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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF THOUSAND OAKS DECLARING ITS
INTENTION TO ANNEX TERRITORY TO
THOUSAND OAKS LANDSCAPE AND LIGHTING
ASSESSMENT DISTRICT NO. 79-2 AND THE LEVY
AND COLLECTION OF ASSESSMENTS RELATED
THERETO COMMENCING WITH FISCAL YEAR
2023-24
WHEREAS, the City Council has, by previous Resolutions, formed the Thousand Oaks Landscape and Lighting Assessment District No. 79-2 (hereinafter referred to as the “District”) and initiated proceedings to annex territory to the District for Fiscal Year 2023-24, pursuant to the provisions of the Landscaping and Lighting Act of 1972, part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (hereafter referred to as the “Act”); and WHEREAS, the City Council has retained Webb Municipal Finance, LLC to prepare and file an Annexation Engineer’s Report (hereinafter referred to as the “Engineer’s Report”) with the City Clerk for the purposes of annexing territory into the District and establishing ongoing annual assessments in accordance with the Act and the provisions of the California Constitution, Article XIIID; and WHEREAS, the Engineer’s Report for Fiscal Year 2023-24 has been prepared and filed with the City Clerk and has been presented to the City Council for review and approval.
NOW, THEREFORE, the City Council of the City of Thousand Oaks does hereby resolve as follows:
Section 1 The City Council hereby declares that it is its intention to annex territory into the District and levy annual assessments for Fiscal Year 2023-24, to pay the costs of the operation, maintenance, and servicing of lighting and appurtenant facilities and operations related thereto pursuant to Chapter 3, Section 22624 of the Act, and the California Constitution, Article XIIID.
Section 2 The Engineer’s Report as presented has been reviewed by the City Council, and based on this review the City Council hereby makes the following determinations:
a. The territory of land to be annexed to the District incorporates all of the lots and parcels of land within the Annexation Territory as described in the Engineer’s Report.
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b. The District improvements and zones described in the Engineer’s Report are substantially the same as those improvements and zones previously approved and adopted by the City Council. c. The costs and expenses of providing the improvements have been budgeted for each of the District zones and the proportionate special benefit derived by each individual parcel assessed has been determined in relationship to the entirety of those costs and expenses.
d. The proposed assessments do not exceed the reasonable costs of the proportional special benefit conferred on each parcel. e. Only the special benefits have been assessed and a contribution has been made from City funds in the amount that exceeds any reasonable general benefit to properties outside the district or to the public at large.
f. The assessments do not exceed the maximum annual
assessments previously authorized to be levied for the District and the zones therein.
Section 3 The Preliminary Engineer’s Report for Fiscal Year 2023-24 as presented is hereby approved for content and it is the intention of the City Council to annex territory to the District, levy and collect the proposed assessments so described for Fiscal Year 2023-24.
Section 4 The proposed improvements within the District include the maintenance, operation, and the furnishing of services and materials for public lighting facilities including, but not limited to, street lights, traffic signals and safety lights at intersections, and other appurtenant facilities. The Engineer’s Report provides a full description of the improvements and the assessments connected therewith for the District.
Section 5 The boundaries of the Annexation Territory are within Thousand Oaks Landscape and Lighting Assessment District No. 79-2. The boundaries of the District are within the boundaries of the incorporated City Limits of the City of Thousand Oaks, within the County of Ventura, State of California. The Annexation Territory, District and zones within the District are more fully described in the Engineer’s Report.
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Section 6 The proposed assessments for each parcel within the Annexation Territory shall be calculated in accordance with the method of apportionment established for the District and owners in accordance with the California Constitution, Article XIIID. The method of apportionment and the proposed assessment rates are documented in the Engineer’s Report.
Section 7 The City Council hereby declares its intention to annex the territory of land to the District designated as the Annexation Territory, and to levy and collect annual assessments against parcels of land within said territory to fund the ongoing cost and expenses of maintaining, operating and servicing the improvements determined to be of special benefit to the parcels of land therein as outlined in the Engineer’s Report prepared in connection therewith, commencing with Fiscal Year 2023-24;
Section 8 The City Council further declares its intention to conduct a public hearing regarding the annexation of the Annexation Territory to the District, and the proposed levy of assessments connected therewith; and calls for a property owner protest balloting proceeding in accordance with the provisions of Article XIIID of the California Constitution (Proposition 218).
Section 9 Notice is hereby given that a Public Hearing on these matters will be held by the City Council on Tuesday, June 6, 2023 at 6:00 p.m., or as soon thereafter as feasible, in the City Council Chambers, located at 2100 Thousand Oaks Boulevard, Thousand Oaks.
PASSED AND ADOPTED this 9th day of May, 2023, by the following vote:
Ayes:
Noes:
Absent:
_______________________________
Kevin McNamee, Mayor
City of Thousand Oaks, CA
ATTEST/CERTIFY:
_________________________________
Laura B. Maguire, City Clerk
Date Attested: ____________________
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APPROVED AS TO FORM:
Office of the City Attorney
_________________________________
Tracy Friedl, Assistant City Attorney
APPROVED AS TO ADMINISTRATION:
_________________________________
Andrew P. Powers, City Manager
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the City of Thousand Oaks City Council on the date cited above.