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Home My WebLink AboutCC Res 5343 2005-06-13 RESOLUTION NUMBER 5343 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, DECLARING ITS INTENTION TO PROVIDE FOR THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS WITHIN STREET LIGHTING DISTRICT NO.1, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON WHEREAS, the City Council of the City of Seal Beach, California, has previously formed an assessment district known as STREET LIGHTING DISTRICT NO. 1 (hereinafter referred to as the "District"), generally located within the entire City of Seal Beach, pursuant to the terms of the "Landscaping and Lighting Act of 1972," being Division 15, Part 2 of the Streets and Highways Code of the State of California, commencing with Section 22500 (the "Act"); and, I WHEREAS, at this time the City Council is desirous to take proceedings to provide for the annual levy and collection of assessments for Fiscal Year 2005-2006 to provide for costs and expenses necessary to pay for the maintenance and servicing of street lights within said District; and, WHEREAS, there has been presented and approved by this City Council an Engineer's ReBort~uired by law, and this City Council is desirous of continuing '~1:.' 'L\"~'W ""d'" fi "d 11 W1~!11e'proc~.mgs or Sa! annua evy. J(~~r '~'''' ".~ ,,~,;~ ~ 't!o-.... '\;.oil ~ "" R "\ NOW, THE~fqRE, BE I1tlU~SpLVED by the City Council of the City of Seal Beach as follows: :," ~..;.--: Ii ..;)' .'~..J' .. - "7, J ~ . I I, . . ';' ":.. ...... 'i,:: w' 'hi:. RECITALS '\:!fJ.'r...:il,::,\,?,to/ .....:;;...,...,.... I Section I. That the above recitals are all true and correct. Section II. That the public interest and convenience requires, and it is the intention of this legislative body to undertake proceedings for the annual levy and collection of assessments to pay the costs and expenses for the maintenance and servicing of improvements with the above-referenced District, for the Fiscal Year commencing July 1, 2005 and ending June 30, 2006, and said improvements generally being described as the maintenance and servicing of street lights within the City, including, but not limited to, the repair, removal or replacement of such street lights. No new improvements or any substantial changes in existing improvements are proposed as part of these proceedings. BOUNDARIES OF DISTRICT Section III. I That said improvements are of direct benefit to the properties within the boundaries of said District, which District the legislative body previously declared to be the area benefited by said improvements, and for particulars, reference is made to the boundary map as previously approved by this legislative body, a copy of which is on file in the office of the City Clerk and open for public inspection, and is designated by the name of the District. Resolution Number 5343 REPORT OF ENGINEER Section IV. I That the Engineer's Report, prepared and filed by MuniFinancial, as preliminarily approved by this legislative body, is on file with the City Clerk and open for public inspection. Reference is made to said Report for a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. PUBLIC PROPERTY Section V. That public property owned by any public agency and in use in the performance of a public function that is included within the boundaries of the District shall not be subject to assessment under these proceedings to pay for any of the costs and expenses of said improvements. PUBLIC HEARING Section VI. I NOTICE IS HEREBY GIVEN THAT MONDAY, THE 11TH OF JULY 2005, AT THE HOUR OF 7:00 P.M., IN THE REGULAR MEETING PLACE OF THE CITY COUNCIL, BEING THE COUNCIL CHAMBERS, CITY HALL, IS THE TIME AND PLACE FIXED BY THIS LEGISLATIVE BODY FOR HEARING PROTESTS OR OBJECTIONS IN REFERENCE TO THE ANNUAL LEVY OF ASSESSMENTS AND TO ANY OTHER MATTERS CONTAINED IN THIS RESOLUTION. ANY PERSONS WHO WISH TO OBJECT TO THE PROCEEDINGS OR THE ANNUAL LEVY SHOULD FILE A WRITTEN PROTEST WITH THE CITY CLERK PRIOR TO THE CONCLUSION OF THE PUBLIC HEARING. A WRITTEN PROTEST SHALL STATE ALL GROUNDS OF OBJECTION. A PROTEST BY A PROPERTY OWNER SHALL CONTAIN A DESCRIPTION SUFFICIENT OT IDENTIFY THE PROPERTY OWNED BY THE SIGNER THE.!Y19,~ THE CITY COUNCIL SHALL CONSIDER ALL ORAL STATEM~~S;~D/:5bL WRITTEN PROTESTS MADE OR FILED BY ANY INTERES'F~P 'PERSON.~~ t':.;." I -f .;. \ . _ -c'" : . NO INCREASE IN ASSESSMENTS Section VII.' , / \ '...... ' ,'. ....: ~-- That the assessments to be levied and collected against the assessable lots and collected against the assessable lots and parcels of property within the District for Fiscal Year 2005-2006 are not proposed to increase from the assessments levied and collected for Fiscal Year 2004-2005. I NOTICE Section vrn. That the City Clerk is hereby authorized and directed to give notice as required by law by causing a copy 0 this Resolution to be published in a newspaper of general circulation within said City; said publication to be completed not less than ten (10) days prior to the date set for the public bearing. r Resolution Number 5343 PROCEEDINGS ENQUIRIES Section IX. For any and all information relating to these proceedings, including information relating to protest procedures, your attention is directed to the person designated below: PAMELA ARENDS-KING, DIRECTOR OF ADMINISTRATIVE SERVICESflREASURER I CITY OF SEAL BEACH 211 8TH STREET SEAL BEACH, CA 90740 (562) 431-2527 PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the 13th day of June 2005, by the following vote: AYES: councilMembers{JhiJJJ,.1<;i~/':!:f)~ ~JJ,~ NOES: Council Members V)~ 111 ABSENT: Council Members 1~t ABSTAIN: Council Members ~ I 4~dE Mayor ATTEST: .' ci.f' /n~ it Clerk J..[) 'I 'f/J.;" I STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing resolution is the original copy of Resolution Number 5343 on file in the office of the city Clerk passed, approved and adopted by the City Council of the City of Seal Beach at a regular meeting thereof held on the 13th day of June 2005. I I I I PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Orange I am a citizen of the United States and a resident of the county afore- said; I am over the age of eighteen years, and not a party to or inter- ested in the above-entitled matter. I am the principal clerk of the printer of the SEAL BEACH SUN, a newspaper of general circulation, printed and published weekly in the City of Seal Beach, County 'of Orange and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of 2124nS. Case Number A82S83; that , the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: ~ ~() all in the year 200S. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Datpsl at Seal Be~ this' i)'a day of , 2ooS. fJt ~ s~rf-- PUBLICATION PROCESSED BY: THE SEAL BEACH SUN 216 Main Street Seal Beach, CA 90740 (562) 430-7555 Resolution Number 5343 This space is for the County Clerk's Filing Stamp S~(B~CH.. :'.. ',' m~n1slll'8o"ll1lCIbonef1l ,PUBLIC NOTICES. . to'the properUe. Within the . .' '. - ,~- -" '. boUndo~..of_DlSIIIot,whlch r. -- . "T - ---~ District the legislatIve body RESOLutiON NUMBER @343. previously dscIaJ:od III bolhe.... .. "... ~ '. ".. . ..-~'.. beneffIed by saID' 1nipfovsmentS, A RESOLUTloN'OF.niE .' _ and lor particulars. retereflC81S 'CITY COUNCIL. Of-THE., .' . made to the boundary map as ICRY OF SEAL BEACH. '.' 'creviDusly B.pproved by this CAUFORNIA, DECLARING, eglslallVe l>o<ly. a copy of whidl, ITS INTENTION TO PROVIDE' .Is on fila In tho oftlOO of the CIIy;--- FOR THE ANNUAL LEVY _' . Clerk and open for public AND COLLECTION OF . InspooI1Cin, and I. designated by - ...a.:- . the name of IhA nlRtrict '"_ ASSESSMENTS WITHIN. --- - --,. STREET LIGHTING DISTRICT. REPORT OF ENGINEER NO 1 AND SET.TING A TIME: _IV. Thallhe EnoI.-s _ AND PLACE FOR PUBL!C .:. Report. Prilr.arod and flied by HEARING THEREON :. ~. . MuntFlnanc ai, ~rellmlnanly ... ' . ,. . approvodbythlS alfvo~ , WHEREAS llie CoIy COunCIl \ IS on 11Io with tho Clerk and .._ of the' City of SeafBeach, open for. public inspection. CoIlfomla hoS ~sIy _ RoIonlnco IS"-Io - Raport , an assesSment iJlsb1d: known as for a full ancl detailed descnp- STREET UGHTING,DISTRICTj don of the Improvemonto. the NO 1 (hereinafter referred to as boundaries of the District and the ";'strict1. ll~enerally 1OcatBd~ any lOr-s therein, and the pro- _lhe_~d,SOaI~ posodaIB ,-1410I1....... _, '.. _Idsandpan:olsoflandwllh- pursuant to the terms of the In the D1str1c1 -landscaping and Dghtlng Act .' . , of 1972," being DIY\SIOI115. P~,\ PUBUC PROPERTY 2 of the Slree" and H"'_y~ _...v. Thot ouIlII: plOptlrly I Code of the State of C8.1'fomLa'l" owned by any publIC agency and commencing WIth 5ectIon 22500 'in use i'Ilhe .-L.llllllC& 01 a plb- (thWHe "AEcrR"), 8OOat"....:__..: lhe"C1IyJ nc function that IS Included with- . EAS. U.U.III.... In the boundane. of the Dtslricl Council Is desirOUS to t..Bkl!" shallnatbesUlfedlo..dBBSSJ781'l1 proceedings to provide for the under these proceedings 10 pay annual levy and COIl8Ctl~~_~fl Joranyofthecostsandexpens- 1''''9I8!i!_l1SIor~:rear~ esofsaldlmprovements 2006 to provide for c9sts a~ . ' _l!!P.!'!!!!!!..~IOI!!I'!!!!_1 PUBUCHEARING ,"~"""a~.m"""""l;ld- s.:o'\!:1:~'IS HEREBY GIVEN n~ within _llIslrIol. and, ,I THAT MONDAY. THE 11TH OF .~HEREAS, there haa bee\ JULY 2005 AT THE HOUR OF presented and approved by th.. 700 nM 'IN THE REGULAR CltyCoul1Clian~.Aepor\ , r", as required by Isw, eiKIthl. CIty MEETlNG PlACE OFTHE CI1Y CoUnoll1S da91rou9 of contlnulna COUNCIL, BEING THE COUN. wlth'the proceedings, for isla elL CHAMBERS, CITY HALL. annual levy, . .. t' I..: \ ISTHETlMEANDPLACEAXED NOW, TliEREFORE:BE'rr\By.THIS LEGISLATIVE BODY "RESO~itED by tho CIty Council FOR HEARING PROTESTS OR of the CIty. of Seal Baaoh aa OBJECTIONS IN REFERENCE ~Iows' . J '.. , ' ." TO THE ANNUAL LEVY OF ~ .,., .' ,,, ASSESSMENTS AND TO ANY RECITALS' , . . " '. i I OTHER MATTERS CONll\INED Section I. That.the abov': IN THIS RESOLUTION. .ANY .l'8CIIaIs are all Irus'and'coireCt. I PERSONS WHO WISH TO .Sectlon II.. Thai the" publiC OBJECT TO THE PROCEED- _1I1d llOIMlI'danco iocpias INGS OR THE ANNUAL LEVY, 81ld It Is the Intention 01 this SHOULD FILE A WRITTEN legn;latlve body to undertake PROTEST WITH THE CITY ..proceedfngs for the annual levy CLERK PRIOR,TO THE CON- andcollectlonofusesstlMhlbloto elUSION OF THE PUBLIC pay the costs and expenses fan HEARING. A WRITTEN : the maintenance and HMclng/ PROTEST SHALL STATE ALL of i/rt>IOVOIiIanIa w.u, "''''a!xNo- GROUNDS OF OBJECTION A ; 'refOo_K:od'lJiatriot ro.lhOFlsool PROTEST BY A PROPERTY :Vurcommenclna'Juiv 1. 2005 OWNER SHALL CONTAIN A. - - ''-. . - . -. . J DESCRIPTlON SUFRCIENT or and ending June 30, 2006, ana IDENTIFY THE PROPERTY OaId_ganarallybal'1l OWNED BY THE SIGNER .descrtbed as the maintenance THEREOF. ToHE CITY COUNCIL . and _ngd_l91IS_ri . SHALL CONSIDER All. ORAL, tho CIIy.lncI-.Klng, but noIl1mllod 'STATEMENTS AND ALL WRIT- ' to, the repair, removal ot' TEN PROTESTS MADE OR ropIocomont of SUch at_ Ighls. FILEO BY ANY INTERESTEp No new improvements or ahy! PERSON. . J substantial changes In existing \ . ", , Improvementa are propoaod'as NO INCREASE IN 'I port of those proooodlnga .' ASSessMENTS ,n, ." " . ;.' SectIon VII. That the assess- BOUNDARIES OF DISTRICT, mania 10 be_ and coIl00t0d Section III. That said agafnsttheassessBblelotsandblo . colllCled against the BSV?",,"a IoIs and pa'- of proportyWl1h- mlhelllstncltorFJsool",",2005- 20061l1'8 rill JlIOPlSOO 10 mcroaso from the assessments Ievi9d and coliooted lor R....' YIlor 2004- 2005. ' . Resolution Number 5343 PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Orange This space is for the County Clerk's Filing Stamp I I am a citizen of the United States and a resident of the county afore- said; I am over the age of eighteen years, and not a party to or inter- ested in the above-entitled matter. I am the principal clerk of the printer of the SEAL BEACH SUN, a newspaper of general circulation, printed and published weekh' in the City of Seal Beach, County of Orange and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of 2/24175. Case Number A82583: that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: ~.gO all in the year 2005. Proof of Publication of .......,....'..11'.... ....-......111'....'... .......,....,.......11 ....................JII. NonCE.; :: Sectlon~VIII. That the City Cieri< is helel>Y eUlhonzed end _10 r;ve,noIIce os '!"lulnld bY law by causing a copy 0 this Resolution 10 be published In 0 newspaper of general clrcutabon wfltun said CIty; saki publrcatlon to be comple:ted not less than ten (10) doyli p~or 10 the dole 881 tor the pu~c bearing. . : PROCEEDINGS ENQuiRIES Section IX.. For Iny and air Inlonnel1On relating 10 these_ c:eedloge. including Infonnollori relallng~to.proteSl proc8dUr8s, __is_bttioper- son deslgnatea tiekwi. . i- ~ . PAMELA ARENDS.KING.. . DIRECTOR, OF ADMINISllW TIVE SERVICEstrREASURER . CITY OF SEAL BEACH' 4 211 8TH STREET SEAL BEACH, CA 90740 (562)431-~ PASSED, ApPROVED AND ADOPTED byth~ Coo"",1 0/ the Cllyof SeeI at 0 __ ' "11- held 00 the - 13th dey of June .2005.~by.the foIlO1iring . vote: :.':", . - AYES: Q,u~cil Members Antcis. l.8rson, l.ov1\t. Ybaben. 'root . NOES: Cooncll,Melribe.. NOne' ABSENT: CoinlI_ None ABSTAIN: CounCIl ~ None. .. I I certify (or declare) under penalty of perjury that the foregoing is true and correct. . . I. tmo o..tne. CIlyClerl<o/the City of Seal Beoch. Calilornl..' do heooI>tClll'llyI1el the_ _ IS theoriginllloo\JyQl ResolutIOn Number.5343 on file In the office of the cRy.Clerk' ~_8Ild_by. the City Council of thehe~ tllY'of Seal Beoch at Ol1!llul8r thereof hOld on tIi8 13th daY June 2005: "!' .~. '. {_CllyClerl<. . PuflI,shOd In the SOoI Beech Sun 6/3012005. ~ " : ., 'i~ . Signature PUBLICATION PROCESSED BY: THE SEAL BEACH SUN 216 Main Street Seal Beach, CA 90740 (562) 430-7555 ...,,~ ~ \ .. NOllCE OF APPUcAllDN' 10 SEll. 'ALCDHDUC BEVERAGES Dote of Allng Applicobon Mey 10, 2005 To Whom II Mey Concern: The name of the apPlcanlls; I