HomeMy WebLinkAboutRES CC 2010 2907 2010 0519RESOLUTION NO. 2010 -2907
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, OF INTENTION TO LEVY
ASSESSMENTS FOR FISCAL YEAR 2010 -11,
PRELIMINARILY APPROVING ENGINEER'S REPORT,
AND PROVIDING FOR NOTICE OF HEARING FOR THE
CITY OF MOORPARK LANDSCAPING AND LIGHTING
MAINTENANCE ASSESSMENT DISTRICT AD10 -01
THE CITY COUNCIL OF THE CITY OF MOORPARK (the "City ") DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. On October 7, 2009, the Moorpark City Council adopted
Resolution No. 2009 -2857, a Resolution initiating proceedings for the formation of the
City of Moorpark Landscaping and Lighting Maintenance Assessment District No.
AD10 -01 pertaining to the properties within CPD 2005 -02 [Tuscany Partners] and
directing preparation of an Annual Report. Pursuant to this resolution, SCI Consulting
Group, 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 of the City Council to levy and collect
assessments within the District for fiscal year 2010 -11. Within the landscaping and
lighting district, the existing and proposed improvements are generally described as
the installation, maintenance and servicing of turf, ground cover, shrubs and trees,
irrigation systems, drainage systems, lighting, fencing, and all necessary
appurtenances, and labor, materials, supplies, utilities and equipment, as applicable,
for property owned or maintained by the City of Moorpark located in or adjacent to the
properties contained within the CPD 2005 -02. 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, 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.
SECTION 3. The District consists of all of the lots and parcels within 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.
Resolution No. 2010 -2907
Page 2
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. Including the authorized annual adjustment, the maximum fiscal
year 2010 -11 assessment rate per equivalent dwelling unit is $5,523.99. The
proposed fiscal year 2010 -11 assessment rate per equivalent dwelling unit is $71.84.
SECTION 5. The public hearing shall be held, before the City Council, in the
City Council Chambers of the City of Moorpark, located at 799 Moorpark Avenue,
Moorpark, California 93021 as follows: on June 2, 2010, at the hour of 7:00 p.m. for
the purpose of determining whether the public interest, convenience and necessity
require the improvements and the City Council's final action upon the Engineer's
Report and the assessments therein.
SECTION 6. In order to expedite the proceedings, the property owners have
submitted a Petition and Waiver. In submitting these documents to the City, the
property owners (1) unanimously agrees to the assessments and acknowledges the
special benefits received by the property in the District (2) 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 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 19th day of May, 2010.
ATTEST:
Maureen Benson, Assistant City Clerk
ani S. Parvin, Mayor
Resolution No. 2010 -2907
Page 3
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Maureen Benson, Assistant City Clerk of the City of Moorpark, California, do
hereby certify under penalty of perjury that the foregoing Resolution No. 2010 -2907 was
adopted by the City Council of the City of Moorpark at a regular meeting held on the
19th day of May, 2010, and that the same was adopted by the following vote:
AYES: Councilmembers Millhouse, Pollock, Van Dam, and Mayor Parvin
NOES: None
ABSENT: Councilmember Mikos
ABSTAIN: None
WITNESS my hand and the official seal of said City this 2nd day of June, 2010.
Maureen Benson, Assistant City Clerk
(seal)
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