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Home My WebLink AboutRES CC 2004 2188 2004 0505RESOLUTION NO. 2004 -2188 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, OF INTENTION TO LEVY ASSESSMENTS FOR FISCAL YEAR 2004/05, PRELIMINARILY APPROVING ENGINEER'S REPORT, AND PROVIDING FOR NOTICE OF HEARING FOR THE CITY OF MOORPARK LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT AD04 -1 THE CITY COUNCIL OF THE CITY OF MOORPARK (the "City ") DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. On February 18, 2004, the Moorpark City Council adopted Resolution No. 2004 -2170, a Resolution initiating proceedings for the formation of the City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD04 -1 pertaining to the properties within Tract 5307 [Colmer] and directing preparation of an Annual Report. Pursuant to this resolution, Shilts Consultants, Inc., the Engineer of Work, prepared an Engineer's Report in accordance with Section 22565, et. seq., of the Streets and Highway Code (the "Report ") and Article XIIID of the California Constitution. The Report has been made, filed with the City Clerk and duly considered by the City Council and is hereby deemed sufficient and preliminarily approved. The Report shall stand as the Engineer's Report for all subsequent proceedings under and pursuant to the foregoing resolution. SECTION 2. It is the intention levy and collect assessments within t year 2004 -05. Within the landscaping the existing and proposed improvements as the installation, maintenance and SE cover, shrubs and trees, irrigation sy: lighting, fencing, and all necessary al materials, supplies, utilities and eq for property owned or maintained by located in or adjacent to the propertie 5307. Maintenance means the furni materials for the ordinary and usual ma servicina of said improvements, includ of the City Council to he District for fiscal and lighting district, are generally described rvicing of turf, ground tems, drainage systems, ,purtenances, and labor, zipment, as applicable, the City of Moorpark contained within Tract 3hing of services and Lntenance, operation and Lna repair, removal, or replacement of all or part of any improvement; providing for the life, growth, health and beauty of landscaping; and cleaning, sandblasting and painting of walls and other improvements to remove or cover graffiti. Servicing means the furnishing of electric current or energy, or other illuminating agent, for the operation or lighting of any improvements, maintaining, operating and servicing street and traffic safety lighting, and water for irrigation of any landscaping or the maintenance of any other improvements. Resolution No. 2004 -2188 Page 2 SECTION 3. The District consists of the lots and parcels shown on the boundary map of the District to be placed on file with the City Clerk, and reference is hereby made to such map for further particulars. SECTION 4. Reference is hereby made to the Report for a full and detailed description of the Improvements, the boundaries of the District and the proposed assessments upon assessable lots and parcels of land within the District. The assessment is subject to an annual adjustment tied to the Consumer Price Index for the Los Angeles Area as of December of each succeeding year (the CPI). In the event that the actual assessment rate for any given year is not increased by an amount equal to the CPI change, any such deferred assessment increase may be added to the total amount assessed in any subsequent year. In such event, the maximum authorized assessment amount shall be equal to the base year assessment as adjusted by the increase to the CPI, plus any and all CPI adjustments deferred in any and all prior years. SECTION 5. Notice is hereby given that on June 2, 2004 at the hour of 7:00 p.m. in the City Council Chambers of the City of Moorpark, located at 799 Moorpark Avenue, Moorpark, California 93021, the City Council will hold a public hearing for the purpose of determination whether the public interest, convenience and necessity require the improvements and whether or not to approve the Engineer's Report and the assessments therein. SECTION 6. In order to expedite the proceedings, each property owner has submitted a Petition and Waiver. In submitting these documents to the City, the property owners (1) request that the new assessment district be formed; and (2) waive all rights conferred by Proposition 218 with respect to the approval of the new assessment by mailed ballot and the 45- day time period for balloting. SECTION 7. The City Clerk shall cause a notice of the hearing to be given by publishing a copy of this resolution once, at least ten (10) days prior to the date of the hearing above specified, in a newspaper circulated in the City of Moorpark. Resolution No. 2004 -2188 Page 3 SECTION 8. 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 5th ATTEST: Q'&O-V-2�s- Deborah S. Traffenst6at, City Clerk Resolution No. 2004 -2188 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. 2004 -2188 adopted by the City Council of the City of Moorpark at a regular meeting held on the 5th of May, 2004, and that the same was adopted by the following vote: AYES: Councilmembers Harper, Mikos, Millhouse, Parvin and Mayor Hunter NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 10th day of May, 2004. Deborah S. Traffenste , City Clerk (seal)