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HomeMy WebLinkAboutRES CC 2000 1734 2000 0503Aftk RESOLUTION NO. 2000 -1734 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, CERTIFYING THE TABULATION OF MAIL BALLOTS RECEIVED PERTAINING TO THE PROPOSED INCREASE TO THE ASSESSMENTS FOR ZONE 12 OF ASSESSMENT DISTRICT 84 -2 FOR FISCAL YEAR 2000 -2001 WHEREAS, by Resolution No. 2000 -1688, adopted on January 5, 2000, the City Council ordered the preparation of an Engineer's Report for "Moorpark Lighting and Landscaping Assessment District 84 -2" [herein DISTRICT] for Fiscal Year 2000 -2001, in accordance with Section 22500 et. seq. of the Streets and Highways Code; and WHEREAS, said Resolution stated the intent of the City Council to make certain changes to the amount of the assessment for Zone 12 of the DISTRICT, said increases to be made in accordance with the requirements of Article XIII -D of the California Constitution (Proposition 218); and WHEREAS, by Resolution No. 2000 -1711, adopted on March 1, 2000, the City Council approved an excerpt from the Engineer's Report for the DISTRICT for FY 2000/2001, identifying certain improvements to be added to Zone 12 of the DISTRICT and determining the amount of the increase to the Zone 12 assessments required to maintain those improvements; and WHEREAS, by Resolution No. 2000 -1721, adopted on April 5, 2000, the City Council approved the entire Engineer's Report for the DISTRICT for Fiscal Year 2000/2001, which included the aforementioned excerpt for Zone 12, said report being on file with the City Clerk; and WHEREAS, the aforesaid Resolution No. 2000 -1711 (adopted March 1, 2000) set May 3, 2000, at 6:30 p.m. as the date and time of a public hearing to consider the proposed added improvements and increased assessments for Zone 12; and WHEREAS, said Resolution No. 2000 -1711 further directed that a Public Hearing Notice, giving notice of said hearing, be mailed to the owner of each property affected by the proposed assessment increase, as listed in the last equalized secured property tax assessment roll of the County of Ventura; and, WHEREAS, said Resolution further directed that said Public Hearing Notice define and describe the improvements proposed to be added to Zone 12, the total assessment proposed for Zone 12, the amount of the assessment for the parcel owned by the addressee of the Hearing Notice, the duration of the assessment, the reason for the assessment, and the basis upon which the amount of the assessment was calculated; and, Resolution No. 2000 -1734 Page 2 WHEREAS, said Resolution further directed that an assessment ballot be provided with the Public Hearing Notice to be mailed to the owner of each affected property, along with a summary of the procedures for marking and returning the ballot to the City to indicate support or opposition to the proposed assessment increase; and, WHEREAS, said summary of the balloting procedures also described the minimum requirements for the approval of the assessment increase and advised that a majority protest would result in the assessment not being imposed; and WHEREAS, said Public Hearing Notices, assessment information and ballots were mailed to the owners of all of the affected properties at least forty -five (45) days prior to the date of the public hearing; and WHEREAS, said Notice and mail ballots were provided to the owners of the affected properties in accordance with the requirements of Article XIII -D of the California Constitution; and WHEREAS, on May 3, 2000, at the hour of 6:30 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 City Council, and all oral statements and all written protests or communications were duly considered; and WHEREAS, at the public hearing the Council tabulated the mail ballots and found that a majority protest as defined by Article XIII -D 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 for Zone 12 of the DISTRICT, prepared by and made a part of the Engineer's Report, to pay 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 parcels for which each assessment ballot was submitted. Resolution No. 2000 -1734 Page 3 SECTION 2. The Engineer's Report describing the assessments for the DISTRICT for FY 2000/2001, which is scheduled to be considered at a public hearing before the City Council on June 7, 2000, shall provide for the aforementioned assessments upon the properties within Zone 12 of the DISTRICT. 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. PASSED AND ADOPTED this 3rd day of May, 2000. ATTEST: Deborah S. Traffenste , City Clerk Resolution No. 2000 -1734 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. 2000 -1734 was adopted by the City Council of the City of Moorpark at a meeting held on the 3rd day of May, 2000, 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 18th day of May 2000. /7 —1 Deborah S. Traffenste , City Clerk (seal)