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HomeMy WebLinkAboutRES CC 1999 1626 1999 0623RESOLUTION NO. 99 -1626 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, 1999 AND ENDING JUNE 30, 2000. WHEREAS, the City Council of the City of Moorpark, by Resolution No. 99 -1562, adopted January 20, 1999, 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, 1999 and ending June 30, 2000; and WHEREAS, said Resolution No. 99 -1562 ordered the City Manager to cause to be prepared an Engineer's Report for Assessment District 84 -2 for FY 1999/000 in accordance with Article 4, Chapter 1, Part 2, Division 15 of the California Streets and Highways Code; 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 -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 Resolution No. 99 -1626 Page 2 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. 99 -1603, adopted May 5, 1999, approved the Engineer's Report pertaining to such matters; and WHEREAS, certain of the assessment amounts forwarded to the County Tax Collector in FY 1998/99 were net amounts subsequent to a credit given for a prior year carry over -- the actual assessment amount being the full assessment prior to said credit; and WHEREAS, except as noted above, the assessment amounts proposed for FY 1999/2000 have not changed from the assessments levied in FY 1998/99; and WHEREAS, subsequent to the adoption of Resolution 99 -1603 approving the Engineer's Report, the City Council has approved a number of changes to the Engineer's Report as deemed necessary and appropriate; and WHEREAS, said Resolution No. 99 -1603 also set 7:00 p.m., June 2, 1999, as the time and date of a public hearing to consider such matters; and WHEREAS, on June 2, 1999, 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, 1999, and ending June 30, 2000; 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. 99 -1626 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, 1999, and ending June 30, 2000. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, DOES HEREBY 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 May 5, 1999, 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. 99 -1603 approving said Engineer's Report, is hereby levied for the Fiscal Year 1999/00. 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 and shall cause a certified resolution to be filed in the book of original resolutions. APPROVED AND ADOPTED this 23rd da�flof June, A99/9- Patrick Punter, Mayor ATTEST: Resolution No. 99 -1626 Page 4 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 -1626 was adopted by the City Council of the City of Moorpark at a meeting held on the 23th 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. Traffenstelie, City Clerk (seal)