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HomeMy WebLinkAboutCC Reso No 1975-34RESOLUTION NOo 75-34 A RGSOLUTION OF THE CITY OF IAKE ELSINORE9 CA LI= FORNIA~ CONFIRMING AN ITEMIZED.WRITTEN REPORT ; SHOWING C05T-OF.WEED AND RUBBISH ABATEMENT,,CON~ FIRMING THE_ITEMIZED WRITTEN REPORT FOR Et1CH SEPARATE_PARCEL OF LAND.~EQUIRED BY SECTION-39574 OF THE GOVERNMENT CODE.OF THE $TATE OF CALIFORN7A, AND PROVIDING THAT THE COSTS THEREOF ON EACH PARCEL OF IAND SHALL CONSTITUTE A.SFECIAL ASSESSMENT AGAINST THAT PROPERTX AND SHb1LL. BE MADE A LIEN ON - SAID PARCELS OF LAND PURSiTANT-T0. SECTION 39577 OF - THE GOVERNMENT-CODE OF THE STATE OF CALIEORNIA, AND PROVIDING.FOR THE_FILING.OF SAID ASSESSMBNT A S PROV IDED IDT SA ID. GOVERNMENT C Oi}E , Iai~iEREAS9 The City Gouncil of the City of Lake Elsinore, California, by Resolution No4 75~19 adopted on the 28th day of Apri1, 1975, did undertake weed and rubbish abatement pursuant to the Government Code of the State of California and Ordinance No, 532 of the City, and did pursuant thereto cause to be held a public meeting before said Council on May 12, 1975, for the purpose of considering any and all objections to said weed, rubbish, refuge, and dirt abatement, reference is hereby made to said Resolution, WHEREAS, said public meeting was held at which time objections were considered by certain property owners and said objections were overruled, WHEREAS, thereafter the said City, pursuant to Section 39576,5 of the Governarent Code of the State of California, did by contract award said work of abatement to a contractor who was the lowest responsible bidder pursuant to said Government Code; WHEREAS, thereafter saicl.contractor did pursuant to said contract do certain work in connection with the weed, rubbish, refuge and dirt abatement and did thereafter submit a purported account and a purported itemized written report for each separate , parcel of land required by Section 39574 of the Government Code of the State of California; WHEREAS, thereafter there was mailed out a statement of charges for said weed abatement work to the.various property owners upon which said purported abatement work had been performed by the contractor; ~,la WHEREAS, the City Council of the City of Lake Elsinore, California, did cause to be set a hearing at the City Hall in the r City of Lake Elsinore, California, on the 28th day of July, 1975, . at 7:30 p.m., for the purpose of heaYing any and all objections to said report, by the property owners liable to be assessed for the abatement. That said notice of said hearing was given to the respective property owners as provided by law; WHEREAS, at said hearing held on luly 28, 1975, at 7:30 p.m., numerous property owners filed written and oral protests to the proposed assessment. The City Council of said City did thereafter continue said hearing until August 4, 1975, at 7:30 p.m. for fuzther hearing of objections at which time further objections were made by the property owners ~o the proposed assessment; WHEREAS, on the 28th day of July, 1975, the City Council of said City did refer to the City Manager the:matter oE thecbjections of the prope~ty owners together with the account and itemized written report filed by the contractor and other matters concerning the work done by said contractor £o~ a written report to be prepared and filed by the City Manager pertaining to said weed abatement. WHEREAS, the City Manager of said City did on the 4th day of August, 1975, render his report in regards to said weed abate- ment, a copy of which is on file with the City Clerk of the City of Lake Elsinore, California. That in said Yeport the City Manager did review the plans, specifications and bid of the contractor and did determine that the charges and costs made by the said contractor were not in accordance with the bid and specifications, and did recommend that the billing be revised and that the property owners ~ be notified of the revision of certain bills and that the contractoY be notified that the charges as to various parcels of prope~ty were in excess of the contract; WHEREAS, ~t said meeting before the City Council of said City the City Council did accept the report of the City Manager and did authorize the City Manager to issue to certain property owners revised billings and did determine that the certain billings - 2 - and itemized statements of the contractor were in violation o£ the provisions of said bid and contract. That the said contractor was advised of the excessive billings by a letter dated August 1, 1975, a copy of which is on file with the City Clerk of the City of Lake Elsinore, California. NOW, THEREFORE, BE IT RESOLVED: 1. That the City Council of the City of Lake Elsinore, _ California, does hereby confirm the report made by the City Manager, together with the itemized written report and bill for each sepaYate parcel of land required by Section 39574 of the Government Code of the State of California. 2. That the cost of abatement of said nuisance in f~ont of or upon each parcel of land shall constitute a special assessment against that parcel and shall be a lien on said parcel of land in accordance with the provisions of the Gove~nment Code of the State of California and Ordiaance No. 532 of the City of Lake Elsinore, California. 3. That an itemized written report and bill for each separate parcel of land is affixed to this Resolution and made a part hereof by reference as though more fully set forth herein. That eertified copies of this Resolution, together with the exhibit attached hereto, sha11 be delivered to the Riverside County Auditor- Controller and shall be made a part of the tax assessments and be made a part of the tax ro~l~ls all in accordance with Sections 3957&, 39579, 39580, and 39583 of the Government Code of the State of California, and other provisions of law applicable thereto. Said report is being filed with the County Auditor for the reason that the CQUnty Assessor and Tax Gollector of said Riverside County perform the function of assessing property and collecting the taxes of said City. The above Resolution was duly pYesented, approved and adapted the 18th day of August, 1975, by the following votes, to wit: - 3 - AYES: Mayor Norman L. Ghaffin, Councilmen Lawrence Cartier, F~ank De Pasquale, Eugene CarteY and Eorrest G. Perkins NOES: None ABSENT: None ~' ~ ~ or o t e Cit~~L e E sinore, alifornia ' ATTEST: ~ y~ .i~-~~~,p~ Cit Clerc of t e City o La e Elsinore, California ~ - 4 - I, FLORENE MARSHALL, the City Clerk of the City of Lake Elsinore, California, l~e~eby certify that the foregoing Resolution, being No. 75-34, was duly and regularly int~oduced at the meeting of the City Council of said City on the 18th day of August, 1975, and was duly adopted on said date at a meeting duly ~eld by the following vote, to wit: AYES: Mayor Norman L. Chaffin, Councilmen Lawrence Cartier, Frank De Pasquale, Eugene Carter and Lorrest G. Perkins NOES: None ABSENT: None I further certify that said Resolution is in fu11 foYCe and effect and has not been changed, modified or rescinded, IN WITNESS WHEREOF, I have hereto set my hand and affixed the official seal of the City of Lake Elsinore, California, this ~ day of August, 1975. ~d ti , _ , ~ ~-~-,-,~~~,r°~ City C er o~ ae City o La e Elsitto~e, California - 5 -