HomeMy WebLinkAboutCC Reso No 2012-035 City Council ResoRESOLUTION NO. 2012 -035
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, CONFIRMING A DIAGRAM AND ASSESSMENT AND
PROVIDING FOR ANNUAL ASSESSMENT LEVY AFTER FORMATION OF A
DISTRICT FISCAL YEAR 2012 -13
WHEREAS, the City Council of the City of Lake Elsinore, California, has initiated
proceedings for the annual levy of the assessments for a landscaping and street lighting
district pursuant to the terms and provisions of the "Landscaping and Lighting Act of
1972 ", being Part 2 of Division 15 of the Streets and Highways Code of the State of
California, in a district known and designated as
CITY OF LAKE ELSINORE
LANDSCAPING & STREET LIGHTING MAINTENANCE DISTRICT NO. 1
(hereinafter referred to as the "District'); and
WHEREAS, the City Council has ordered the preparation of a report and the City
District Engineer has prepared and filed with this City Council a report pursuant to law for
its consideration and subsequently thereto this City Council did adopt its Resolution of
Intention to levy and collect assessments for the next ensuing Fiscal Year relating to the
above referenced District, and further did proceed to give notice of the time and place for
a Public Hearing on all matters relating to said annual levy of the proposed assessment;
and,
WHEREAS, at this time, this City Council has heard all testimony and evidence
and is desirous of proceeding with said annual levy of assessments.
NOW, THEREFORE, the City Council of the City of Lake Elsinore, California, does
hereby resolve as follows:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That upon the conclusion of the Public Hearing, written protests filed,
and not withdrawn, did not represent property owners owning more than fifty percent
(50 %) of the area of assessable lands within the District, and all protests are overruled
and denied.
SECTION 3. That this City Council hereby confirms the diagram and assessment
as submitted and order the annual levy of the assessment for the Fiscal Year and in the
amounts as set forth in the Engineer's Report and as referred to in the Resolution of
Intention as previously adopted relating to said annual assessment levy.
SECTION 4. That the diagram and assessment as set forth and contained in said
Report are hereby confirmed and adopted by this City Council.
Page 7 of 10
SECTION 5. That the adoption of this Resolution constitutes the levy of the
assessment for the Fiscal Year.
SECTION 6. That the estimates of costs, the assessment diagram, the
assessments and all other matters, as set forth in Engineer's "Report", pursuant to said
"Landscaping and Lighting Act of 1972 ", as submitted, are hereby approved, adopted by
this City Council and hereby confirmed.
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. That the City has previously established a special fund known as the
CITY OF LAKE ELSINORE
LANDSCAPING & STREET LIGHTING MAINTENANCE DISTRICT NO. 1
into which the City shall place all monies collected by the Tax Collector pursuant to the
provisions of the Resolution and law and said transfer shall be made and accomplished
as soon as said monies have been made available to said City.
SECTION 9. That the City Clerk is hereby ordered and directed to file a certified
copy of the diagram and assessment roll with the County Auditor, together with a certified
copy of this Resolution upon its adoption.
SECTION 10. That a certified copy of the assessment and diagram shall be filed
in the office of the City Engineer, with a duplicate copy on file in the Office of the City
Clerk and open for public inspection.
Page 8 of 10
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of
the City of Lake Elsinore, California, this 10th day of July, 2012.
BRIAN- T15DALE J`
MAYOR
APPROVED AS TO FORM:
p/l,�/ i7/ al�.Li /.iv2 � �� I
BARB -(WiLbBbCD
CITY ATTORNEY
Page 9 of 10
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 -035 was adopted by the City Council of the City of Lake
Elsinore, California, at a regular meeting held on the 10th day of July 2012, and that the
same was adopted by the following vote:
AYES: Council Member Weber, Mayor Pro Tern Hickman, Council Member
Weber, Council Member Magee and Mayor Tisdale
NOES: None
ABSENT: None
ABSTAIN: None