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HomeMy WebLinkAboutCC Reso No 2012-016 City Council ResoRESOLUTION NO. 2012-016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE ANNEXATION OF TERRITORY AND THE LEVY OF ASSESSMENTS FOR LAKE ELSINORE LANDSCAPE AND STREET LIGHTING DISTRICT NO. 1 AS ANNEXATION AREA NO. 22 (LA LAGUNA - TRACT 32337) WHEREAS, the City Council of the City of Lake Elsinore, pursuant to the provisions of the Landscaping and Lighting Act of 1972 being Division 15 of the Streets and Highways Code of the State of California (the "Act'), did on the 14th day of February, 2012, adopt Resolution No. 2012-005 initiating proceedings for the annexation of certain property (the "Annexed Area") into the Landscape and Street Lighting District No. 1 (the "District") as Annexation Area No. 22 (La Laguna), (the "Annexation"), for the purposes provided therefore in the Act; and WHEREAS, the majority of property owners of said Annexation have submitted a signed petition in favor of the proposed assessment for the Annexation; and WHEREAS, said resolution was duly and legally published in the time, form, and manner as required by law, and which resolution is on file in the Office of the City Clerk; and WHEREAS, Proposition 218, the Right to Vote on Taxes Act, does hereby require that if the assessment is new, a notice of the proposed assessment, along with a ballot, shall be mailed to all owners of identified parcels within the Annexation, and that the agency shall conduct a public hearing not less than 45 days after the mailing of said notice: and WHEREAS, a notice and assessment ballot were mailed to each property owner within the Annexation and, at the close of the public hearing, the assessment ballots were opened and tabulated by the City Clerk and showing that no majority protest exists; and WHEREAS, said petition and assessment ballots are on file in the Office of the City Clerk; and WHEREAS, the City has prepared a diagram attached as Exhibit "A," which is designated Proposed Annexation No. 22 (La Laguna - Tract 32337) to the Lake Elsinore Landscape and Street Lighting Maintenance District No. 1, showing the boundaries of the Annexation, which are benefited by the improvements and the amount to be assessed against each of the parcels within the Annexation; and WHEREAS, the diagram and assessment have been filed with the City Clerk and are open to public inspection and may be referred to for all details regarding 1 the improvements, the boundary of the Annexation, the assessments, the total costs, and the description of the parcel to be assessed; and WHEREAS, the City Council has examined and considered the diagram, the assessments, and the proceedings prior thereto; and WHEREAS, said City Council having duly received and considered evidence, oral and documentary, concerning the jurisdiction facts in the proceeding and concerning the necessity for the contemplated work and the benefits to be derived therefrom, and said City Council having now acquired jurisdiction to order the proposed work. NOW, THEREFORE, the City Council of the City of Lake Elsinore, California, does hereby resolve as follows: SECTION 1. That the above recitals are true and correct. SECTION 2. That the City hereby proposes an annual levy of assessments for the Landscape and Street Lighting District No. 1, Annexation Area No. 22 (La Laguna). Installation, construction, or maintenance of any authorized improvements under the Act, including, but not limited to, streetlight and landscape improvements and any facilities which are appurtenant to any of the aforementioned or which are necessary or convenient for the maintenance or servicing thereof. SECTION 3. The City Manager has directed to cause the preparation of a report in accordance with Article 4 of the Act for the Annexation and which is on file with the City Clerk. SECTION 4. A diagram for the Annexation (Section 22570 of the Streets and Highways Code) and an assessment (Section 22572 of the Streets and Highways Code) showing the area to be benefited and assessed for the improvements has been prepared as Exhibit "A." The diagram, assessments, and improvement plans have been filed with the City Clerk. SECTION 5. The City Council hereby finds that each and every part of the Engineer's Report is sufficient and the City Council hereby approves, passes on, and adopts the Engineer's Report as submitted to the City Council and filed with the City Clerk. SECTION 6. The City Council does hereby reference the Engineer's Report that indicates the amount of the assessments, the Annexation boundary, detailed description of improvements, and the method of assessment. The Engineer's Report is on file in the office of the City Clerk and reference to the Engineer's Report is hereby made for all particulars. 2 SECTION 7. That the maintenance works of improvements contemplated by the resolution of intention shall be performed pursuant to law and the County Auditor shall enter on the County Assessment Roll the amount of the Assessment and said assessment shall then be collected at the same time and in the same manner as the County taxes are collected. After collection by said County, the net amount of the assessment shall be paid to the City. SECTION 8. The City Clerk shall certify to the adoption of this resolution. SECTION 9. This resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, this 27th day of March, 2012. BRIAN I ALE MAYOR ATTEST: i VIRGINIA >BLOW CITY CLERK ~J APPROVED AS TO CITY ATTORNEY CITY OF LAKE ELSINORE 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Virginia J. Bloom, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2012-016 was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 27th day of March 2012, and that the same was adopted by the following vote: AYES: Council Member Weber, Mayor Pro Tern Hickman, Council Member Magee and Mayor Tisdale NOES: Council Member Melendez ABSENT: None ABSTAIN: None M) A_, Virginia J~~loon GMC City Clerk