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HomeMy WebLinkAboutRES CC 1994 1043 1994 0629RESOLUTION NO. 94- 1043 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, MAKING CERTAIN CHANGES TO THE "MOORPARK LIGHTING AND LANDSCAPING MAINTENANCE DISTRICT NO. AD -84 -2" AND CONFIRMING THE ASSESSMENT FOR SAID DISTRICT THE FISCAL YEAR COMMENCING JULY 1, 1994 AND ENDING JUNE 30, 1995. WHEREAS, the City Council of the City of Moorpark, by Resolution No. 94 -994, adopted January 5, 1994, declared its intention to make certain changes to the "MOORPARK LIGHTING AND LANDSCAPING MAINTENANCE DISTRICT NO. AD- 84 -211, and to order the extension of the annual assessments for said district for the fiscal year commencing July 1, 1994 and ending June 30, 1995; and, WHEREAS, said "MOORPARK LIGHTING AND LANDSCAPING MAINTENANCE DISTRICT NO. AD -84 -2" consists of a single city -wide zone to provide electric current or energy for public lighting within the City, to provide for installation or maintenance of landscaping and the construction or maintenance of curb, gutter, or sidewalk structures and facilities, to install or construct facilities which are appurtenant to any of the foregoing, for the maintenance or servicing or both, of any of the foregoing and to provide incidental expenses in connection therewith; and, WHEREAS, said "MOORPARK LIGHTING AND LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT NO. AD -84 -2" also consists of a number of specific zones in order to provide for the assessment of the properties within said zones for the cost of maintaining certain specified improvements which benefit said properties; and, WHEREAS, pursuant to the terms of a Joint Powers Agreement (JPA) between the City of Moorpark and the County of Ventura, the City Council of the City of Moorpark, by Resolution No. 92 - 860 adopted on June 29, 1992, annexed certain unincorporated area just west of the City known as Home Acres, to the "MOORPARK LIGHTING AND LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT NO. AD -84 -2" in order to implement those provisions of the JPA pertaining to the construction and maintenance of a buffer area between said unincorporated area and the West Ranch area of PC -3 (Tracts 4340, 4341 and 4342); and, WHEREAS, in accordance with the provisions of the aforesaid JPA, it has been determined that said buffer area provides benefit to both the aforesaid Home Acres area and the West Ranch area of PC -3, and a Zone of Benefit encompassing said areas was established to allow for the levy of assessments on the properties within said Zone of Benefit for the purpose of developing and maintaining said buffer area; and, Resolution No. 94- 1043 Page 2 WHEREAS, the City Council of the City of Moorpark, by Resolution No. 94 -1026, adopted April 6, 1994, approved the Engineer's Report pertaining to such matters; and, WHEREAS, said Resolution No. 94 -1026 also set 7:00 p.m., May 16, 1994, as the time and date of a public meeting to allow the public an opportunity to discuss the proposed increased assessment with City staff; and, WHEREAS, said public meeting was convened on May 16, 1994, at 7:00 p.m. in the City Council Chambers for the purpose of allowing the public an opportunity to discuss with City staff the proposed increased assessments; and, WHEREAS, said Resolution No. 94 -1026 also set 7:00 p.m., June 1, 1994, as the time and date of a public hearing to consider such matters; and, WHEREAS, on June 1, 1994, the City Council held a public hearing to determine whether said changes to said district should be made, and whether the annual assessments should be ordered and confirmed for the fiscal year commencing July 1, 1994 and ending June 30, 1995; and, WHEREAS, the City Council finds that written protests against the proposed work or assessment have not been made by owners representing more than one -half of the area of land to be assessed: and, WHEREAS, the City Council, having duly received, considered evidence, oral and documentary, concerning the jurisdictional facts in this proceeding and concerning the necessity for the contemplated work and benefits to be derived therefrom, and the City Council having now acquired jurisdiction to order the proposed assessments for the fiscal year commencing July 1, 1994 and ending June 30, 1995. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. The Engineer's Report for "MOORPARK LIGHTING AND LANDSCAPING MAINTENANCE DISTRICT NO. AD- 84 -211, filed with the City Clerk on April 1, 1994, as amended or revised by action of the City Council, is hereby approved and adopted, and the improvements, changes to, and extension of the annual assessments in the Assessment District, in accordance with said report, as revised, and in accordance with Resolution No. 94 -1026 approving said Engineer's Report, is hereby levied for the Fiscal Year 1994/95. Resolution No. 94- 1043 Page 3 SECTION 2. The City Clerk shall cause the diagram and assessment, or a certified copy thereof, to be filed with the County Auditor. SECTION 3. The City Clerk shall certify to the adoption of this resolution. APPROVED AND ADOPTED THIS 29th day of ..TUNE , 1994. Paul W. L wrason Jr., Mayor ATTEST• 1 City Clerk MOORPARK 799 Moorpark Avenue Moorpark, California 93021 (805) 529.6864 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) SS. CITY OF MOORPARK ) I, Lillian E. Hare, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 94 -1043 was adopted by the City Council of the City of Moorpark at a meeting held on the 29th day of JUNE , 1994, and that the same was adopted by the following vote: AYES: COUNCILMEMBERS HUNTER, MONTGOMERY, PEREZ, WOZNIAK AND MAYOR LAWRASON NOES: NONE ABSENT: NONE ABSTAIN: NONE WITNESS my hand and the official seal of said City this 5th day of JULY _ , 1994. Lillian E. Hare City Clerk PAUL W. LAWRASON JR. PATRICK HUNTER SCOTT MONTGOMERY BERNARDO M. PEREZ JOHN E. WOZNIAK Mayor Mayor Pro Tem Councilmember Councilmember Concilmember Printed on Recycled Paper