings for the construction of certain improvements and payment of incidental expenses by creation of City of Moorpark Assessment District No. 92 -1 ( "A.D. No. 92 -1 "), as shown on that certain map designated Exhibit A, "PROPOSED BOUNDARIES ", attached hereto and incorporated herein by reference; and WHEREAS, the consent of the City Council has been given for the creation of A.D. No. 92 -1 and for the construction of improvements and levy of assessments on parcels within A.D. No. 92 -1 as shown on Exhibit A; NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND DECLARED by the City Council of the City of Moorpark, California, as follows: SECTION 1. The above recitals are all true and correct. SECTION 2. The public interest, convenience and necessity require, and it is the intention of the City Council pursuant to the provisions of Division 12 of the Streets and Highways Code of the State of California, being the Municipal Improvement Act of 1913 (the "Improvement Act "), to order the construction of certain improvements within the City of Moorpark, California (the "City ") (the "Improvements "). SECTION 3. The City Council has determined to proceed in forming an assessment district pursuant to the Improvement Act. SECTION 4. The area to be benefitted by said improvements and to be assessed to pay the costs and expenses thereof and to be known as "City of Moorpark Assessment District No. 92 -1 " shall be that part of the City having exterior boundaries as shown on Exhibit A, which map is on file in the office of the City Clerk. Reference hereby is made to that map and Exhibit A for a full and complete description of the proposed assessment district, and Exhibit A shall govern all details as to the extent of the proposed A.D No. 92 -1. SECTION 5. The Engineer of Work appointed pursuant to Resolution No. 92 -881 (the "Engineer of Work ") shall furnish to the City Council a report in writing pursuant to Streets and Highways Code Section 10204, presenting the following: Sri-I (a) Plans and specifications of the proposed project; (b) An estimate of the costs of the proposed project, including incidental costs and expenses in connection therewith; (c) A diagram showing the proposed assessment district, which diagram also shall show the boundaries and dimensions of the subdivisions of land within A.D. No. 92 -1, each of which subdivision shall be given a separate number upon said diagram; (d) A proposed assessment of the total amount of the cost and expenses of the proposed improvement upon the subdivisions of land within the proposed assessment district in proportion to the estimated benefits to be received by such subdivisions, respectively, from said improvements. The assessment shall refer to such subdivisions upon the diagram by the respective numbers thereof; (e) The total amount, as near as may be determined, of the total principal sum of all unpaid special assessments and special assessments required or proposed to be levied under any completed or pending assessment proceedings, other than that contemplated in the instant proceedings, which would require an investigation and report against the total area proposed to be assessed; (f) The total true value, as near as may be determined, of the parcels of land and improvements which are proposed to be assessed. Total true value may be estimated as the full cash value of the parcels as shown upon the last equalized assessment roll of Ventura County. Alternatively, total true value may be determined by other responsible means, including, but not limited to, adjusting the value shown on the last equalized assessment roll to correct for deviations from market value due to Article XIIII A of the California Constitution; and (g) A proposed maximum annual assessment upon each of the several subdivisions of land in A.D. No. 92 -1 to pay costs incurred by the City and not otherwise reimbursed which result from the administration and collection of assessments or from the administration or registration of any associated bonds and reserves or other related funds. SECTION 6. Each contract for the Improvements shall be let to the lowest responsible bidder. The City Clerk shall publish notice inviting sealed proposals for each contract pursuant to Government Code Section 6066, or by such posting as the City may provide. The time fixed for the opening of bids shall not be less than fourteen (14) days after the first publication or posting of the notice. g,. -2 Each bid shall be accompanied by cash, a cashier's check or a certified check, amounting to ten percent (10 %) of the bid, payable to the order of the City, or by a bond for that amount and so payable, to the satisfaction and approval of the Superintendent of Streets appointed pursuant to Resolution No. 92- (the "Superintendent of Streets "). The amount so posted shall be forfeited to the City if the bidder does not, within fifteen (15) days after written notice that the contract has been awarded to the bidder, enter into a contract with the City for the work. SECTION 7. The public interest, convenience and necessity require that certain land, rights -of -way, easements and improvements be obtained in order to fulfill the purposes proposed for the assessment district. For a general description of the location and extent of the easements or lands necessary to be acquired, reference is made to the map and Exhibit A on file with the City Clerk. SECTION 8. Serial bonds to represent the unpaid assessments, and bearing interest at a rate not to exceed the current legal maximum rate of twelve percent (12%) per annum, will be issued in the manner provided in the Improvement Bond Act of 1915 (the "Bond Act "), being Division 10, including Part 10.7 of the California Streets and Highways Code, the last installment of which bonds will mature a maximum of and not to exceed thirty -nine (39) years from the second day of September next succeeding twelve (12) months from their date. The provisions of Part 11.1 of the Bond Act, providing an alternative procedure, the advance payment of assessments and the calling of bonds, shall apply. The principal amount of the bonds maturing each year shall be an amount equal to an even annual proportion of the aggregate principal of the bonds, and the amount of principal maturing each year, plus the amount of interest payment in that year, will be generally an aggregate amount that is equal each year, except for the first year's adjustment. Pursuant to Streets and Highways Code Section 8769, the City Council has determined that the City will not obligate itself to advance available funds from its general revenues to cure any deficiency which may occur in the bond redemption fund. The City may advance such funds in its sole discretion and may contribute to A.D. No. 92 -1 as provided in Streets and Highways Code Section 10205. Pursuant to the provisions of Streets and Highways Code Section 10603, the City Treasurer of the City is hereby designated as the officer to collect and receive the assessments during the cash collection period. Said bonds further shall be serviced by the fiscal agent or trustee approved by the City. SECTION 9. If any excess shall be realized from the assessment, it shall be used, in such amounts as the City Council may determine, in accordance with the provisions of law, for one or more of the following purposes: 97- -3- (a) Transfer to the general fund of the City; provided that the amount of any such transfer shall not exceed the lesser of One Thousand Dollars ($1,000.00) or five percent (5%) of the total from the Improvement Fund (as hereinafter defined); (b) As a credit upon the assessment and any supplemental assessment; or (c) For the maintenance of the improvement. SECTION 10. A special improvement fund identified and designated by the name of A.D. No. 92 -1 Improvement Fund hereby is established (the "Improvement Fund "), and into said Fund monies may be transferred at any time to expedite the making of the improvements herein authorized, and any such advance of funds is a loan and shall be repaid out of the proceeds of the sale of bonds as authorized by law. SECTION 11. The Superintendent of Streets, whose telephone number is (805) 529 -6864, hereby is designated by the City Council to answer inquiries regarding the hearing procedures of the Resolution of Intention and to answer inquiries relative to any hearing or proceedings concerning the Improvements where it is required by statute that such agency and telephone number be so designated and provided. SECTION 12. All public agency property in the use and performance of a public function shall be omitted from assessment in these proceedings unless expressly provided and listed here. SECTION 13. Pursuant to the Petition for Improvements Under Special Assessment Acts and Waiver of Proceedings Under Division 4 of the California Streets and Highways Code submitted by property owners within A.D. No. 92 -1 (the "Petition ") which was received and filed with the City Clerk, there has been a waiver of the requirement that the City comply with the requirements of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 by proceeding under Part 7.5 of Division 4 of the Streets and Highways Code (commencing with Section 2960). 975 -4- SECTION 14. The City Clerk shall certify the adoption of this Resolution. PASSED AND ADOPTED this 19th day of August, 1992. ATTEST: illian Kellerman, City Clerk Mayor oft City of Moo k, California MISSION BELL I MOORPARK ' tfi , ' I (1 2 SF;EET5 PRONOM f) Ht )I IJLIAKI( E ()I, , PLAZA ASSESSMENT DISTRICT ASSESSMENT DISTRICT 92 -1 IN 1111 ::I1Y 'JO OI,'I'AK t;011�J1 I I,I Jl i,(�A tiTAlf. ); n ASSESSMENT DISTRICT BOUNDARIES THE E)FTENT Or THE TERRITORY RLNEFIT(U HY AND IU I,1 K TO PAY THE COSTS AND FKPF NSr5 OF THE :VPRl)YI �I n THE MISSION bEIL HIA2A A�SC'•'.M!NI JISIRK 'aCIIII II 'I .rr. nivr ASSESSOR'S PARCELS. 506 -0 -050 -015 506 -0- 050 -025 506 -0 -050 -040 506' 0 -0`i0- 050 506' O' W,0 OCI(: S(1Fi'-0- -(IJU 51 1. 0' ono' 19 51 1 -0 OhO 2c' 511- -0'ORO 21', S11 -0 080'24• 511-- 0 -OdU' 31`, 51 t -0 -080 - 32`r 511 -'0 -080- 3155 511 -O- OHO' -36i, 511 -0 -080 -375 }I1 -0- 080-42 ASSESSMENT DIAGRAM SHOWMO TH( IAN(,5 WITHIN Irrl A•.',.1 •N:••• I yr I r. AND ASSESSED ION FUNK iV Ill ..•n;INllr I1.. .I A,I• I,I •• DIE RESOLUTION OF INILHTION AL)OPIFO by Irll II w n I I- CITY OF MOWHIMK NT A RMAAN RESOLUTION NO ..,(,F': ijtl w TIIL VNU(.FIIIIn:.•.r rr lR III, ..r .. .I r•. SAID LAND INCI u0 IIIE FOL L Owl NG A!, E 1.aR -' I Ap, I I •.. 506— 0— USG -01,`, 506. -0 n50 n2` 5U6- 0'(150. 0 5116 •0 -O:3O- Otj 06 - 0 -050 - Of,( 506 0 -OS:) L) k 51 1 0- 080 - 19F 51I- 0- 086 -4U`. 51 0 "080 21`_' 1511 0- Otill .241, I I . 1 I.rr liar ,I.IKM Iris !! UAY IN A C :TV CI IRK r CITY of MUDRf ARK w�nrill YAI- IIIwIN: MNUYO51 i' HDI,NI,ANII �. •• ) I •,'I .Ml rll III�INK -' MlIUN1'AN /. AS'.ESiWNT rr r .r r "I s"1 f,(,UNfY OF YTllflll . jIAIE O• A. 0Y Ilrllnl.It OI INI CITY IrF �K"( Ip�RK •. rhu,1. UN /', DAY nt �yI �FU u, I. rr r r I, I vl. �•y'V Y ' IIIL 1-0— UI ..1 l I , A.:I(`. r11 YAPS A .NK -111 Of Cf IHI COUNT+ (:UUN T, RE UMf)l 11 IUNIY OF VLNTIIRA 511 -0 Oh(- 151.`, 1 U - 11hI1 I 1 i 1 e 'ice ,� f tli MISSION BELL PLAZA ASSESSMENT DISTRICT LEGAL DESCRIPTION FOR PROPOSED BOUNDARIES MISSION BELL ASSESSMENT DI9FRICT 92 -1 BRING A PORTION OF LOTS 'K" AND `P' OF TRACT ••C RAN(.HO SIMI. .I PER S M.R. S AND A PORTION OF LOT'S 44 AND 45 OF LOT (' RANCHO SIMI, PL•It i M.R. i9• IN rim COUNTY (tl' vCN rU)(A VICINITY MAP 1 I 1 O � e `Do MOORPARK 799 Moorpark Avenue Moorpark, California 93021 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) :;s. CITY OF MOORPARK ) (805) 529.6864 I, Lillian E. Hare, City Clerk of the City of Moorpark, California, do hereby certify undor E)enalty of perjury that the foregoing Resolution No. 92 -880 was adopted by the City Council of the City of Mooi pai � at a meeting held on the 19th _ day of AUGUST__ ()9e, and that the same was adopted by the following vot., COUNCILMEMBERS MONTGOMERY, PEREZ, TALLEY, WOZNIAK AND AXES: MAYOR LAWRASON NOES: NONE ABSENT: NONE ABSTAIN: NONE WII'NESS my hand and the (,ff :cial seal of said City this _4th___ day of — DECEMBER 1992. ill ian i ;I,�r'P City c l- PAUI W I.AWRASON JR JOHN E WOZNIAK SCOTI MON i (.0MI 1I� Mayor May Of Pro lem Coun(,dn•em h, flf NNARUO M PEltf ' ROY f 1A1111 . Coun(dn,( —f a Cuun<.dn.rm i,.., lb,nrr - -