Loading...
HomeMy WebLinkAboutRES CC 1997 1332 1997 0619RESOLUTION NO. 97- 1332 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, 1997 AND ENDING JUNE 30, 1998, WHEREAS, the City Council of the City of Moorpark, by Resolution No. 97 -1267, adopted January 15, 1997, 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, 1997 and ending June 30, 1998; and, WHEREAS, said Resolution No. 97 -1267 ordered the City Manager to cause to be prepared an Engineer's Report for Assessment District 84 -2 for FY 1997/98, in accordance with Article 4, Chapter 1, Part 2, Division 15 of the California Streets and Highways Code, said Engineer's Report to include the establishment of two new Zones of Benefit for Tract 41.47 and for the Carlsberg Specific Plan; and, WHEREAS, by Resolution No. 97 -1285, the City Council amended said Resolution No. 97 -1267 to also require said Engineer's Report to also provide for the establishment of a third new Zone of Benefit for Tract 41.47 (Villa Campesina ; 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 install, construct or maintain any authorized improvements under the Act, including but, not limited to one or more of'street lights, public lighting facilities,, landscaping, statuary, fountains, and other ornamental structures and facilities, and any facilities which are appurtenant to any of the aforementioned or which are necessary or convenient for the maintenance or servicing thereof, including irrigation, electric current and energy; and to provide incidental expenses in connection therewith; and, WHEREAS, said "MOORPARK LIGHTING AND LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT NO. AD- 84 -21' also consists of a number of specific zones in order to provide f'or the assessment of the properties within said zones for the cost of maintaining certain specified improvements which benefi,'- sa.�d properties; and, Resolution No. 97- 1332 Page 2 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, WHEREAS, the City Council of the City of Moorpark, by Resolution No. 97 -1296, adopted April 4, 1997, approved the Engineer's Report pertaining to such matters; and, WHEREAS, said Resolution No. 97 -1296 also set 7:00 p.m., May 19, 1997, 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 19, 1997, 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. 97 -1296 also set 7:00 p.m. , June 4, 1997, as the time and date of a public hearing to consider such matters; and,. WHEREAS, on June 4, 1997, 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, 1997 and ending June 30, 1998; and,. WHEREAS, subsequent to closing the public hearing on June 4, 1997, the City Council continued these matters to and further discussed same on June 11, 1997, and June 18, 1997; 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, Resolution No. 97- 1332 Page 3 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, 1997 and ending June 30, 1998. 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 March 28, 1997, 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. 97 -1296 approving said Engineer's Report, :i.s hereby levied for the Fiscal Year 1997/98. 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 ATTEST: _JUNE , 1997. r�4 I r-'6 -r- 4 1 799 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. 97- 1332 was adopted by the City Council of the City of Moorpark at a meeting held on the 18th day of JUNE , 1997, and that the same was adopted by the following vote: COUNCLMEMBERS EVANS, PEREZ, RODGERS TEASLEY, WOZNIAK AND AYES: MAYOR HUNTER NOES: NONE ABSENT: NONE ABSTAIN: NONE WITNESS my hand and the official seal of said City this 25th day of JUNE . , 1997• illian E. Hare, CMC o. City Clerk �o i d0' 09 00 q9 te'O Jay{ PATRICK HUNTER BERNARDO M. PEREZ CHRISTOPHER EVANS DEBBIE RODGERS TEASLEY JOHN E. WOZNIAK Mayor Mayor Pro Tom Councilmember Councilmember Councilmember