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Home My WebLink AboutRES CC 2004 2189 2004 0505RESOLUTION NO. 2004 -2189 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, 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 DISTRICTS WHEREAS, by Resolution No. 2004 -2166, the City Council ordered the preparation of an Engineer's Report for the City's Landscaping and Lighting Maintenance Assessment Districts (the "Assessment Districts ") for fiscal year 2004 -05; and WHEREAS, pursuant to said Resolution, the Engineer's Report was prepared by Shilts Consultants, Inc., Engineer of Work, in accordance with 22565, et. seq., of the Streets and Highways Code (the "Report ") and Article XIIID of the California Constitution; and WHEREAS, said Engineer's Report was filed with the City Clerk and the City Council has reviewed the Report and wishes to take certain actions relative to said Report and the levy of assessments recommended therein. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. The Report for "Moorpark Landscaping and Lighting Maintenance Assessment Districts ", for the fiscal year commencing on July 1, 2004 and ending on June 30, 2005, on file with the City Clerk, has been duly considered by the Moorpark City Council and is hereby deemed sufficient and 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 of this Council to levy and collect assessments within the Assessment Districts for fiscal year 2004 -05. Within the Assessment Districts, 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, street lights, public lighting facilities, landscaping, sprinkler systems, statuary, fountains, other ornamental structures and facilities, landscape corridors, ground cover, shrubs and trees, street frontages, drainage systems, fencing, entry monuments, graffiti removal and repainting, and labor, materials, supplies, utilities Resolution No. 2004 -2189 Page 2 and equipment, as applicable, for property owned, operated or maintained by the City of Moorpark. Installation means the construction of lighting and landscaping improvements, including, but not limited to, land preparation, such as grading, leveling, cutting and filling, sod, landscaping, irrigation systems, sidewalks and drainage and lights. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of said improvements, including 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 for the operation or lighting of any improvements, and water for irrigation of any landscaping or the maintenance of any other improvements. SECTION 3. The Assessment Districts consists of the lots and parcels shown on the boundary map of the Assessment Districts 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 Engineer's Report for a full and detailed description of the improvements, the boundaries of the Assessment Districts, and the proposed assessments upon assessable lots and parcels of land within the Assessment Districts. The Engineer's Report identifies all parcels which will have a special benefit conferred upon them and upon which an assessment will be imposed. SECTION 5. The fiscal year 2004 -05 levy rates are not proposed to increase, with the exception of Zone 12, District 14, District 15 and District 16. The authorized maximum assessment rate for these Districts includes an annual adjustment by an amount equal to the annual change in the Los Angeles Area Consumer Price Index. As the amount of the annual increase in the Los Angeles Area Consumer Price Index from December 2002 to December 2003 is 1.8 %, the authorized maximum levy rate for fiscal year 2004 -05 is 1.8% above the maximum levy rate for fiscal year 2003 -04. Including the authorized annual adjustment, the maximum authorized assessment rates for fiscal year 2004 -05 are as follows: Zone 12 $ 431.70 $ 156.28 $1,407.13 Dist. 14 $ 127.16 Dist. 15 $1,533.40 Dist. 16 $ 370.45 per single per acre property per acre o per single per single per single family benefit of commercial f institutional family benefit family benefit family benefit unit or industrial property unit unit unit Resolution No. 2004 -2189 Page 3 SECTION 6. Notice is hereby given that on June 2, 2004, at the hour of 7:00 o'clock p.m. in the Council Chambers, located at 799 Moorpark 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 7. Prior to the conclusion of the hearing, any interested person may file a written protest with the City Clerk, or, having previously filed a protest, may file a written withdrawal of that protest. A written protest shall state all grounds of objection. A protest by a property owner shall contain a description sufficient to identify the property owned by such owner. Such protest or withdrawal of protest should be mailed to the City Clerk, City of Moorpark, 799 Moorpark Avenue, Moorpark, California 93021. SECTION 8. 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. 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 resolutions. PASSED AND ADOPTED this 5th ATTEST: Deborah S. Traffenst , 4ity le�rk Resolution No. 2004 -2189 Page 4 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) CITY OF MOORPARK ) ss. 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 -2189 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. Traffenst , City Clerk (seal)