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Home My WebLink AboutCC Reso No 1988-23RESOLUTION NO. 88-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, DECLARING ITS INTENTION TO ORDER THE FORMATION OF A LANDSCAPING AND STREET LIGHTING DISTRICT AND LEVY OF ANNUAL ASSESSMENTS PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF TAE STATE OF CALIFORNIA, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON. WHEREAS, the City Council of the City of Lake Elsinore, California, has previously formed a street lighting district pursuant to the terms and provisions of the "Landscapinq and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code oP the State of California, in what is known and designated as CITY OF LAKE ELSINORE CITY-WIDE LANDSCAPING AND STREET LIGHTING DISTRICT (hereinafter referred to as the "District"); and, WHEREAS, at this time, this City Council is desirous to take proceedings to provide for the formation of a landscaping and street lighting district and the levy of assessments for the next ensuing fiscal year, to provide for the costs and expenses necessary for continual maintenance of improvements within said District; and, WHEREAS, at this time 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 proceeding with the proceedings for said annual levy and annexation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lake Elsinore does hereby resolve, determine and order as follows: SECTION 1. That the above recitals are all true and ' correct. PUBLIC INTEREST SECTION 2. That the public interest and convenience requires, and it is the intention of this City Council, to PAGE TWO - RESOLUTION NO. 88-23 undertake proceedings for the annexation of additional territory to the District, and the annual levy and collection of special assessments for the continual maintenance oP certain improvements, all to serve and benefit said District as said area is shown and delineated on a map as previously approved by this City Council and on file in the Office of the City Clerk, open to public inspection, and herein so referenced and made a part hereof, and proposed changes thereto are set forth in the "Report" of the Engineer, incorporated herein as a part hereof. REPORT SECTION 3. That the "Report" of the Engineer regarding the annual levy for said District, which "Report" is for maintenance for the fiscal year 1988-89, is hereby approved and is directed to be filed in the Office of the City Clerk. ASSESSMENT SECTION 4. That the public interest and convenience requires, and it is the intention of this City Council to order the annual assessment levy for the District as set forth and described in said Engineer's "Report," and further it is determined to be in the best public interest and oonvenience to levy and collect annual assessments to pay the costs and expense of said maintenance and improvement as estimated in said "Report." DESCRIPTION OF SECTION 5. The assessments levied and collected shall be for the maintenance of certain street lighting improvements, as set forth in the Engineer's ~~Report," referenced and so incorporated herein. COUNTY AUDITOR SECTION 6. The County Auditor shall enter on the County Assessment Roll the amount of the assessments, and shall collect said assessments at the time and in the same manner as County taxes are collected. After collection by the County, the net amount of the assessments, after the deduction of any compensation due to the County for collection, shall be paid to the Treasurer PAGE THREE - RESOLUTION N0. 88-23 for purposes of paying for the costs and expenses of said District. SPECIAL FUND SECTION 7. That all monies collected shall be deposited in a special fund known as "SPECIAL FUND CITY OF LAKE ELSINORE __: CITY-WIDE LANDSCAPING AND STREET LIGATING DISTRICT" Payment shall be made out of said fund only for the purpose provided for in this Resolution, and in order to expedite the making of this maintenance and improvement, the City Council may transfer into said funds as it may deem necessary to expedite the proceedings. Any funds shall be repaid out of the proceeds of the assessments provided for in this Resolution. BOUNDARIES OF DISTRICT SECTION 8. Said contemplated maintenance work is, in the opinion of this City Council, of direct benefit to the properties within the boundaries of the District, and this City Council makes the costs and expenses of said maintenance chargeable upon a district, which district said City Council hereby declares to be the district benefited by said improvement and maintenance, and to be further assessed to pay the costs and expenses thereof. Said District shall include each and every parcel of land within the boundaries of said District, as said District is shown on a map as approved by this City Council and on file in the office of the City Clerk, and so designated by the name of the District. PUBLIC PROPERTY SECTION 9. Any lost or parcels of land known as public property, as the same are defined in Section 22663 of Division 15, Part 2 of the Streets and Highways Code of the State of California, which are included within the boundaries of the District, shall be omitted and exempt from any assessment to be made under these proceedings to cover any of the costs and expenses of said improvement and maintenance work. BUBLIC HEARING SECTION 10. NOTICE IS HEREBY GIVEN THAT TUESDAY, THE PAGE FOUR - RESOLUTION N0. 88-23 28TH DAY OF JUNE, 1988, AT THE HOUR OF 7:00 O'CLOCK P.M., IN THE REGULAR MEETING OF TAE CITY COUNCIL, BEING THE COUNCIL CHAMBERS, IS THE TIME AND PLACE FIXED BY THIS CITY COUNCIL FOR THE HEARING OF PROTESTS OR OBJECTIONS IN REFERENCE TO THE ANNUAL LEVY OF ASSESSMENTS, TO THE EXTENT OF THE MAINTENANCE, TO THE ANNEXATION OF ADDITIONAL TERRITORY, BY THOSE PROPERTY OWNERS AFFECTED HEREBY AND ANY OTHER MATTERS CONTAINED IN THIS RESOLUTION. ANY PERSONS WHO WISH TO OBJECT TO THE PROCEEDINGS FOR THE ANNUAL LEVY SHOULD FILE A WRITTEN PROTEST WITH THE CITY CLERK PRIOR TO THE TIME SET AND SCAEDULED FOR SAID PUBLIC HEARING. NOTICE SECTION 11. That the City Clerk is hereby authorized and directed to publish, pursuant to Government Code Section 6066, a copy of this Resolution in the Sun-Tribune, a newspaper of general circulation within said City, said publication shall be not less than ten (days) before the date set for said Public Hearing. SECTION 12. That the City Clerk is further directed to cause a copy of the Resolution of Intention to be posted upon the official bulletin board customarily used for the posting of notices. SECTION 13. That the City Clerk is further directed to mail by first class mail, postage prepaid, copies of this Resolution to all property owners who own property in the affected area, but who have not petitioned to waive the right to mailed notice, as set forth in Section 22557 of the Streets and Highways Code of the State of California, said mailing to be completed at least ten (10) days prior to said hearing date. EFFECTIVE DATE SECTION 14. That this Resolution shall take effect immediately upon the adoption. PROCEEDINGS INQUIRIES SECTION 15. For any and all information relating to the proceedings, protest procedure, any documentation and/or information of a procedural or technical nature, your attention is PAGE FIVE - RESOLUTION NO. 88-23 directed to the below listed person at the local agency or department so designated: RON KIRCHNER, Director of Public Works City of Lake Elsinore 130 South Main Street Lake Elsinore, California 92330 (714) 674-3125 _ PASSED, APPROVED AND ADOPTED this 24th day of May, 1988 by the followinq vote: AYES: NOES: ABSENT: ABSTAIN: CoUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE COUNCILMEMBERS: ATTEST: ~ VICKI LYNI3E KASAL~, CITY C ERK CITY OF 7,A ~LSTNORE APPROVED AS TG FORM AND LEGALITY: . `~-ILJVV~I/ ~~ JOHN R. H PER, ITY ATTORNEY CITY OF LAKE E ORE CITY OF LAKE ELSINORE 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 foregoing Resolution duly adopted by the City Council of the City of Lake Elsinore at a reqular meeting of said Council on the 24th day of May, 1988, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE i ~ ~~~NNF . D, TY C ERK CITY OF LFi ELSIPv'ORE (SEAL) STATE OF CALIFORNIA ) COUNTY OE 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. 88-23, of said Council, and that the same has not been amended or repealed. DATED: NTc}yV 25, 1988 \ (~ (`~~ VICKI LYNrI~ SAD, CITY CLERK CITY OF :i,P,KE EZ,SII30RE (SEAL)