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HomeMy WebLinkAboutCC Res 4537 1997-06-09 1 I I RESOLUTION NUMBER ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECOON OF ASSESSMENTS IN A STREET LIGHTING ASSESSMENT DISTRICT, AND SETIING A TIME AND PLACE FOR PUBLIC HEARING WHEREAS, the City Council of the City of Seal Beach, California, has previously formed a Street Lighting Assessment District 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, said Street Lighting Assessment District known and designated as STREET LIGHTING DISTRICT NO. 1 (hereinafter referred to as the "District"), generally located within the entire City of Seal Beach; and WHEREAS, at this time the City Council is desirous to take proceedings to provide for the annual levy and collection of assessments for the next ensuing fiscal year to provide for costs and expenses necessary to pay for the maintenance and servicing of the improvements in said District; and WHEREAS, there has been presented and approved by this City Council the Engineer's "Report", as required by law, and this City Council is desirous of continuing with the proceedings for said annual levy, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Seal Beach as follows: RECITALS 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 the improvements for the above-referenced District, for the Fiscal Year commencing July I, 1997 and ending June 30, 1998, said improvements.generally described as follows: . The maintenance and servicing of street lights within the City, including, but not limited to, the repair, removal or replacement of such street lights. . That no new improvements or any substantial changes in existing improvements are proposed as a part of these proceedings. BOUNDARIES OF MAINTENANCE DISTRICT Section m. That said works of improvement 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 works of improvement, 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 this District. REPORT OF ENGINEER Section IV, That the "Report" of the Engineer, as preliminary 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 ofland within the District. Resolution Number~ PUBLIC PROPERTY Section V, Public property owned by any public agency and in use in the perfonnance of a public function which is included within the boundaries of the district shall not be subject to assessment to be made under these proceedings to pay for any of the costs and expenses of said improvements. PUBLIC HEARING I Section Vl NOTICE IS HEREBY GIVEN TI-lAT MONDAY, THE 23rd OF JUNE, 1997, AT THE HOUR OF 7:00 P.M" IN THE REGULAR MEETING PLACE OF THE CITY COUNCIL, BEING TI-IE COUNCIL CHAMBERS, CITY HALL, IS THE TIME AND PLACE FIXED BY TillS LEGISLATIVE BODY FOR HEARING PROTESTS OR OBJECTIONS IN REFERENCE TO THE ANNUAL LEVY OF ASSESSMENTS AND TO ANY OTHER MATI'ERS CONTAINED IN THIS RESOLUTION, ANY PERSONS WHO WISH TO OBJECT TO THE PROCEEDINGS OR THE ANNUAL LEVY SHOULD FILE A WRITfEN PROTEST WITH THE CITY CLERK PRIOR TO THE CONCLUSION OF TI-IE PUBLIC HEARING. A WRITfEN PROTEST SHALL STATE ALL GROUNDS OF OBJECTION. A PROTEST BY A PROPERTY OWNER SHALL CONTAIN A DESCRIPTION SUFFICIENT TO IDENTIFY THE PROPERTY OWNED BY THE SIGNER THEREOF. THE CITY COUNCIL SHALL CONSIDER ALL ORAL STATEMENTS AND ALL WRlTfEN PROTESTS MADE OR FILED BY ANY INTERESTED PERSON. NO INCREASE IN ASSESSMENTS Section vn. The assessments to be levied and coUected against the assessable lots and coUected against the assessable lots and parcels of property within the District for Fiscal Year 1997/98 are not proposed to increase from the assessments levied and coUected for Fiscal Year 1996/97. NOTICE I Section VllL That the City Clerk is hereby authorized and directed to give notice as required by law by causing a copy of this Resolution to be published in a newspaper of general circulation within said City; said publieation to be completed not less than ten (10) days prior to the date set for the public hearing. PROCEEDINGS INOUIRIES Section IX. For any and all information relating to these proceedings, including infOlmation relating to protest procedures, your attention is directed to the person designated below: STEVE BADUM, CITY ENGINEER CITY OF SEAL BEACH 211 8TH STREET SEAL BEACH, CA 90740 (562) 431-2527 Section X. The City Council hereby determines and declares that the proposed assessments constitute a continuation of assessment existing on the effective date of Article XlIID, that the assessment are imposed exclusively to finance the maintenance and operation expenses for streets and the assesS11lents are exempt from the requirements of Article XlIID, Section 4 of the California Constitution. I . '. Resolution Numbe~ PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the 9th day of Juni!97, by t~owi~ vot~: ~ ~, AYES: counciIMem,,#~.,~~~~kt'~$ ~~ NOES: Council Members ~ 1 ABSENT~ Council Members q ~~ Ma;i;.c;{)~ ~< ATTEST: I STATE OF CALIFORNIA) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, do hereby certifY that the foregoing resolution is the original copy of Resolution NUII1ber 4537 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 9th day ofJune, 1997. I Resolution Number~ 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 mailer. 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 ~ 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 2/24/75. 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: \.",Il~1 all in the year 19J1L. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Seal Beach, California, thi.S, \).. day of ~ .............l , 19J1L. \~,,-f)....O..,,\~ ~U -"\ Signature .. PUBLICATION PROCESSED BY: THE SUN NEWSPAPERS 216 Main Street Seal Beach, CA 90740 (310)430-7555 (714) 759-7726. This space for for the County Clerk's Filing Stamp Proof of Publication of I ............................ . . . - . NOTICE b~' , , ','" , . . -' . . . . . . . ',' . , I -.. BOUNDARIES OF ~ PUBLIC HE!,-RING . MAINTENANCE DISTRICT - "'; RESOLUTI9N NUMBER ~7, Section III '. .,' : A RESOLUTION OF THE CITY IThal .ald worll. 01 omonlY8manl ara , OF THE CITY COUNCIL OF ,of dIrect benefit 10 the propertIes! THE CITY OF SEAL BEACH within. boundarl.. of .ald DIBlrlct, CALIFORNIA DECLARINd. which District the legislative body ITS INTENTION TO PROVIDE previously declared to be the ar~B ,benefltei:l by said works' of FOA AN ANNUAL ,LEVY AND Improvement and for particular. COLLECTION' . OF reference IS made to the boUnda~ I ASSESSMENTS IN A STREET m... 'as or..,oulIy ...proved by Ihl. , LIGHTING ASSESSMENT Iegl.lal... body, a COoY 01 whfch I. ' DISTRICT AND SETTING A on ~Ie In Iha OIf1ca of Iha City Clerk, TIME ' PLACE FOR and,ao.n''''' ""....I(\.''''.lIan'and , AND . . IS deslgnaled by the name ot thiS 1 PUBLIC HEARING. DI..IeI' , ' , - ' , WHEREAS. the Clly Council of the '~AE:POATOF F-NGINEEA '. "'-1 City of Seal Beach. California, has S.ctlon N:" ..':, , ~reVlously formed a Street lighting M . Assessment District ~ursuant To the Thatthe Report" of the Engmeer, as ~ terms of the "la.ndscaplng and r.rehrnlnarlly aJ?proved by. thiS llghllng Act of 1972 ~ being DIVISIOn eglslatlvllI body, Is on file with the 15 Part 2 of the Streets and' City.CI..rk'and open for public, HIghways Code of the State at Ins~tllm' Raterence Is made'to ' California, said Street 'lighting' saldIMReport".for a full and detailed" Assessment District known and de~notlon of thelmprovement8, the deslgnated,as STREET LIGHTING boundaries 01 the DistrIct !lnd any, DISTRICT NO, 1 (hereinafter lzonel Ihereln..and the propose(td relerred to 'as ,the -OIStrlCt~),: as~m,nts upon assessable lots. generally localed'wlthm the entire and p~rcel~ o.f I~nd With,". the I Clly of Seal Beach,-and ' DI~lct. . , WHEREAS, ,at thiS time ihe:CliYI ' PUBLIC PROPEAlV~,' . CounCil 1S desirOUS to take, 9.m'onV eo ','. . ... proceedings to prOVide for the P.ubhc prOperty oWned by My publiC: annui\1 levy and collectIOn of agency and In use In the assessments for the next enSUing I . .. ~ - fiscal year to prOVIde for costs agd j performance of a public function 'expenses necessary to pay for It'!e which ,18 Included within the maintenance and servicing of t~e boundanes of the dlstrlCtehall not be. Improvements In SBld Dlstncf, and ",SUbIBCt 10 assessment to be made WHEREAS there has been ,uncf8r these proceedings to pay. tor' ,presented and approved by thiS City ;Bny of the costs and ,expen~e~, of , CounCil the Engineer's "Report,- as..saKU,~roveme"". ~, :'1,:., reqUired by.taw.. and thls~Clty . PUBLIC HII!!:AAING "'~\l' ( C~)('lncll IS deSiroUS 01 continuing Section VI ., - l .... l" t ~"I" ,~ the proceed,lng.s lor saId ann~81 NOnCE IS HEREBY GIVEN THAT'\~ "NOW 'THEREFORE' 'BE IT MONDAY,..lHE .oRD OF JUNE"I IRhESCOty'lVEISD .YBthe Ch!tY"focOllunc~I,:~ll:97T:~ R~:8~,fF':~"8':::Q,t e 1 0 eal, eat as o~ PLACE OF THE CITY COUNCIL, , '. '. RECrTALS' ..,;,..r.i"'"\"BEING THE, COUNCIL'i .5..6lIJmj: ri ~ ,: ...." d. " CHAMBERS CITY HALL,. IS THE' _ Th h I atl ,nME AND pLACE FIXED BY THIS ' all e above refltes are true LEGISLATIVE - BODY FOR; ,and correct ~, ,.' HEARING . PROTESTS DR. I liGIIllD..U, , " .,!)BJEcnONS IN REFERENCE TO ~" .That the' public' Interest andf\THE"-ANNUAL-(EVY -OF".! convenience requires, and It IS t~eiASSESSMENTS AND TO ANY 1 jlntentlon of, thIS reglslaltve body tO~OTHER MATTERS CONTAINED IN...., undertake proceedings lor lhe THIS RESOLUTION.. 'ANY'! .annual levy and conectlon" of' PERSONS WHO WISH TO'" assessments to pay the costs and !IQBJECT TO THE PROCEEDINGS' , ,expenses for the maintenance anc;WR THE ANNUAL LEVY SHOULD servlcmg of the Im~toverneots lor ;FILE A WRrrTEN PROTEST WITH ~I the aboV8-reterenced District. for :ltfHE'CITY CtERK PRIOR TO THE. ,Fiscal Year commenclnglJuly 1 'CONCLUSION OF THE PUBLIC ' :1997 and endmg June.3D, 1998 ~t1EARING A wRmEN PROTEST ,I saId Improveml!!nts generally ISHALl STATE ALL GROUNDS OF ldescnbed as follows ..' " ... OSJECTION A PROTEST BY A , . The mBmt8l1ance-and HMdng ot~ROPEflTV.' OWNE" SHALL 'street lights wlthm the Clty,! CONTAIN A I)ESCRIPTION mcludlng but nol limited 10" Itie UFFICIENT TO IDENTIFY THE 'I I 'hi oflPROPERTY OWNED BY THE' repair, remova or rep aceme ~. SIGNER THEREOF' THE CITY such slreetllg,,!,s, . .... \: . ~OUNCIL: SHALL CONSIDER ALL Thai no new Improvements or anY~O"RAL STATEMENTS"AND ALL' I substantial changes In eXistIng WRITTEN PROTESTS MADE OR Improvements ar. proposed as l! FILED BY ANY INTERESTED" part ofthese proceedings .." ... " PERSON: :,' . .. - . _.- - -' Resolution Numbe~ I I -. .#W'NCRi;AsE1t:! " ASSESSMENTS . Sect:lttnvn ~.. The assessments to be levied and . , collected against the assessable lots , and colrecled f' against the ,assessable lols and parcels of property Wlrtun !he DtstnCt for Fiscal Year 1997198 BTe not proposed to , Increase trom thei8ssessmen1s .18Vled,and'collected for. Fiscal Year'" :- 1996//97: '~',,,,,:: f':' ~ ., ".~... . ~ . S.l::llo'n\;1II ... "'" .:!.. .. .. ~ '~That the ClIy .c'ier~: IS herebv- " authOrized and directed 10 give '" notice as required by law by'causlng t ~ a copy 01 thiS' ResolutIon to be .~ pubhS\'\ed 11'1 ill newspaper 01 general I .'clrculallon,wlthln SBld CIty. said 'I .. publICation to be completed not less Ihan.ten,(tO) days prtor"to the date ...set for the public heanng. ..... .' . PROCfi!F-DINGS INCUIRIES ... ~r s-dion rx ~ . I ,.,1 ..(! I, For-any and all Information relanng', . 'to these proceedings, IncludlnQ I . Information' re\a\lng ~to "prot881:, ~rocedures,' you, allentlon IS . '~dlrecte6 to the person deslg"ed~. ~.below~ -', ' 4 \ I : STEVE BAOUM, CI-r:v ~N~INEER ' I ~. '.~CITY OF SEAL BEACH ' , 211 8TH STREET. ,~.,'" sEAL" BEACH, CA 9014D :'" .(562j.431-2527. ;: .. ,;Silletion X." .' 'If t?,," ." '. ~ .o. r '.The Ctty Coun~11 hereby d8termlnes ': .' and declares that tl"oe proposed t-assessments, .constltute'~ a ~: continuatIon of assessments eXisting on ttie eRecttv8 date 01 ArtIcle XmD". ' f that the assessments-are'lmposed I. e'lcluslvely to. finance the' malntenanc8 . and operation 8lI:penses tor streets and that the . assessments are exempt from the . .requlrements 'of ~Artlcle XIIID,' SectIon 4 of the' California: .. ConsIJIUfJon. . - . J.o:' - ~\ PASSED' : APPAOVEOA..ANO- ;" ADOPTED by 'h..Clty Counl>' ot tho . ~ iClty of Seal Beach' at a meeting r thereof held on the, 9th day of June, I :1997 by the follOWIng vote _ ,....~ .I: AYES Brown, Campbell, Forsythe, \- Has!lngsJo. .~, , . < NOES'NOne'" ~......, \ ;~ . . Io.~, ' . + ~?< y ABSENT Fullon. ;;.',..i t' ~' ,,' MorwnCsmsd' . " .".:!:~ ': Stale of CallfomiB)" .~. -" ,. '.--:0, - .. ~ ~ " '.' County of Orange) SS . 'it:.. -' ..C<ty ot5HI Bollch),. ...._,.. "I Joanne M-Veo, CIty'Cleril;'of,the' City of "Seal' Beach, Callforma. do f hereby certtfy that the foregOing I ~ resolullon Is lhe onglOal copy 01' , Resolution Number 4537 on file In I . the offJee of the City Clerk, 'PllSssd, . approved and adopted br the,City~ , Council of 1he City Of Sea Beach iii 1 a regular meeting thereof held on . . tm. 9\h d'W ltr.:June. 1997.' ~ , ~ ; Pub seai Bncll Sun 06/12197.:' .' . r .'_ . ~ 1