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HomeMy WebLinkAboutRES CC 1999 1625 1999 0616RESOLUTION NO. 99- 1625 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING ENGINEER'S REPORT FOR THE FORMATION OF THE PARK AND RECREATION MAINTENANCE AND IMPROVEMENT ASSESSMENT DISTRICT, CONFIRMING DISTRICT DIAGRAM AND ASSESSMENT AND ORDERING LEVY OF ASSESSMENT FOR FISCAL YEAR 1999 -00 WHEREAS, by Resolution No. 99 -1566, the City Council ordered the preparation of an Engineer's Report initiating proceedings for the formation of a Parks and Recreation Maintenance and Improvement District; and WHEREAS, by Resolution No. 99 -1597 the City Council approved the Engineer's Report for said District and set a date for a Public Hearing; and WHEREAS, the Council designated Shilts Consultants, Inc. as Engineer of Work and ordered said Engineer to make and file an Engineer's Report for a proposed Parks and Recreation Maintenance and Improvement District; and WHEREAS, the report was duly made and filed with the Council and duly considered by this Council and found to be sufficient in every particular, whereupon it was determined that the report should stand as the Engineer's Report for all subsequent proceedings; and WHEREAS, pursuant to Article XIIID of the California Constitution, a joint notice and mail ballot was duly and regularly given, including the notice that this Council would be conducting a public hearing on June 16, 1999, on the question of the levy of the proposed assessment; and WHEREAS, on June 16, 1999, at the hour of 7:00 p.m. at the City of Moorpark, City Council Chambers, 799 Moorpark Avenue, Moorpark, California, 93021, the public hearing was duly and regularly held as noticed, and all persons interested and desiring to be heard were given an opportunity to speak and be heard, and all matters and things pertaining to the levy were fully heard and considered by this Council, and all oral statements and all written protests or communications were duly considered; and Resolution No. 99- 1625 Page 2 WHEREAS, at the public hearing the Council tabulated the mail ballots and found that a majority protest as defined by Article XIIID of the California Constitution did not exist, and this Council thereby acquired jurisdiction to order the levy and the confirmation of the diagram and assessment prepared by and made a part of the Engineer's Report to pay the costs and expenses thereof. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. A majority protest does not exist. The assessment ballots submitted, and not withdrawn, in opposition to the proposed assessment do not exceed the assessment ballots submitted, and not withdrawn, in favor, weighting those assessment ballots by the amount of the proposed assessment to be imposed upon the identified parcel for which each assessment ballot was submitted. SECTION 2. The Parks and Recreation Maintenance and Improvement District benefited by the improvements and assessed to pay the costs and expenses thereof, and the exterior boundaries thereof, are as shown by a map thereof filed in the office of the Council, which map is made a part hereof by reference thereto. SECTION 3. The Engineer's Report as a whole and each part thereof, to wit: (a) the Engineer's estimate of the itemized and total costs and expenses of maintaining the improvements and of the incidental expenses in connection therewith; (b) the diagram showing the assessment district, plans and specifications for the improvements to be maintained and the boundaries and dimensions of the respective lots and parcels of land within the Parks and Recreation Maintenance and Improvement District; Resolution No. 99- 1625 Page 3 (c) the assessment of the total amount of the cost and expenses of the proposed maintenance of the improvements upon the several lots and parcels of land in the Parks and Recreation Maintenance and Improvement District in proportion to the estimated special benefits to be received by such lots and parcels, respectively, from the maintenance, and of the expenses incidental thereto; and (d) are finally approved and confirmed. SECTION 4. Final adoption and approval of the Engineer's Report as a whole, and of the plans and specifications, estimate of the costs and expenses, the diagram and the assessment, as contained in the report, is intended to and shall refer and apply to the report, or any portion thereof as amended, modified, or revised or corrected by, or pursuant to and in accordance with, any resolution or order, if any, heretofore duly adopted or made by this Council. SECTION 5. The assessment to pay the costs and expenses of the construction or installation, maintenance and operation of the improvements for fiscal year 1999 -2000 is hereby levied. SECTION 6. Based on the oral and documentary evidence, including the Engineer's Report, offered and received at the hearing, this Council expressly finds and determines (a) that each of the several lots and parcels of land will be specially benefited by the construction or installation, maintenance and operation of the improvements at least in the amount, if not more than the amount, of the assessment apportioned against the lots and parcels of land, respectively, and (b) that there is substantial evidence to support, and the weight of the evidence preponderates in favor of, the aforesaid finding and determination as to special benefits. SECTION 7. Immediately upon the adoption of this resolution, but in no event later than the second Monday in August following such adoption, the Council shall file a certified copy of the diagram and assessment and a certified copy of this resolution with the Auditor of the County of Ventura. Resolution No. 99- 1625 Page 4 Upon such filing, the County Auditor shall enter on the County assessment roll opposite each lot or parcel of land the amount of assessment thereupon as shown in the assessment. The assessments shall be collected at the same time and in the same manner as County taxes are collected and all laws providing for the collection and enforcement of County taxes shall apply to the collection and enforcement of the assessments. After collection by the County, the net amount of the assessments, after deduction of any compensation due the County for collection, shall be paid to the Parks and Recreation Maintenance and Improvement District of the City of Moorpark. SECTION 8. The moneys representing assessments collected by the County, shall be deposited in the City Treasury to the credit of the improvement fund previously established under the distinctive designation of the Parks and Recreation Maintenance and Improvement District. Moneys in the improvement fund shall be expended only for the construction or installation, maintenance and operation of the improvements. SECTION 9. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original Resoluti PASSED AND ADOPTED this 16th day o ATTEST: Deborah S. Traffenste t, City Clerk Resolution No. 99- 1625 Page 5 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 99 -1625 was adopted by the City Council of the City of Moorpark at a meeting held on the 16th day of June, 1999, and that the same was adopted by the following vote: AYES: Councilmembers Evans, Harper, Rodgers, Wozniak and Mayor Hunter NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 15th day of July, 1999. Deborah S. Traffenste dt, City Clerk (seal)