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Home My WebLink AboutRES CC 2004 2194 2004 0519RESOLUTION NO. 2004-2194 A RFSOI LITTON OF INTENV 1 ON OF THE CITY COUNCT T OF 7EE CITY OF MOORPARK, CALIFORNIA '20 LEVY ASSESSMENTS FOR FTSCAL YEAR 2C04 -05, PRELIMINARILY APPROVING ENGTNPER'S REPORT, AND PROVIDING FOR NO`T'ICE 0- HEARING FOR THE PARKS AND RECREATION MAINTENANCE AND TMPROVEMENT DISTRICT OF TH='. CITY OF MOORPARK WHEREAS, on Duly 15, 1999, by its Resolution No. 99-7.625, af. to r recei v . nc a weighted majority of ballots it support of the proposed assessment, this Council ordered the formation of and levied the first assessment within. the City of Moorpark Parks and Recreation Maintenance and Improvement. District (the "Assessment. District."; oursuant no the provisions of A.rt -cle XITTD of t`:e California Constitution, and the iordscao_ng and Lighting Act of 1972 (the "Act"), Par'_ 2 of Division :5 of the California Streets and Higriways Code (commencing with Sectton 22500 thereof); and WHEREAS, by Resolution No. 20C4 -2167, the City Coun& ordered the preparation of an Engineer's Report for the Parks and Recreation Maintenance and Improvement District. (the "District") for fiscal year 20C4 -05; and WHFRFAS, pursuant to said Resolution, the Engineer's Report was prepared by Shilts Consultar_ts, Inc., Fngineer of Work, in accordance with 22565, e!. seq., of the Streets and Highways Code (the "Report ") and Article XTTTD of the California Constitution; and W:IERFAS, said Fngir.eer's Report was filed with the City Clerk aria the City Council has revLewed the Repor'_ ar.d wishes to take- certain actions relative to said Report. NOW, T - IEREFORE, THE CITY COC;NC1 1, OF THE C----'Y OF MOORPARK, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SFCT--ON 1. The Report fcr "PARKS AND RECREATION MAINTENANCE AND IMPROVFMFNT ASSESSM_NT DISTRICT ", on file with the City Clerk, nas been duly considered by the Moorpark City Cwunci'. and is hereby deemed sufficient aqd aworoved. The Report shall stand as the Engineer's Report for all subsequent proceedings under, and pursuant to, the foregoing resolution. Resolut=ion No. 2004 -2194 Page 2 SEC _T!ON 2. Tt is the intention of this Council to levy and collect assessments within the Assessment Disnricn for fiscal year 2004 -05. Within the Assessment District., the existing and proposed improvements, and any substantial changes proposed to be made to the existing improvements, are generally described as the installation, maintenance and servicing of public facilities, including but not Limited to, landscaping, sprinkler systems, park grounds, park facilities, landscape corridors, ground cover, shrubs and trees, street frcnLages, playground equipment and hardcourt areas, senior and community centers, drainage systems, lighting, fencing, en'ry monuments, basketball courts, Lennis courts, running tracks, other recreational fac,ilit.ies, security guards, graffiti removal and repainting, and labor, materials, supplies, utilities and equipment, as applicable, for property owned and maintained by the City of Moorpark. Tnstallation means the construction of recreational improvements, including, but not. limbed to, land preparation, such as grading, leveling, cutcinq and f ill r.g, sod, l andscapi rig, irrigation systems, sidewalks and drainage, lights, playground equipment, play courts, recreational facilities and public rest-rooms. MaLntenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing o- said improvements, inciud.ing repair, removal, or replacement- of all or part- of any improvement; providing for the life, growth, health and beauty of landscapir;; and cleanir:g, sandblasting and painting of walls and other improvements t- remove cr, cover graffiti. Servic-ing means the furnishing of elecir-hc, current or energy for the operation or iighting of any improvements, and water for irrigation of any landscaping or the maintenance of any other improvements. SECTION 3. The Assessment District consists of the lots ano. parcels shown on *-he boundary -nap of the Assessment District: on file with the City Cleric, and reference is hereby :Wade to such map for further particulars. SFCTTON 4. Reference is hereby made :.o the Engineer's Report for a full and detailed description of the improvements, the boundaries of the Assessment District_ and the proposed assessments upon assessable lots and parcels of land withir: the Assessment. District. The Fr:ginee.r's Report identifies all parcels whic� wtil have a special benefit conferred upon tKerr. and upon which an assessment wi_1 be imposed. SFCTTON - The authorized maximum assessment rate for the_ Assessment District includes an annual adjustment by an amo,,.nt equai to the annual change in the cos Angeles COnSImE'r Price Index, riot to exceed K per year. The authorized annual. adjustmeriL for fiscal year 2004 -05 is 2.5°, which is equal to the charge in Lhe .Los Angeles Consumer Price T ndex from December 2002 t.o December 2003 p' us unused CPI changes from previous f i sca year assessments in excess of the 3.0. maximum ar:ua_ adjustment. =nc 1 udi n : Lhe authorized annual ad j ustmer.t, Lhe rnaximan.. Resolution No. 2004 -2194 Page 3 authorized assessment rate for fiscal year 2004 -05 is 544.60 per single family equivalent benefit unit and the proposed fiscal year 2004 -05 assessment rate per single family equivalent benefit unit is $44.60. SECTION 6. Notice is hereby given '..hat on June 2, 2304, a' the hour of 7:00 o'clock p.m. in the Council Chambers, located a:. V99 voorpark Avenue, Moorpark, California 93021, the Council will hold a public hearing to consider the ordering of the improvements and the levy of the proposed assessments. SECTION Y. Prior to the conclusion of the hearirq, any interested person may file a written protest with the City Clerk, or, hav-ng previously filed a protesn, may file a written withdrawal of that protest. A written pretest shall state al g our.ds of objection. A protest by a property owner shall contain a description sufficient `o identify the property owned by such owner. Such pro:_est or w Ahdrawai of protest should be mailed to Shilts Consultants, Inc., 2300 Boynton Ave., Suite 201, Fairfield, CA 94533. SECTION 8. The City Clerk shall cause a notice of the hearing to be given by publishing a copy o! this resolution once, at-- leas;, ter. ',10) days prior to t -he date of the hearing above specified, in a newspaper circulated in the City of Moorpark. SECTION 9. The City Cl " all certify to t e i� adoption of this resolution nd shal caul a ertif'ed resclu! ion to be filed in trFy book of or q! n- res u .ion. . PASSED AND ADOPTED this 1 9th day of h y, . 0 t r i ck Hur ter, Mayor ATTEST: Deborah S. Traffe71te7t, City C'-er ;,< Resolut' on No. 2004 -2194 Page 4 STATE; OF' CAL= FORNIA COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Debora :n S. Tfaffe- lstedt, City Clerk of the City of '!oo park, California, do hereby certify ender penalty of oe -jury that the foregoing Resol•.ation No. 2004 -2194 adopted by the City Council of the City of M^,crpark at a regular mee--inq held on the 19th of May, 2004, and that the same was adopt-ed by she following vo-:e: AYES: Councilmembefs Harper, M_kos, Millhouse, Pa--vin and Mayor Hunter NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 2nd day cf dune, 2004. �..� -, � n.D.a.., -,fib_ � eborah S. Traffe t, City Clerk (sea