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HomeMy WebLinkAboutCC Reso No 1989-28RESOLUTION NO. $9-28 RESOLIITION OF TFIE CITY COUNCIL OF THE CITY OF LARE EISINORE, RIVERSIDE COUNTY, CALIFORNIA, MARING FINDINGS AND DETERMINATIONS UNDER SEC- TION 2804 OF THE STREETS AND HIGHWAY CODE LASSESSMENT DISTI2ICT NO. 89-11 WHEREAS, the City Council is considering the formation of an assessment district, pursuant to the "Municipal Improvement Act of 1913", being Division 12 (commencing with Section 10000) of the Streets and Highways Code of the State of California, for the acquisition of certain public works and improvements generally described as follows: Acquisition of Summerhill Bridge; street, storm drain and sanitary sewer improvements; - relocation of water mains; and appurtenances and appurtenant work together with incidental expenses in connection with the foregoing. (the "Improvements"); WHEREAS, the lands to be specially assessed for the Improve- ments shall be included within an assessment district designated as ASSESSMENT DISTRICT NO. 89-1 (the "Assessment District"); WHEREAS, a Petition has been received signed by owners of assessable property within the Assessment District requesting financing and acquisition of Improvements and waiving proceedings and limitations under Division 4 of the Streets and Highways Code: NOW, THEREFORE, the City Council of the City of Lake Elsinore does hereby RESOLVE, AND ORDER as follows: Section 1. Recitals. The above recitals are all true and correct. Section 2. Findinas. The City Council hereby finds and determines: (a) That the Petition meets the requirements of Section 2804 of the Streets and Highways Code, in that, the Petition is signed by the owners of land constituting more than 60~ of all assessable land within the Assessment District; (b) That the Petition meets the requirements of Section 2804.2 of the Streets and Hiqhways Code, in that, the Petition is siqned by mortgagees and beneficiaries under existing mortgages and deeds of trust on land constituting more than 60& of all assessable land within the Assessment District; and (c) That, based upon the records of the County Assessor, the total estimated amount of the proposed assessments will not exceed seventy five percent (75~) of the estimated fair market value of the lands to be assessed, pursuant to Section 2804.1 of the Streets and Highways Code. Section 3. Waiver of Proceedinas. The proceedings and limitations under Division 4 of the Streets and Hiqhways Code shall not be applicable to these proceedings. Section 4. Filina. The Petition shall be filed with the transcript of these proceedings and shall be open to public inspection. Section 5. Effective Date. This resolution shall take effect upon adoption. Section 6. Certification. The Clerk shall certify to the passage and adoption of this resolution; shall enter the same in the book of original resolutions of the District; and shall record the passage and adoption thereof in the minutes of the meeting at which the same is passed and adopted. PASSED, APPROVED AND ADOPTED this 25th day of July l9gg, by the following vote: AYES: COUNCILMEMBERS: BUCK, DOP1INGUEZ, STARKEY, ~JASHBURN, 6JINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS; NONE ABSTAIN: COUNCILMEMBERS; NONE \ Jim Winkler, Mayo City of Lake Elsinore 2 TTEST: _ Vicki L~n e Kasad, City Clerk City of ;La ce El~inore APPFZOVED AS O FORM & LEGALITY: IVYI John R. Harper, ity ttorney 3 STATE Of CALIFORNIA ) COUNTY Of RIVERSIDE ) SS: CITY OF LAKE ELSINORE 1 I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the City Council of the City of Lake Elsinore at a regular meeting of said Council on the 25th day of July, 1989, and that it was so adopted by the following vote: AYES: NOES: ABSENT: ASSTAIN: VIGi~.i "~YNNF KAS CITY OF LAK E~ (SEAL) COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: ~~-~x-a~-(~ AD, CITY CLERK SINORE BUCK, DOMINGUEZ, STARKEY WASHBURN, WINKLER NONE NONE NONE STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 89-28 of said Council, and that the same has not been amended or repealed. DAT~ED: July 27, 1989 ' UICKI LYNN K SAD, CIT~K ,. CITY ~7t~ LAKE LSINORE (SEAL)