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Home My WebLink AboutCC Reso No 1991-41RESOLUTION NO. 91-41 A RESOLUTION OF THE CITY COIINCIL DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR CERTAIN MAINTENANCE IN AN EXISTZNG DISTRICT~ PUR3UANT TO THE PROVISIONS OF DECISION 15~ PART 2 OF THE STREETS AND HIGFIWAYS CODE OF THE STATE OF CALIFORNIA~ AND SETTZNG A TIME AND PLACE FOR PUBLIC HEARING THEREON WHEREA3, the City Council of the City of Lake Elsinore, California, has pursuant to the Lighting Act of 1 Highways Code of designated as• CITYWIDE previously formed a street lighting district terms and provisions of the "Landscaping and 972", being Division 15, Part 2 of the Streets and the State of California, in that it is known and CITY OF LARE ELSINORE LANDSCAPING AND STREET LIGHTTPIG DISTRICT (hereinafter referred to as the "District"); and, WHEREAB, at this time, this City Council is desirous to take proceedings to provide for the annual 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 true and correct. r PUBLIC INTERE$T SECTION 2. That the public interest and convenience requires, and it is the intention of this City Council, to undertake proceedings for the annual levy and collection of special assessments for the continual maintenance of certain improvements, all to serve and benefit said District as said area is sh~wn and delineated on an 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 r~garding the annual levy for said District, which "Report" is for maintenance for the fiscal year 1991-199"L, is hereby approved and is directed to be filed in the Office of the City Clerk. 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 convenience to levy and collect annual assessments to pay the costs and expense of said maintenance and improvements as estimated in said "Report." DESCRIPTION OF MAINTENANCE sECTION 5. The assessments levied and collected shall be for the maintenance of certain street lighting improvements, as set r 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 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 know as: "SPECIAL FUND CITY OF LAKE ELSINORE CITYWIDE LANDSCAPING AND STREET LIGHTING 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 r the district benefitted 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. PUHLIC PROPERTY SECTION 9. Any lots or parcels of land knowri 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. PUBLIC HEARING SECTION 10. NOTICE IS HEREBY GIVEN THAT TUESDAY, THE 25th DAY OF JUNE, 1991, AT THE HOUR OF 7:00 O'CLOCK P.M. IN THE REGULAR MEETING OF THE 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, AND ANY OTHER MATTERS CONTAINED IN THIS RESOLUTION BY THOSE PROPERTY OWNERS AFFECTED HEREBY. 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 SCHEDULED FOR SAID PUBLIC HEARING. r 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 Lake Elsinore, Sun Tribune, newspaper of qeneral circulation within said City, said publication shall be not less than ten (10) days before the date set fbr said Public Hearing. POSTING OF NOTICE 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. EFFECTIVE DATE SECTION 13. That this Resolution shall take effect immediately upon its adoption. PROCEEDINGS INQUIRIES SECTION 14. For any and all information relating to the proceedings, protest procedure, any documentation and/or r information of a procedural or technical nature, your attention is directed to the below listed person at the local agency or department so designated: Bob Boone, Director of Administrative Services City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92330 (714).674-3124 PASSED, APPROVED AND ADOPTED this 28th day of MaY , 1991, by the following vote: AYES: NOES: ABSENT: ABSTENTIONS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILP1EMBERS: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NONE( NONE I~ ~ q 1 ' NONE ATTEST: VICKI LY'NN KASAD, CITY CITY OF L E ELSINORE APPROVE'A A~ TO r LAK~ 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 £oregoing Resolution duly adopted by the City Council of the City of Lake Elsinore at a regular meeting of said Council on the 28th day of May, 1991, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES; COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE VI"C1~TvL E ICA5AD, CITY CLERK CITY OF E ELSINORE (SEAL) 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 correot copy of Resolution No. 91-41 of said Council, and that the same has not been amended or repealed. : May 30, 1991 VICKI LYNN~ICI~SAD, CITY CLERK CITY OF LA ELSINORE (SEAL)